House limits Patriot Act rules on library records

[zakur]

Story

WASHINGTON (AP) -- Advocates of rewriting the USA Patriot Act are claiming momentum after the House, despite a White House veto threat, voted to restrict investigators from using the anti-terrorism law to peek at library records and bookstore sales slips.

Wednesday's 238-187 vote came as lawmakers ramped up efforts to extend the Patriot Act, which was passed quickly in the emotional aftermath of the September 11, 2001, terrorist attacks. When Congress passed the law, it included a sunset provision under which 15 of its provisions are to expire at the end of this year.

 

[Ed]

Story [/B]

Trivial. Government could always get these records. The more trobulesome stuff revolves around gag orders on objects of investigation and the elimination of judicial review of supenas. This is just misdirection.

 

[zakur]

Re: Re: House limits Patriot Act rules on library records

Trivial. Government could always get these records. The more trobulesome stuff revolves around gag orders on objects of investigation and the elimination of judicial review of supenas. This is just misdirection.

As I understand it, the House vetoed to ban (repeal?) the entirety of section 215, which includes the provisions on gag orders and subpoenas "rubber stamped" by FIA judges.

 

[aerocontrols]

As I understand it, the House vetoed to ban (repeal?) the entirety of section 215, which includes the provisions on gag orders and subpoenas "rubber stamped" by FIA judges.

Did it?

 

[zakur]

Did it?

Good question. The text of the amendment from THOMAS:

H.AMDT.280 (A033)
Amends: H.R.2862

Sponsor: Rep Sanders, Bernard [VT] (offered 6/15/2005)
AMENDMENT PURPOSE:
An amendment numbered 15 printed in the Congressional Record to prohibit funds in the bill from being used to implement provisions of Section 215 of the USA PATRIOT Act which permits searches of library circulation records, library patron lists, book sales records, or book customer lists under the Foreign Intelligence Surveillance Act (FISA).

STATUS:

6/15/2005 3:31pm:
Amendment (A033) offered by Mr. Sanders.
6/15/2005 5:52pm:
On agreeing to the Sanders amendment (A033) Agreed to by recorded vote: 238 - 187 (Roll no. 258)

So are we back to the old rules where if the government wants (library or bookstore) records they need a grand jury subpoena, which will not be secret and will be contestable in court?

 

[aerocontrols]

Good question. The text of the amendment from THOMAS:So are we back to the old rules where if the government wants (library or bookstore) records they need a grand jury subpoena, which will not be secret and will be contestable in court?

I'm sorry but it looks like they've defunded the use of 215 to seek certain library and bookstore records, not that they've stricken 215.

For instance, 215 can still be used to seek bank records, internet records (including internet use at libraries and book stores), employment records, credit card records, etc.


It appears to me that all third parties can still be compelled to turn over records under 215 with the exception of book stores and libraries in the limited circumstances mentioned.

Seems a far cry from repealing the entirety of 215.

 

[zakur]

I'm sorry but it looks like they've defunded the use of 215 to seek certain library and bookstore records, not that they've stricken 215.

I concur.

 

[zakur]

Nevermind. (Link)

House and Senate negotiators reached a tentative agreement yesterday on revisions to the USA Patriot Act that would limit some of the government's powers while requiring the Justice Department to provide a better accounting of its secret requests for information on ordinary citizens.

But the agreement would leave intact some of the most controversial provisions of the anti-terrorism law, such as government access to library and bookstore records in terrorism probes, and would extend only limited new rights to the targets of such searches.

[...]

While the government would retain access to library, bookstore and business records, the FBI would face new limits on the retention and dissemination of such information.

The compromise also places new controls on the FBI's use of "national security letters," which require companies to provide private information about their customers and to keep the request secret. The Patriot Act allowed the FBI to use such letters on any citizen it deemed relevant to a national security investigation, even if the target is not suspected of any wrong-doing.