ALAWON: American Library Association Washington Office Newsline Volume 14, Number 54 May 19, 2005 In This Issue: Demand Openness on PATRIOT Act Expansion The Senate Select Intelligence Committee markup on the reauthorization of the PATRIOT Act and broad expansion of administrative subpoena powers scheduled for today (19 May) has been postponed (due in part to the filibuster debate). It is being rescheduled, again as a closed meeting, for next Thursday, 26 May. Please write or call your Senators and urge them to demand that the Senate Select Intelligence Committee hold a PUBLIC hearing before a PUBLIC business meeting to consider reauthorization -- and, particularly, expansion -- of the USA PATRIOT Act. If your senator is on the Intelligence Committee, please let her or him know that you want this important work conducted in public, with an open hearing on the proposed legislation and an open business meeting to consider it. http://capwiz.com/ala/issues/ As we understand it, the Senate Intelligence Committee's proposed legislation would : · Make permanent PATRIOT Act powers without safeguards. The bill makes all expiring provisions permanent, with one exception (section 223). · Expand the use of "administrative subpoenas," eliminating prior court review of FBI library and other private records demands for intelligence gathering purposes. The bill, thus, creates a new power for the FBI to obtain library and other private records without even the review of the Foreign Intelligence Surveillance Court. The new records power could be used to obtain all tangible things, including library records, business records, medical records, etc. The new power would make any modifications to section 215 less meaningful since the government can simply use the new power instead. · Not provide adequate safeguards to protect library and other private records. While the bill would (1) allow a recipient of a FISA records search order (Patriot Act section 215) to consult with an attorney or other person necessary to comply with the request, and (2) make the standard for issuing an order explicitly made "relevant to" rather than "sought for," the bill offers no explicit right to challenge the records search order, or to challenge the gag order, even though multiple witnesses from the Department of Justice have stated that they would agree to such amendments. · Apparently strike an existing First Amendment safeguard for records search powers. Under section 215 of the Patriot Act, where an application for records is made under FISA, there is an express proviso 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." This safeguard is inadequate, but DOJ has pointed to it on countless occasions in defense of the Patriot Act. For further detail, please go to http://www.ala.org/ala/washoff/WOissues/civilliberties/privacy/privacyrelated.htm ****** ALAWON (ISSN 1069-7799) is a free, irregular publication of the American Library Association Washington Office. All materials subject to copyright by the American Library Association may be reprinted or redistributed for noncommercial purposes with appropriate credits. To subscribe to ALAWON, send the message: subscribe ala-wo [your_firstname] [your_lastname] to listproc@ala.org or go to http://www.ala.org/washoff/alawon. To unsubscribe to ALAWON, send the message: unsubscribe ala-wo to listproc@ala.org. ALAWON archives at http://www.ala.org/washoff/alawon. ALA Washington Office, 1301 Pennsylvania Ave., N.W., Suite 403, Washington, D.C. 20004-1701; phone: 202.628.8410 or 800.941.8478 toll-free; fax: 202.628.8419; Web site: http://www.ala.org/washoff. Executive Director: Emily Sheketoff. Office of Government Relations: Lynne Bradley, Director; Don Essex, Joshua Farrelman, Erin Haggerty, Patrice McDermott and Miriam Nisbet. Office for Information Technology Policy: Rick Weingarten, Director; Carrie Lowe, Kathy Mitchell, Carrie Russell. ALAWON Editor: Bernadette Murphy.