Saturday, August 27, 2005

Post-Constitutional Amerikkka

ACLU CLAIMS FBI IS SPYING THROUGH LIBRARIES

The American Civil Liberties Union says that the FBI has used a controversial Patriot Act power to demand records from an organization that possesses "a wide array of sensitive information about library patrons, including information about the reading materials borrowed by library patrons and about Internet usage by library patrons." The FBI demand was disclosed in a new lawsuit filed in Connecticut, which remains under a heavy FBI gag order.

The ACLU is seeking an emergency court order to lift the gag so that its client can participate in the public debate about the Patriot Act as Congress prepares to reauthorize or amend it in September.

"Our client wants to tell the American public about the dangers of allowing the FBI to demand library records without court approval," said ACLU Associate Legal Director Ann Beeson, the lead lawyer in the case. "If our client could speak, he could explain why Congress should adopt additional safeguards that would limit Patriot Act powers."

Papers reveal that the client, whose identity must remain a secret under the gag, "strictly guards the confidentiality and privacy of its library and Internet records." The client is a member of the American Library Association.

The lawsuit challenges the National Security Letter provision of the Patriot Act, which authorizes the FBI to demand a range of personal records without court approval, such as the identity of a person who has visited a particular Web site on a library computer, or who has engaged in anonymous speech on the Internet. The Patriot Act dramatically expands the NSL power by permitting the FBI to demand records of people who are not suspected of any wrongdoing.

The government has repeatedly dismissed the concerns of librarians that the act could force them to violate their ethical responsibility to protect the privacy of library users. Former Attorney General John Ashcroft even called these concerns about the Patriot Act "baseless hysteria."

REDACTED VERSION OF THE ACLU'S COMPLAINT
http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=18956

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