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Newark, NJ --- As the U.S. Congress prepares to once again debate the reauthorization of the USA Patriot Act, U.S. Reps. Frank Pallone, Jr. (D-NJ) and Donald Payne (D-NJ) today met with several New Jersey library directors and members of the New Jersey American Civil Liberties Union (ACLU) at the Newark Public Library to discuss several controversial provisions in the Patriot Act relating to library records.
When the Patriot Act became law after 9/11, individual library records became fair game for law enforcement officials investigating international terrorism. Prior to the Patriot Act, libraries were considered centers of knowledge where individuals could read up on any subject without having to explain their interest. The New Jersey congressmen wanted to hear firsthand from library directors about how the Patriot Act is impacting New Jersey libraries.
"Libraries are essential in ensuring an informed and engaged society," Pallone said. "We simply cannot deter any individual from using a library's resources for fear that the government may access their records without judicial protections."
Sixteen provisions included in the Patriot Act, including all of the provisions pertaining to libraries, are scheduled to expire at the end of the year. In July, both the House and Senate passed separate reauthorization bills that would extend these provisions as amended. Pallone opposed the House version when it came to the floor on July 21.
"The most egregious act by the Republican leadership was their insistence that 14 of the 16 provisions be made permanent and that the other two provisions sunset in ten years," Pallone continued. "Democrats tried to offer an amendment on the floor that would sunset each of the 16 provisions in four years, like the Senate bill, so we could reexamine whether law enforcement were unnecessarily prying into the private lives of American citizens. The Republican leadership feared the sunset provision might pass, and therefore refused to allow a floor vote."
Section 215, also referred to as the library provision, was one of the two provisions the House bill sunsets in ten years. Section 215 allows the Federal Bureau of Investigation (FBI) to demand and search a broad array of documents, including bookstore and library records, if it believes that the records are needed to obtain foreign intelligence.
Unlike the House version, the Senate bill sunsets after four years and sets stricter checks and balances. For example, while the House bill simply states that the FBI can demand records it deems relevant to an investigation, the Senate version sets stricter guidelines for a search, including the requirement that the records must be tied to an "agent of foreign power." This is the same requirement that existed before the Patriot Act was passed in 2001.
In addition, the Senate version mandates that the FBI give librarians or any other party being asked to turn over records directions on how exactly they can challenge these demands. The House version offers librarians no guidance at all. Both the Senate and House bills require the FBI Director's approval.
Another controversial provision, Section 505, allows the FBI to obtain financial, telephone, internet and consumer records "relevant" to an intelligence investigation without judicial approval. Before the Patriot Act, these requests at least had to be directed at "agents of a foreign power." Now they can be used against anyone, including American citizens, even if they are not suspected of doing anything wrong.
This provision can be used by the FBI to demand internet records at libraries. Librarians are gagged from ever telling anyone they received this request, but this restriction is now being reviewed by the courts.
Next week the House is expected to select conferees that will work with the Senate to reconcile the differences between the two bills. Once a conference committee comes to an agreement, a conference report will have to be approved by both chambers before it can be sent to the president for his signature. |
