[OPLINLIST] FW: [ALACOUN:12104] [LEGNET:375] [ALAWON] - Contact Congress about National Security Letters

[Kent Oliver]

FYI, Kent

ALAWON: American Library Association Washington Office Newsline Volume
13, Number 34, May 24, 2004

In This Issue: Action Needed: Please contact your Senators

We are requesting that you contact your Senators, especially those=20
on the Senate Select Committee on Intelligence, to oppose a=20
proposed move to attach HR 3179 to the FY 2005 Intelligence=20
Authorization bill (S 2386).

According to a report published on May 21, House and Senate GOP=20
aides say that Judiciary Chairman F. James Sensenbrenner Jr.,=20
(R-WI) and Intelligence Chairman Porter J. Goss (R-FL), are eyeing=20
the fiscal 2005 intelligence authorization bill (S 2386) as a=20
vehicle for a proposal - HR 3179 - that would make it a crime to=20
disclose requests for information in national security letters,=20
which government officials can use to solicit customer records and=20
other information from libraries, Internet service providers and=20
other businesses. It would also allow the FBI to get a judge to=20
enforce an NSL, even though no judge is involved
in the issuance of the letter.

The Sensenbrenner-Goss bill would make any knowing disclosure a=20
misdemeanor punishable by up to a year in prison. Anyone who=20
revealed a national security letter's request with the intention of=20
obstructing an investigation could face five years in prison.

Recipients of national security letters generally are barred from=20
revealing that they received them, though administration officials=20
have said recipients can confer with lawyers. Under current law,=20
there is no penalty for violating the anti-disclosure rule, nor=20
does the government have means to enforce its requests. At a=20
hearing on the bill last week Thomas J. Harrington, deputy=20
assistant director of the counterterrorism division of the FBI,=20
revealed that, in at least one instance, the government has been=20
unable to force an e-mail provider to comply with a request in a=20
national security letter.

ALA does not believe that the government needs to further=20
strengthen the already extraordinary authority it has been given=20
under PATRIOT and its progeny to acquire confidential records.  An=20
ordinary search warrant or grand jury subpoena can be used in the=20
investigation of any crime, including alleged terrorism. Adding=20
judicial enforcement and criminal sanctions to an administrative=20
process  - which itself is not subject to judicial approval in the=20
first instance or to legal challenge by the recipient - is=20
inconsistent with our longstanding values of justice and basic=20
fairness. The chilling effect of criminal sanctions applied to=20
speech cannot be overstated.

Please go to ALA's Legislative Action Center at  for further=20
information and to send letters to your Senators.

The members of the Senate Select Committee on Intelligence are:

Republicans:
Roberts, Pat (KS) , Chairman
Hatch, Orrin (UT)
DeWine, Mike (OH)
Bond, Christopher (MO)
Lott, Trent (MS)
Snowe, Olympia (ME)
Hagel, Chuck (NE)
Chambliss, Saxby (GA)
Warner, John (VA)

Democrats:
Rockefeller, John (WV), Vice Chairman
Levin, Carl (MI)
Feinstein, Dianne (CA)
Wyden, Ron (OR)
Durbin, Richard (IL)
Bayh, Evan (IN)
Edwards, John (NC)
Mikulski, Barbara (MD)


******
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ALA Washington Office, 1301 Pennsylvania Ave., N.W., Suite 403,=20
Washington, D.C. 20004-1701; phone: 202.628.8410 or 800.941.8478=20
toll-free; fax: 202.628.8419; e-mail: alawash@alawash.org; Web=20
site: http://www.ala.org/washoff.  Executive Director: Emily=20
Sheketoff. Office of Government Relations: Lynne Bradley, Director;=20
Carol Ashworth, Camille Bowman, Don Essex, Joshua Farrelman,=20
Patrice McDermott and Miriam Nisbet. Office for Information=20
Technology Policy: Rick Weingarten, Director; Carrie Lowe, Kathy=20
Mitchell, Carrie Russell. ALAWON Editor: Bernadette Murphy.


Larry Romans
Head, Govt. Info. Services
Political Science Bibliographer
Central Library, Vanderbilt Univ.
Nashville, TN 37240
(615) 322-2838; fax (615) 343-7451
larry.romans@vanderbilt.edu (work)
larry.romans@comcast.net (home)