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Talking Points
January 26, 2006
Patriot Act Reauthorization: Why the Conference
Report is Unacceptable
The Conference Report Does not Adequately
Protect Reader Privacy
Both the House and the Senate have voted to restore safeguards
for reader privacy that were eliminated by the USA Patriot Act. In June, the
House of Representatives approved Rep. Bernie Sanders' Freedom to Read Amendment
by a vote of 238-187, cutting off funds for bookstore and library searches under
Section 215 of the Patriot Act. In July, the Senate passed a Patriot Act reauthorization
bill that restricts bookstore and library searches to the records of people
who are suspected of terrorism. However, the conference report that compromised
the differences between the House and Senate reauthorization bills failed to
include crucial reader privacy safeguards.
Section 215 Must Be Limited to Searches of the Records of
Suspected Terrorists
Section 215 of the Patriot Act authorizes the FBI to seek an order
from the secret court established by the Foreign Intelligence Surveillance Act
(FISA) for any records that may be "relevant" to a terrorist investigation.
The conference report continues to give the FBI access to all "relevant" records,
including the records of people who are not suspected of any crime and have
no connection to a person suspected of terrorism. The Senate reauthorization
bill eliminated the danger of fishing expeditions in bookstore and library records
by limiting searches to the records of suspected terrorists and people who are
in contact with them.
Booksellers and Librarians Must Not
Be Permanently Gagged
Section 215 imposes a permanent gag on booksellers and librarians
who receive an order to turn over records. The conference report continues
to gag recipients of Section 215 orders. While a temporary ban on disclosing
a search order may be justified in some circumstances, booksellers and librarians
must have the right to challenge the scope and duration of any gag that limits
their First Amendment right to engage in public debate over Section 215.
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