Judge Rules in Favor of Library Fighting FBI Subpoena

A federal judge has lifted a gag order that prevented a Connecticut library from revealing that the FBI is trying to obtain the records of one of its customers. The judge ruled on Friday, September 9, that the gag ordered violated the librarian's First Amendment right to participate in the current debate over the reauthorization of the USA Patriot Act and did not pose a danger of exposing the FBI's counter-terrorism investigation. However, Judge Janet Hall has temporarily stayed her order, allowing the government to appeal.

The Connecticut library case came to light in August when the American Civil Liberties Union challenged a National Security Letter (NSL) that had been issued to obtain the records of a patron's use of the Internet during a visit to the library. The Patriot Act expanded the use of NSLs, which allow the FBI to obtain the names of Internet users, as well as records showing what websites they have visited.

The Campaign for Reader Privacy (CRP), which represents booksellers, librarians, publishers, and writers, issued a press release last week pointing out that the Connecticut case underscores the importance of restoring safeguards for reader privacy that were eliminated by the Patriot Act. The sponsors of CRP are the American Booksellers Association, the American Library Association, the Association of American Publishers, and PEN American Center.

"The Connecticut case proves that despite the claims that the Patriot Act will rarely if ever be used to search reader records, the FBI is prepared to exercise its extraordinary power whenever it believes it is necessary," ALA President Michael Gorman said. "When that happens, it is critical that we have safeguards in place to ensure that this power is not abused."

According to CRP, the Connecticut case underlines the importance of adopting safeguards unanimously approved by the Senate in S.1389, a bill reauthorizing expiring sections of the Patriot Act. A conference committee will meet later this month to reconcile S. 1389 with a House bill that does not contain the safeguards in the Senate bill.

If S.1389 is signed into law, booksellers, librarians, and others would be allowed to challenge orders to turn over sensitive records issued under Sections 215 and 505 of the Patriot Act. (Section 215 covers records of books borrowed or sold in bookstores and libraries; Section 505, which authorizes the issuance of National Security Letters, relates to the Internet records of bookstores and libraries.) In addition, booksellers, librarians, and others would be able to challenge gag orders issued under Section 505. S. 1389 also limits the issuance of Section 215 orders to persons suspected of terrorism and people who are in contact with them. The House version of the Patriot Act reauthorization bill has less stringent safeguards against misuse of the subpoena powers granted by the Patriot Act.

CRP is urging its supporters to contact the Senate conferees to urge them to push for S. 1389. They are Arlen Specter (R-PA), Pat Roberts (R-KS), Jeff Sessions (R-AL), Michael DeWine (R-OH), Jon Kyl (R-AZ), Orrin Hatch (R-UT), Patrick Leahy (D-VT), Edward Kennedy (D-MA), Jay Rockefeller (D-WV), and Carl Levin (D-MI). The House conferees have not been chosen yet.

To read a related article in this week's BTW, click here.