'Gagged' Librarian Speaks; CRP Calls for Restoration of Reader Privacy

On Wednesday, April 11, following revealing testimony from a Connecticut librarian who successfully challenged an FBI National Security Letter (NSL), the Campaign for Reader Privacy (CRP) -- the American Booksellers Association, the American Library Association, the Association of American Publishers, and PEN American Center -- called on Congress today to restore the safeguards for reader privacy that were eliminated by the USA Patriot Act.

George Christian, the executive director of a library consortium, Library Connection, was one of four Library Connection librarians who received an NSL in 2005 demanding the Internet records of their patrons. They joined the American Civil Liberties Union (ACLU) in filing a legal challenge to the NSL. However, the NSL was accompanied by a gag order so restrictive that they could neither reveal it had been received, nor be seen together in public with their attorney, and they had to file the legal challenge as "John Doe."

A federal judge ordered the gag lifted to permit the librarians to participate in the debate over the reauthorization of the Patriot Act, but it remained in place pending the Justice Department's appeal. The government withdrew the NSL and the gag order last year, but not until after Congress had reauthorized the Patriot Act.

"Booksellers everywhere join in celebrating the ungagging of George Christian and his brave colleagues at Library Connection who protected the privacy of their patrons reading records by challenging the NSL," Oren Teicher, ABA COO, said.

Christian, testifying before the Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Property, said, "Our saga should raise a big, patriotic American flag of caution about how our civil liberties are being sorely tested by law enforcement abuses of National Security Letters. The questions raised vindicate the concerns that the library community and others have had for over five years about the broad powers expanded under the USA Patriot Act.... We believe changes can be made that conform to the rule of law, do not sacrifice law enforcement's abilities to pursue terrorists, yet maintain civil liberties guaranteed by the U.S. Constitution."

Leaders of CRP praised Senator Russ Feingold (D-WI), Chairman of the Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Property Rights, for scheduling the hearings following recent revelations about the FBI's misuse of the NSL authority and for inviting Christian to testify. "Senator Feingold is a champion of constitutional rights and has understood the dangers of the Patriot Act from its inception, and we applaud his continuing efforts to improve the law to make sure our liberties are protected," Emily Sheketoff, executive director of the Washington office of ALA, said.

Pat Schroeder, president of the Association of American Publishers, said: "Thanks to the personal and professional courage of four Connecticut librarians, Congress and the American people now understand what it's like to live under an NSL gag order -- to literally have your right to free speech taken away. Finally, George Christian has been able to tell Congress their story. Now it's time for the 110th Congress to do what the 109th failed to do: restore reader privacy protections and civil liberties safeguards to the Patriot Act."

CRP was organized in 2004 to fight for changes in the Patriot Act. Sections 215 and 505 of the Patriot Act authorize the FBI to obtain records of people who are not suspected of criminal conduct, including the records of the books they have purchased or borrowed from bookstores and libraries as well as the Internet records of library patrons.