ALA Criticizes Patriot Act Compromise

-- Library Journal, 2/13/2006

Several Senate Republicans negotiated an agreement with the White House to reauthorize the USA PATRIOT Act before its March 10 expiration, but the American Library Association (ALA) and the American Civil Liberties Union, said the changes didn't go far enough. While the original Patriot Act included a gag order on recipients of subpoenas under Section 215, the Senate compromise crafted last year would have allowed recipients to challenge the gag order after 90 days. Now the time period would be a year, and the government could get the challenge dismissed by asserting concerns about national security or about diplomacy. Also, agents would no longer be able to use National Security Letters (NSLs), subpoenas that don't require court approval, to obtain electronic records from libraries that function "in their traditional capacity, including providing basic Internet access," according to a statement from several Senators. However, libraries and consortia that function as Internet Service Providers would remain subject to NSLs, said Emily Sheketoff, executive director of ALA's Washington Office. Recipients of NSLs also would no longer be required to reveal the identity of their lawyers to the FBI.

"I am gravely disappointed in this so-called deal," Sen. Russell Feingold (D-WI) told the Washington Post. "We are very disappointed," added Sheketoff, who noted that Sen. Richard Durbin (D-IL) told advocates that he agreed to the deal because he plans to continue to work on amendments to the Patriot Act. The Senate still may consider the SAFE Act, which could remedy some of the defects in the compromise. Meanwhile, the House of Representatives still must approve the compromise, which includes a four-year sunset clause, meaning that provisions would have to be reauthorized in four years.