The Electronic Frontier Foundation posted a draft Patriot Act bill dated May 13, 2005. EFF says that the Senate Select Committee on Intelligence will consider this bill in closed session on Thursday May 26th. The bill would repeal sunset provisions of the Patriot Act -- and it also makes some changes to the so-called "library records" provision.
Libraries were not mentioned in the original Section 215 - the provision applies to any entity. In fact, I've always been surprised that news reporters haven't written about how it applies to them as well. Libraries are mentioned in an expanded accountability provision in the draft bill, requiring that Congress get a report on the number of times the provision is used to get tangible things (such as records) from libraries.
I pulled out the current law and marked it up with the proposed changes. It's impossible to read bills like this out of context.
For discussion on the proposal to broaden administrative subpoena authority [which would also affect library patron records] see Philip Carter's Intel Dump.
Notes: The provision at issue in the draft bill is numbered Section 211. It would modify the business records section of the Foreign Intelligence Surveillance Act (FISA), which is at 50 U.S.C. 1861-1862. Section 215 of the Patriot Act section originally broadened that portion, known as the "business records" provision of FISA. Most folks that I know still call that portion of FISA "Section 215."
Also, the EFF summary is dated May 11th - but is still applicable to the May 13th draft that I read, at least with respect to Section 215 (as revised by the draft's Section 211.)
The Patriot Act debates are expected to occur in June and/or July, so it's really important that our Members of Congress hear our concerns about governmental spying on library records. I found this website really informative and empowering (you can contact your Reps and Senators easily) :
https://secure.aclu.org/site/Advocacy?pagename=homepage&id=221&page=UserAction&s_src=blog
Posted by: political prose | June 03, 2005 at 01:09 PM