[Libs-Or] Fwd: [ALA-WO:849] Library Privacy Act Introduced

[Jim Scheppke]

It would be nice for Senator Wyden's office to get letters thanking him 
for co-sponsoring this legislation.  You might also want to urge 
Senator Smith to sign on (he would be the first Republican!). --> Jim

Begin forwarded message:

> From: "ALAWASH E-MAIL" <ALAWASH at alawash.org>
> Date: Thu Jul 31, 2003  9:07:03 AM US/Pacific
> To: ALA Washington Office Newsline <ala-wo at ala1.ala.org>
> Subject: [ALA-WO:849] Library Privacy Act Introduced
>
> ALAWON: American Library Association Washington Office Newsline
> Volume 12, Number 70
> July 31, 2003
>
> In This Issue:
> Library, Bookseller, and Personal Records Privacy Act Introduced
>
> On July 31, 2003, Senator Feingold (D-WI), joined by Senators Bingaman
> (D-NM), Kennedy (D-MA), Cantwell (D-WA), Durbin (D-IL), Wyden (D-OR),
> Corzine (D-NJ), Akaka (D-HI), and Jeffords (I-VT), introduced the
> Library, Bookseller, and Personal Records Privacy Act. The bill would
> amend the PATRIOT Act to protect the privacy of law-abiding Americans
> and set reasonable limits on the federal government's access to 
> library,
> bookseller, medical, and other sensitive, personal information under 
> the
> Foreign Intelligence Surveillance Act and related foreign intelligence
> authority.
>
> In his statement, Senator Feingold noted that "there is no question
> that the FBI needs ample resources and legal authority to prevent 
> future
> acts of terrorism.  But the Patriot Act went too far....  It is time to
> reconsider those provisions of the Patriot Act that are un-American 
> and,
> frankly, un-patriotic. .... Section 215 of the Patriot Act goes too 
> far.
>  Americans rightfully have a reasonable expectation of privacy in their
> library, bookstore, medical, financial, or other records containing
> personal information.  Prudent safeguards are needed to protect these
> legitimate privacy interests."
>
> Section 1 of The Library, Bookseller, and Personal Records Privacy Act
> would restore a pre-PATRIOT Act requirement that the FBI make a 
> factual,
> individualized showing that the records sought pertain to a suspected
> terrorist or spy. Under this bill, the FBI would have to articulate
> specific facts giving reason to believe that the named person to whom
> the records pertain is a suspected terrorist.  The FBI could subpoena
> only those library records - such as borrowing records or computer
> sign-in logs -- that pertain to the suspected terrorist.  The FBI could
> not obtain library records concerning individuals who are not suspected
> terrorists.
>
> Senator Feingold stated, "So, under my bill, the FBI can still obtain
> documents that it legitimately needs, but my bill would also protect 
> the
> privacy of law-abiding Americans.  I might add ... that if, as the
> Justice Department says, the FBI is using its Patriot Act powers in a
> responsible manner, does not seek the records of law-abiding Americans,
> and only seeks the records of suspected terrorists or suspected spies,
> then there is no reason for the Department to object to my bill."
>
> The second part of the bill would address privacy concerns with another
> federal law enforcement power expanded by the Patriot Act - the FBI's
> National Security Letter authority, or what is sometimes referred to as
> "administrative subpoena" authority because the FBI does not need court
> approval to use this power.  The bill would amend section 505 of the
> PATRIOT Act.  Part of Section 505 relates to the production of records
> maintained by electronic communications providers. Libraries or
> bookstores with Internet access for customers could be deemed
> "electronic communication providers" and therefore be subject to a
> request by the FBI under its administrative subpoena authority.
>
> As with the fix for Section 215, the bill would require an
> individualized showing by the FBI of how the records of Internet usage
> (including e-mail) maintained by a library or bookseller pertain to a
> suspected terrorist or spy.
>
> Please call your Senators and urge them to support this bill. You can
> contact them and learn more by using ALA's Legislative Action Center
> http://congress.nw.dc.us/ala/home/
>
> For further information, contact Patrice McDermott
> pmcdermott at alawash.org or Lynne Bradley lbradley at alawash.org -
> 202-628-8410.
>
> ******
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> ALA Washington Office, 1301 Pennsylvania Ave., N.W., Suite 403,
> Washington, D.C. 20004-1701; phone: 202.628.8410 or 800.941.8478
> toll-free; fax: 202.628.8419; e-mail: alawash at alawash.org; Web site:
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>
>



Jim Scheppke, State Librarian
Oregon State Library
250 Winter St. NE
Salem, OR 97301
503-378-4367
(fax) 503-585-8059
jim.b.scheppke at state.or.us