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Toothless Tiger; Library records & Patriot Act
Topic Started: Sep 20 2003, 12:54 AM (227 Views)
Swidden
Member Avatar
Adm. Gadfly-at-large; Provisional wRench-fly at large
One big concern over the Patriot Act has been related to it being used to look into people's library checkout records. How often has this been done?

Not once.

SF Chronicle: Patriot Act

Should the Atty General's office have come clean earlier or should they have kept mum about it?
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Admiralbill_gomec
UberAdmiral
Here's the part of the Patriot Act that had the librarians in such a tizzy... the EEEEEEVILLLL Section 215:

---SNIP---
SEC. 215. ACCESS TO RECORDS AND OTHER ITEMS UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT.
Title V of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) is amended by striking sections 501 through 503 and inserting the following:

`SEC. 501. ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS.
`(a)(1) The Director of the Federal Bureau of Investigation or a designee of the Director (whose rank shall be no lower than Assistant Special Agent in Charge) may make an application for an order requiring the production of any tangible things (including books, records, papers, documents, and other items) for an investigation to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution.

`(2) An investigation conducted under this section shall--

`(A) be conducted under guidelines approved by the Attorney General under Executive Order 12333 (or a successor order); and
`(B) not be conducted of a United States person solely upon the basis of activities protected by the first amendment to the Constitution of the United States.
`(B) Each application under this section--

`(1) shall be made to--
`(A) a judge of the court established by section 103(a); or
`(B) a United States Magistrate Judge under chapter 43 of title 28, United States Code, who is publicly designated by the Chief Justice of the United States to have the power to hear applications and grant orders for the production of tangible things under this section on behalf of a judge of that court; and
`(2) shall specify that the records concerned are sought for an authorized investigation conducted in accordance with subsection (a)(2) to protect against international terrorism or clandestine intelligence activities.
`©(1) Upon an application made pursuant to this section, the judge shall enter an ex parte order as requested, or as modified, approving the release of records if the judge finds that the application meets the requirements of this section.

`(2) An order under this subsection shall not disclose that it is issued for purposes of an investigation described in subsection (a).

`(d) No person shall disclose to any other person (other than those persons necessary to produce the tangible things under this section) that the Federal Bureau of Investigation has sought or obtained tangible things under this section.

`(e) A person who, in good faith, produces tangible things under an order pursuant to this section shall not be liable to any other person for such production. Such production shall not be deemed to constitute a waiver of any privilege in any other proceeding or context.

`SEC. 502. CONGRESSIONAL OVERSIGHT.
`(a) On a semiannual basis, the Attorney General shall fully inform the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate concerning all requests for the production of tangible things under section 402.

`(B) On a semiannual basis, the Attorney General shall provide to the Committees on the Judiciary of the House of Representatives and the Senate a report setting forth with respect to the preceding 6-month period--

`(1) the total number of applications made for orders approving requests for the production of tangible things under section 402; and
`(2) the total number of such orders either granted, modified, or denied.'
---SNIP---

This was in the article linked by the Swid-man:

In an unusually sharp and at times sarcastic speech to police and prosecutors Thursday in Memphis, Ashcroft labeled critics of the law "hysterics" and said "charges of abuse of power are ghosts unsupported by fact or example."

"The fact is, with just 11,000 FBI agents and over a billion visitors to America's libraries each year, the Department of Justice has neither the staffing, the time nor the inclination to monitor the reading habits of Americans," Ashcroft said. "No offense to the American Library Association, but we just don't care."
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benetil
Unregistered

Swidden
Sep 20 2003, 12:54 AM
One big concern over the Patriot Act has been related to it being used to look into people's library checkout records. How often has this been done?

Not once.

SF Chronicle: Patriot Act

Should the Atty General's office have come clean earlier or should they have kept mum about it?

Swidden: your point is well taken, we should all feel free to patronize our local libraries.

But I think that every American should be concerned (frightened) about two things where the USA PATRIOT Act is concerned.

1) the broad new domestic surveillance and investigation powers that the Act gives to Law Enforcement - they have freedoms to monitor our (CITIZENS') communications and activities that were unconstitutional (still may be, when things are reviewed properly)
2) the nature of the individual who currently leads the United States Department of Justice - Attorney General John Ashcroft

John Ashcroft has demonstrated that he is willing to use the USA PATRIOT Act to pursue drug dealers and other types of common criminals (especially if they're doing things that run against John Ashcroft's personal belief system) here in the USA. Attorney General Ashcroft said that the USA PATRIOT Act was necessary because existing laws would not allow him (Law Enforcement) to arrest individuals who were merely suspicious - - of course, at the time, everyone thought that he (Ashcroft) was talking about terrorists because the USA PATRIOT Act was conceived on the heels of the horrible terrorist attacks that took place on September 11, 2001. Now, we've come to understand that Mr. Ashcroft had plans as broad as the USA PATRIOT Act itself!

Oh, why did Americans like me think that the USA PATRIOT Act was designed to protect us from terrorists? Because USA PATRIOT is the acronym for Provide Appropriate Tools Required to Intercept and Obstruct Terrorism. And, conveniently, our government isn't in a position to inform us of all of the terrorists who have been apprehended using the USA PATRIOT Act - that information would jeopardize US National Security. LIARS! Dirty Liars!

I reflect back on a freshman officer who apprehended that Eric Rudolph character who was wanted in connection with a bombing (an abortion clinic as I remember, but I might be wrong). Again, the details are not fresh in my mind, but I think the Federal Government spent several years and several million dollars unsuccessfully trying to capture this single individual. But a rookie twenty year-old cop who was doing his job was able to get the job done.

And one final quote from John Ashcroft before I go. He (Ashcroft) said, "Let the terrorists among us be warned, if you overstay your Visas even by one day, we will arrest you." My question is why would DOJ wait until the terrorist's Visa expires before arresting him?

John Ashcroft is a bad man, a very bad, ultra-extremist man. He scares the hell out of me.
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Fesarius
Member Avatar
Admiral
Only twice have we (in an academic library) ever been asked to 'surrender' library records to officials. In both cases, we (actually, the administration) refused to do so. I believe the correct choice was made in both cases. However, a subpoena might make me act differently the next time. It's not a decision I (personally) have ever had to make. Has anyone ever had to deal with this in a non-academic (e.g., public, school, special, or state) library?
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ANOVA
Vice Admiral
Quote:
 
However, a subpoena might make me act differently the next time. I


As well it should. A supoena means that the courts have upheld the right of due process of the accused (the persons whose records they are looking it). Failure to turn over such records could land you in serious hot water regardless of the Patriot Act.

Contempt of court 30 days and $300
Obstruction of justice (much much worse)

All in good fun
ANOVA
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ImpulseEngine
Admiral
It's ridiculous to think that the government is going to spend time just randomly or even systematically looking into people's business. They don't have the time nor do they care as Admiralbill pointed out. Therefore, I don't find it surprising that it has been used zero times to check library and other records to date.

However...

The door has been opened. Given the right circumstances the possibility of abuse is huge. That's what all the hoopla is about. When there are specific people that certain people in the government may want to target, and not necessarily for valid terrorism reasons, they can find ways to use this Act to get into people's business for the wrong reasons.

I personally don't like the Act and I like John Ashcroft having anything to do with it even less.
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