[OPLINLIST] FW: [ALA-WO:226] ALA Opposes PATRIOT Compromise

[Kent Oliver]

FYI, Kent
 
 

Kent Oliver, Executive Director 
Stark County District Library 
715 Market Ave., N., Canton, OH 44702 
W: 330 458 2710 FAX: 330 455 9596 
KOliver at starklibrary.org <mailto:KOliver at starklibrary.org>  
"Restriction of free thought and free speech is the most dangerous of
all subversions. It is the one un-American act that could most easily
defeat us."--Supreme Court Justice William O. Douglas



-----Original Message-----
From: owner-ala-wo at ala.org [mailto:owner-ala-wo at ala.org] On Behalf Of
ALAWASH E-MAIL
Sent: Friday, February 10, 2006 3:08 PM
To: ALA Washington Office Newsline
Subject: [ALA-WO:226] ALA Opposes PATRIOT Compromise


ALAWON: American Library Association Washington Office Newsline
Volume 15, Number 15 
Date: February 10, 2006
 
In This Issue: The American Library Association Opposes USA PATRIOT Act
Compromise
 
On February 9th, four Republican Senators (John Sununu - NH. Lisa
Murkowski - AK, Chuck Hagel - NE, and Larry Craig - ID), who had joined
in the threat to filibuster the House Conference Report on the
Reauthorization of the USA PATRIOT Act, announced that they had
negotiated a compromise deal with the White House. According to informed
sources on the Hill, the White House and Republican leadership now will
be able to garner enough votes to ensure passage in the Senate.  It is
not yet certain where House Judiciary Committee chairman James
Sensenbrenner stands on these proposed changes.
 
ALA opposes the proposed compromise. It lacks necessary strengthening of
the standards (by requiring individualized suspicion) for obtaining a to
Section 215 order, and does not provide the recipient of a Section 215
court order meaningful opportunity to challenge the order or the
attached gag order in a court of law.
 
The proposed compromise includes these changes: 
 
* "Ability to challenge the gag order attached to a Section 215 order."
The possibility only is available after one year and the FISA judge may
only overturn the gag if the government does not certify and the judge
finds that there is no reason to believe that the disclosure "may
endanger the national security of the U.S., interfere with a criminal,
counterterrorism, or counterintelligence investigation, interfere with
diplomatic relations, or endanger the life of physical safety of any
person." The certification of the government to these possibilities is
to be taken as conclusive.
 
* Removal of the requirement that a recipient of an NSL inform the FBI
of the identity of an attorney to whom disclosure was made or will be
made to obtain legal advice or legal assistance with respect to the
order. The proposal still requires the recipient to, upon the request of
the Director of the FBI, identify anyone else to whom a disclosure is
made (or to whom the recipient is intending to disclose).
 
* Language asserting that libraries, when functioning in their
traditional roles - including providing Internet access, are not subject
to NSLs. However, the language states that libraries are subject if the
library "is providing the services defined under" Section 2510(15) of
title 18, which says " "electronic communication service" means any
service which provides to users thereof the ability to send or receive
wire or electronic communications." The FBI has repeatedly asserted that
all libraries that provide Internet access come under this definition.
So, it is very unclear whether this section as now written provides any
real protection to libraries.
 
ALA president, Michael Gorman, expressing concern about the lack of
protections in the compromise, said, "It hardly seems constitutional
that there is still no individualized suspicion requirement and that a
recipient of a subpoena must wait a full year to challenge a gag order.
We're glad to see that there is still a 4-year sunset provision for
Section 215, which will allow oversight again in four years, but
disappointed that the negotiators just did not go far enough."
 
"The fig leaf of the alleged remedy for library patrons is the change
which restricts the use of National Security Letters to obtain records
on traditional library services, including use of the Internet, but this
does not provide clear protection."
 
Executive Director of the Washington office, Emily Sheketoff said of the
compromise, "We appreciate the supporters from both sides of the aisle
who tried to properly balance the civil liberties concerns.
Unfortunately, the White House prevailed and the Senators who negotiated
this bill were unable to address the very real concerns in Section 215 -
the standard for its use and the ability to meaningfully challenge these
orders in a court of law."
 
ALA continues to call on Congress to pass the SAFE Act, which would help
cure many of the problems that are left unfixed in this new proposal.
 
Legislators have until March 10 to vote to reauthorize the USA PATRIOT
Act, but we anticipate that a vote in the Senate will occur soon.
 
For more information on the American Library Association's efforts to
amend Section 215 of the USA PATRIOT Act please visit <www.alawash.org >

 
******
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ALA Washington Office, 1615 New Hampshire Ave., N.W., First Floor,
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