Congressional Research Service, "Libraries and the USA PATRIOT Act," updated July 6, 2005 [pdf]

Congress is poised to reauthorize the USA PATRIOT Act

Congress is poised to reauthorize the USA PATRIOT Act. This legislation is expected to be introduced in the House and Senate shortly and may move relatively quickly through the legislative process. In fact, the House of Representatives is expected to have floor consideration of the legislation the week of July 18.

Two sections of the Act, Sections 215 and 505, are of particular concern to the research library community as they pertain to the privacy of user records. Letters or calls to your House and Senate delegations calling for amendments to these two sections would be most helpful.

Please see the amendments that the American Library Association believes are important to have Congress consider. Below are those key provisions that many believe constitute the critical provisions requiring modification.

Key Provisions:

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

2) 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.

3) 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.

Congressional Hearings Begin on USA PATRIOT Act, 4/05

In April 2005, the House and Senate have begun a series of hearings on the USA PATRIOT Act. In particular, members of Congress are considering issues associated with 16 provisions that will sunset at the close of the year. These provisions in the USA PATRIOT Act increased the surveillance and investigative authorities of law enforcement agencies.

On April 5, 2005, in a hearing before the Senate Committee on the Judiciary, Attorney General Alberto Gonzales indicated that the Department of Justice (DOJ) may be open to changes to section 215, the section that permits the FBI access to business records, including library records, without showing probable cause if they believe they are connected to an intelligence investigation. While calling upon Congress to expand the USA PATRIOT Act, the Attorney General noted that any changes to the sun-setting provisions should be modest in scope.

A number of bills have been introduced that would moderate some of the USA PATRIOT Act provisions.

• The "Security and Freedom Enhancement Act (SAFE) of 2005" (S. 737 and H.R. 1526) includes two provisions of particular importance to the library community. One proposed change to section 215 of the USA PATRIOT Act would still allow the government access to business records, but require the government to show that there was reason to believe that the person's whose records were being sought was an agent of a foreign power. Similarly, the second provision relating to National Security Letters (NSLs) would also require the government to show there was reason to believe that the person whose records they seeks via na NSL was an agent of a foreign power. For more information click here.

• "The Freedom to Read Protection Act," (H.R. 1157 introduced by Rep. Bernie Sanders (I-VT) and co-sponsored by 123 Members, would exempt libraries and bookstores from the provisions of section 215 of the USA PATRIOT Act. The FBI would still be able to obtain access to these records based on a court-ordered search warrant.

• "The Library, Bookseller and Personal Records Privacy Act,"(S. 317 introduced by Sen. Feingold (D-WI) with 10 co-sponsors, includes privacy protections for information on computer users at libraries and booksellers. The legislation specifies that if a request is made to a library or bookseller, "the certification required shall specify that there are specific and articulable facts giving reason to believe that the person or entity to whom the records pertain is a foreign power or an agent of a foreign power."

ARL is working with others in the public interest community in support of these privacy and civil liberties related bills.

Related Sites

USA PATRIOT Improvement and Reauthorization Act of 2005 (Enrolled as Agreed to or Passed by Both House and Senate) H.R.3199.ENR

To permanently authorize certain provisions of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2005 (Report in Senate) S.1266.RS

A copy of the conference report, which appeared in the Congressional Record, may be found here

Resources

American Library Association on The USA PATRIOT Act

Center for Democracy & Technology

American Civil Liberties Union

Domestic Security Enhancement Act

Sign-On Letter to Congress [pdf]