Proposed Recommended Amendments to the USA PATRIOT ACT American Library Association: 7/8/05

• Require the government to identify the person whose records are sought and be able to give specific reasons ("specific and articulable facts") to the FISA Court why that person is a suspected foreign power or an agent of a foreign power (spy or terrorist) and how those records pertain;

• Allow a recipient of a FISA Court records search (Section 215) order to disclose receipt to those persons to whom disclosure is necessary in order to comply with the order, or an attorney in order to obtain legal advice regarding such an order;

• Give a recipient of such an order the right to file a petition for the court to modify or set aside such order, and to choose to file the petition either in the district court of the United States for the judicial district within which such person resides, is found, or transacts business, or in the FISA court;

• Give a recipient of such an order the right to file a petition for the court to set aside the nondisclosure requirement order, and to choose to file the petition either in the district court of the United States for the judicial district within which such person resides, is found, or transacts business, or in the FISA court; and

• Require public reporting on all requests for the production of tangible things under Sections 215 of the USA PATRIOT Act.

• Specific fixes we want to Section 505 (which allows the FBI to issue its own subpoena to compel production of Internet use records from any entity that provides the public with access to the Internet)include:

• Require the government to provide specific and articulable facts giving reason to believe that the "transactional records" - name, address, length of service, and toll billing records - sought through a National Security Letter pertain to suspected spy or terrorist;

• Require the government to provide specific and articulable facts giving reason to believe that communications facilities have been used by the person or entity in communication with - (A) an individual who is engaging or has engaged in international terrorism or clandestine intelligence activities that involve or may involve a violation of the criminal statutes of the United States, or a foreign power or an agent of a foreign power (spy or terrorist);

• Allow a recipient of a National Security Letter to be able to disclose receipt to those persons to whom disclosure is necessary in order to comply with the order, or an attorney in order to obtain legal advice regarding such an order;

• Give a recipient of such an order the right to file a petition for the court to modify or set aside a National Security Letter order - in the district court of the United States for the judicial district within which such person resides, is found, or transacts business, and

• Give a recipient of such an order the right to file a petition for the court to set aside the nondisclosure requirement - in the district court of the United States for the judicial district within which such person resides, is found, or transacts business.