Feingold, Durbin, Others Introduce Bill To Reform Patriot Act

ALA applauds introduction of bill

Norman Oder -- Library Journal, 9/17/2009

Response to administration's position
Would revise NSLs and Section 215
Patriot Act must be revised/renewed by end of year

Shortly after the Obama Administration announced its general support for renewing three sections of the USA PATRIOT Act, U.S. Senators Russ Feingold (D-WI), Dick Durbin (D-IL), and six others today introduced the Judicious Use of Surveillance Tools In Counterterrorism Efforts (JUSTICE) Act.

It's aimed to "reform the USA PATRIOT Act, the FISA Amendments Act and other surveillance authorities to protect Americans’ constitutional rights, while preserving the powers of our government to fight terrorism," according to Feingold's office.

Relevant changes
Regarding National Security Letters (NSLs), which have been used to seek information from libraries (notably the "John Does" in Connecticut), the bill would allow the FBI to obtain basic information without a court order, “but also adds reasonable safeguards to ensure NSLs are only used to obtain records of people who have some connection to terrorism or espionage, and to provide meaningful, constitutionally sound judicial review of NSLs and associated gag orders.”

The bill would reauthorize the use of Section 215 business records orders under FISA [Foreign Intelligence Surveillance Act], “but with additional checks and balances to ensure these orders are only used to obtain records of people who have some connection to terrorism or espionage, and to provide meaningful, constitutionally sound judicial review of Section 215 orders and associated gag orders.”

ALA response
Libraries and booksellers have sought an exception to Section 215 and the American Library Association (ALA) today saluted the JUSTICE Act, noting it would provide judicial review of Section 215 orders.

“Three key sections of the PATRIOT Act are set to expire at the end of the year, and we are pleased to see Sens. Feingold and Durbin as well as Sens. Tester, Udall, Bingaman, Sanders, Akaka and Wyden take this opportunity to conduct a comprehensive review of these surveillance tools,” ALA President Camila Alire said.

“We believe that our nation must return to the rule of law, and we welcome this legislation, which addresses provisions of the PATRIOT Act that we believe erode the public’s civil liberties," she said. "This bill would restore the balance between the needs of law enforcement and our privacy rights."

Contact the author: noder@reedbusiness.com

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