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FYI: for those of you interested in the PATRIOT Act and its implications for libraries.... >X-Sieve: CMU Sieve 2.2 >X-Mailer: Novell GroupWise Internet Agent 6.5.4 >Date: Mon, 25 Jul 2005 14:15:25 -0400 >From: "ALAWASH E-MAIL" <[log in to unmask]> >To: ALA Washington Office Newsline <[log in to unmask]> >Subject: [ALA-WO:151] Contact Senators - urge support of S1389 >Sender: [log in to unmask] > >ALAWON: American Library Association Washington Office Newsline >Volume 14, Number 71 >July 25, 2005 > >In This Issue: Contact your Senators and Urge them to support >additional changes to S 1389 (USA PATRIOT Improvement and >Reauthorization Act) that would protect patron privacy. > >Background: >On July 21, 2005 the Senate Judiciary Committtee approved S. 1389. >The bill was passed unanimously by the Committee that morning. >There is some possibility that the bill may be considered by >Congress this week before the August recess. We will alert you if >we learn it is going to the Floor this week. > >Action Needed: >Call your Senators and urge them to support additional changes to >S. 1389 that will further ensure the privacy of library patrons' > >If the bill does not go to the Floor this week, during the >August recess visit your district office and approach your >Senators at any public event to urge them to support privacy >for library patron records. > >Write a letter or opinion piece to your local newspaper >describing the changes that need to be made to S. 1389 to >strengthen the protection of library patron privacy. > > > Talking Points: > >Sunset provisions ensure that the area covered by those >provisions are forced onto the congressional agenda and >ensure the frequent review required to safeguard civil >liberties. Therefore we urge Congress to oppose any effort to >lengthen the 4 -year sunset provision currently in the >legislation. > >We support section 7 which raises the standard for Section >215 orders beyond that currently in the USA PATRIOT Act. >Section 7 requires: > > >1. A factual basis for a request to the FISA Court >that shows the records sought pertain to a foreign power >or agent of a foreign power (spy or terrorist); are >relevant to the activities of a suspected agent of a >foreign power who is the subject of an authorized >investigation; or pertain to an individual in contact >with, or known to, a suspected agent of a foreign power. >The records must be described "with sufficient >particularity to permit them to be fairly defined." The >bill requires the Director or Deputy Director of the FBI >to give prior written approval to a FISA Court request >for library circulation records and library patron >lists. > >2. Grants recipients of the FISA order the right to >consult an attorney and to disclose the order to "any >person necessary to produce the tangible things" > >3. Grants recipients of Section 215 orders the >right to challenge them and their gag orders in the FISA >Court by filing a petition. This provision is not >everything we would want: the only grounds for setting >aside or modifying the order would be its "lawfulness." > > >4. Provides for unclassified reporting on the use >of Section 215 orders including the number of requests >for orders, the number of orders granted, and when the >application or order involved the production of tangible >things from a library. > >We support strengthening the basis for setting aside the Section >215 orders (e.g. scope) and their gag orders. We support >strengthening the grounds for issuance of a Section 215 order to >say that the FBI is required to show reason to believe that the >person whose record are sought is a foreign power or agent of a >foreign power. > > >Finally, we are very concerned about the use of National >Security Letters. Section 8 of this bill would give >recipients the right to challenge the gag order in an >appropriate U.S. District Court. However, there is still no >"reason to believe" standard for the issuance of these orders >- the FBI can issue them internally and does not even need to >demonstrate that the person who is the subject of the Letter >is "a foreign power or agent of a foreign power." We support >strengthening the standard for issuance. > >****** >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 [log in to unmask] or go to >http://www.ala.org/washoff/alawon. To unsubscribe to ALAWON, send >the message: unsubscribe ala-wo to [log in to unmask] 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. <><><><><><><><><><><><><><><><><><><><><> D. Vanessa Kam Associate Art Librarian Art and Architecture Library Cummings Art Building, Main Floor Stanford University Stanford, CA 94305-2018 (650) 725-1038 __________________________________________________________________ Mail submissions to [log in to unmask] For information about joining ARLIS/NA see: http://www.arlisna.org/join.html Send administrative matters (file requests, subscription requests, etc) to [log in to unmask] ARLIS-L Archives and subscription maintenance: http://lsv.uky.edu/archives/arlis-l.html Questions may be addressed to list owner (Kerri Scannell) at: [log in to unmask]