The Freedom To Read Protection Act

Rep. Bernie Sanders (I-Vermont) has introduced The Freedom to Read Protection Act. It will reverse parts of the Patriot Act, as it pertains to libraries and bookstores. I had heard that the Patriot Act allowed unprecedented access to library and bookstore records, but didn't realize the feds have already exploited the opportunity.

I saw Rep. Sanders on CSpan2 BookTV last night introducing his legislation. A google news search turned up one link to this, so it isn't getting much publicity, yet anyway. E-mail or call your members of Congress if you think the passage of this legislation is important. There is one Republican who is co-sponsoring the bill, and more expected in the next few weeks. Below are portions of articles from Rep. Sanders website.

Published on 3/7/2003 in the National Journal

Legislation Would Change Rules on Access to Library Records
by Drew Clark

"The drive to reverse parts of the 2001 anti-terrorism law known as the USA PATRIOT Act began on Thursday, with Rep. Bernard Sanders filing a bill designed to shield libraries from revealing their patrons' records without evidence of criminal activity.

Sanders, I-Vt., said his bill would protect library patrons' freedom to read without fear that their records would be relinquished to the government. Under a provision in the current law, libraries and other business can be compelled to give the personal records to the FBI if law enforcement officials say they are relevant to an international terrorism investigation. Although excised from the House anti-terrorism bill by bipartisan agreement, the language remained in the Senate version that ultimately became law. The provision freed the FBI from having to demonstrate probable cause of criminal activity or of an individual's connection to a foreign power before getting the library records.

"This legislation will protect libraries, bookstores and their patrons from unjustified government surveillance into what books Americans are reading or buying and what Web sites they may be visiting when using a library computer," Sanders said in a press conference. "The threat of terrorism must not be used as an excuse by the government to intrude upon our basic constitutional rights."

Democratic Reps. Sheila Jackson-Lee of Texas, Raul Grijalva of Arizona and Peter DeFazio of Oregon joined Sanders at the press conference. Texas Rep. Ron Paul is the only Republican among the 23 co-sponsors of the bill, but Sanders said he expects more.

"This is an issue, from a political perspective, where you will see some very strange bedfellows," he said.

The measure also would eliminate a provision that the American Library Association (ALA) has found odious. It prevents libraries from telling the patrons in question that they have provided records to the police. The bill also would mandate semi-annual reports from the Justice Department about the total number of orders made and granted under the section, and that provision would remain in effect for businesses that are not libraries and bookstores."

parts of Statement of Congressman Sanders 3/6/2003 re: FRPA


"Good afternoon, and thank you for joining us here today to announce the introduction of the Freedom to Read Protection Act - legislation which will protect, libraries, bookstores and their patrons from unjustified government surveillance into what books Americans are reading and buying, and what websites they may be visiting when using a library computer. . .

The tri-partisan legislation we are introducing today - called the Freedom to Read Protection Act - would protect the privacy and First Amendment rights of American citizens against unnecessary government intrusion. Specifically, this legislation will exempt libraries and bookstores from Section 215 of the so-called "Patriot Act." The Freedom to Read Protection Act is being introduced by 24 members of Congress including Republican Ron Paul of Texas, and Congressman John Conyers, the Ranking Member of the House Judiciary Committee . . .

. . .Section 215 does not just apply to terrorists or even foreigners or agents of foreign powers. Under Section 215 of the Patriot Act, the person whose records are being searched by the FBI can be anyone. The FBI doesn't even have to say that it believes the person is involved in criminal activity or that the person is connected to a foreign power.

Even more frightening, the FBI can investigate American citizens based in part on an American's exercise of his or her First Amendment Rights, such as writing a letter to the editor of a newspaper or reading books the government may not approve of.

And the traditional legal protections, that have been embodied in our Constitution for hundreds of years, no longer apply. The government can gain access to our reading records through the secret FISA court which was created by the Foreign Intelligence Surveillance Act in 1978 and which is off limits to the public. There's no way to know how many times the FBI has spied on library or bookseller records or whose records they have reviewed.

In fact, Section 215 prevents librarians and booksellers from telling their customers that their privacy has been violated. Who would have thought that in 21st Century America, the government could gain access to library circulation records and bookseller customer records with no evidence that the person whose records they are getting is involved in any wrongdoing, that all of this would be handled through a secret government court, and that the librarians and booksellers would be compelled by the law not to let anyone know that the government had swooped in to get their records?

For many people who can not afford to buy books or have the Internet at home the library is critical to their ability to access to information. Many librarians and booksellers now fear that patrons have begun to self-censor their library use and book purchases due to fears of government surveillance. We need to remove libraries and booksellers from Section 215 so that Americans know their freedom to access information won't be improperly scrutinized by federal agents.

Let us be clear. The FBI would still be able to gain access to library or bookseller records as part of an investigation into illegal activity. All our bill does is restore the traditional protections that Americans expect and deserve. If the FBI has probable cause to believe that information in a library or bookseller's records or computers is connected to an ongoing criminal investigation or terrorism investigation, they can go to court and get a search warrant."