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CAUT Bulletin Archives
1996-2016

April 2003

Libraries & Bookstores Call for Amendments to U.S. Patriot Act

An alliance of organizations representing booksellers, librarians, academics and journalists, led by the American Booksellers Foundation for Free Expression welcomed the introduction in March of federal legislation that would remove a threat to the privacy of bookstore customers and library patrons created by the U.S. Patriot Act.

The Patriot Act amended the Foreign Intelligence Surveillance Act to give the FBI vastly expanded authority to search the records of any American, including bookstore and library records.

"While booksellers strongly support efforts to fight terrorism, the Patriot Act gives federal authorities virtually unchecked authority to search our customers' records and raises concern that government is monitoring what people are reading," ABFFE president Chris Finan said. "The Freedom to Read Protection Act will restore faith in the confidentiality of these records without harming national security."

The American Library Association said the Patriot Act is increasing "the likelihood that the activities of library users, including their use of computers to browse the Internet or access e-mail, may be under government surveillance without their knowledge or consent."

Certain provisions of the Patriot Act allow law enforcement officials to obtain lists of books borrowed, secretly monitor electronic communication and prohibit library staff from alerting anyone about what is happening.

The ALA said that, in a library, "the subject of users' interests should not be examined or scrutinized by others." The reality is certain sections of the Patriot Act are a danger to the constitutional rights and privacy rights of library users.

The American Association of University Professors wants the Patriot Act amended and says the freedom to read is fundamental to academic freedom.

"Our members have expressed concerns about the chilling effect of certain provisions of the Patriot Act," said AAUP director of government relations Mark Smith. "The unrestricted power to examine private reading lists of library and bookstore patrons is a particularly egregious example."

The Freedom to Read Protection Act, if enacted by Congress, would return the standards for the FBI to obtain FISA court orders and warrants to investigate library patrons and bookstore customers to the pre-Patriot Act standards.