FBI Demand for Library's Records Underscores Need to Amend Patriot Act

September 08, 2005

The recent revelation that the FBI is attempting to obtain patron records from a Connecticut library clearly demonstrates that the Patriot Act needs to be amended to restore readers' right to privacy, according to a statement released this week by the Campaign for Reader Privacy (CRP). The sponsors of CRP are the American Booksellers Association, the American Library Association, the Association of American Publishers, and PEN American Center.

"The Connecticut case proves that despite the claims that the Patriot Act will rarely if ever be used to search reader records, the FBI is prepared to exercise its extraordinary power whenever it believes it is necessary," said Michael Gorman, president of ALA. "When that happens, it is critical that we have safeguards in place to ensure that this power is not abused."

In early August, the American Civil Liberties Union announced that it had filed suit against the government on behalf of a Connecticut plaintiff, a member of ALA who could not be publicly identified because of the gag order imposed on all recipients of National Security Letters (administrative subpoenas issued by the government that can order the release of sensitive information about library patrons without any judicial oversight, including information on Internet usage). The lawsuit seeks to lift the gag. Following a hearing in Bridgeport on August 31, U.S. District Court Judge Janet Hall promised a decision as early as this week.

According to CRP, which represents librarians, booksellers, publishers, and writers, the Connecticut case underlines the importance of adopting safeguards unanimously approved by the Senate in S.1389, a bill reauthorizing expiring sections of the Patriot Act. A conference committee will meet later this month to reconcile S. 1389 with a House bill that does not contain the safeguards in the Senate bill.

If S.1389 is signed into law, booksellers, librarians, and others would be allowed to challenge orders to turn over sensitive records issued under Sections 215 and 505 of the Patriot Act. (Section 215 covers records of books borrowed or sold in bookstores and libraries; Section 505, which authorizes the issuance of National Security Letters, relates to the Internet records of bookstores and libraries.) In addition, booksellers, librarians, and others would be able to challenge gag orders issued under Section 505. S. 1389 also limits the issuance of Section 215 orders to persons suspected of terrorism and people who are in contact with them. The House version of the Patriot Act reauthorization bill has less stringent safeguards against misuse of the subpoena powers granted by the Patriot Act.

CRP is urging its supporters to contact the Senate conferees to urge them to push for S. 1389. They are Arlen Specter (R-PA), Pat Roberts (R-KS), Jeff Sessions (R-AL), Michael DeWine (R-OH), Jon Kyl (R-AZ), Orrin Hatch (R-UT), Patrick Leahy (D-VT), Edward Kennedy (D-MA), Jay Rockefeller (D-WV), and Carl Levin (D-MI). The House conferees have not been chosen yet.

"We are on the verge of restoring the safeguards for the privacy of bookstore and library records -- something we have been seeking for two and a half years," said ABA COO Oren Teicher. "We are asking the friends of reader privacy to let their voices be heard in Congress one more time."

CRP will be distributing petitions calling for an amendment of Section 215 to Senate offices in Washington, D.C., very soon -- perhaps as early as next week. (For a related story, click here.)

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