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The Patriot Act and Library Records

by TChris

The Bush administration assures us that it hasn't abused the powers conferred by the Patriot Act, including those that allow the government to review library records. At the same time, it's trying to prevent a nonprofit library organization from revealing its identity as the recipient of an FBI request for its patron information. Assisted by the ACLU, the organization won the first round of its battle to tell the public what the FBI is doing.

Judge Janet C. Hall ... found that the government fell short in meeting the heavy burden of proof needed to argue that national security interests warrant ignoring the organization's First Amendment right to free speech.

A footnote to the decision reveals that the FBI has demanded library records many times. The administration's position has always been, "don't worry, we really don't use that Patriot Act power." A Connecticut library organization hopes to tell the country that the FBI is, indeed, poking into the reading habits of its patrons. Judge Hall correctly concluded that the organization has an interest in publicly identifying itself as the recipient of the FBI's demand for records.

In siding with the organization, Judge Hall said she was convinced that it had unique firsthand experience about the Patriot Act that it ought to be able to share publicly and would have greater authority in the debate if it spoke for itself, rather than had others speak for it. She stated that its "speech would be made more powerful by its ability to put a 'face' " on the debate and by the public's awareness that the speaker was known to have received a request for library records under the antiterrorism law.

She wrote that "the statute has the practical effect of silencing those who have the most intimate knowledge of the statute's effect and a strong interest in advocating against the federal government's broad investigative powers." It creates a situation where "the very people who might have information regarding investigative abuses and overreaching are peremptorily prevented from sharing that information with the public."

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    Re: The Patriot Act and Library Records (none / 0) (#1)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:03:36 PM EST
    I have never liked the Patriot Act, and I think it is the one issue that can bring the extremes (left and right) close enough to the center to start being able to discuss issues, instead of yell at each other about them. Whether you are on the right, as I am, or on the left as so many others are, this is a bad law. If you love liberty, you have to hate this overreaching invasion of our rights.

    Re: The Patriot Act and Library Records (none / 0) (#2)
    by Aaron on Sat Dec 17, 2005 at 01:03:36 PM EST
    Not to make everyone here paranoid but I can tell you without a doubt (especially considering that the site owner is a lawyer) that this locale is monitored by the FBI, and the names and IP addresses of everyone who visits this quote "left wing Internet web site" are collected and stored for "future examination" under provisions of the patriot act. So when the FBI shows up at your door to question you about your leftist activities remember these words. And for all you right-wingers who come here in the hopes of setting the lefties straight, the government makes no initial distinctions as to the content of your remarks. But don't fret, because undoubtedly you'll be given the chance prove your fidelity to the state... at some point... hopefully. Until that time we may all wind up sitting in some Idaho gulag together eating gruel and fighting over cigarettes, so watch your P and Q's.

    Re: The Patriot Act and Library Records (none / 0) (#3)
    by cpinva on Sat Dec 17, 2005 at 01:03:36 PM EST
    perhaps we'll have the opportunity to meet jose' padilla, in person, as we too are identified by the current administration as "national security risks", and locked up forever, without trial. where the hell is franz kafka when you really need him?

    Re: The Patriot Act and Library Records (none / 0) (#4)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:03:37 PM EST
    HMosley: "If you love liberty, you have to hate this overreaching invasion of our rights." Gee, then the only thing YOU have to figure out is why your RIGHTWING POLITICIANS foisted it upon us. It's Bush's fault, in spades. But make sure you act like the coerced votes of the Dems are somehow the cause of this 'bad law.' Bad Law, Bad President, Bad Leaders of Congress. It's not a hard connection to make.

    Re: The Patriot Act and Library Records (none / 0) (#5)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:03:38 PM EST
    WHOA! Time out! PLEASE, go back to the Federal Register and check out who voted for this abomination called the U.S. P.A.T.R.I.O.T. Act. Right-wingers? I don't think so! Shillary voted for it! Kerry voted for it! Christ, EVEN KENNEDY voted for it. However, if by "right-wingers" you mean the overwhelming majority of the neutered Dem Party, then I stand corrected. And, while you're at it, check out who voted for this Invasion of Iraq. Now, compare the two lists of those Dems who voted AGAINST both measures. Will it surprise anyone to discover that the list contains one or two names? No, no, no, no: the Dems are as guilty (and gutless) as the Reps on these two pieces of filth.

    Re: The Patriot Act and Library Records (none / 0) (#6)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:03:40 PM EST
    Posted by Lavocat: "WHOA! Time out! PLEASE, go back to the Federal Register and check out who voted for this abomination called the U.S. P.A.T.R.I.O.T. Act." The bill was presented by the rightwing Republicans, and 9i1 did the rest. That's obvious -- except to you. "And, while you're at it, check out who voted for this Invasion of Iraq." 60% NAY in the House, 50% NAY in the Senate. "Now, compare the two lists of those Dems who voted AGAINST both measures." Now go and do some study on how our political system works. Representatives are part of a Congress. They are not standing on a street corner with a sign, like me. They have to adapt their actions to the REALITY of the US Congress. But you lot, you don't have any representatives, primarily because BEING PURE is so much more important to you. You want our representatives to make up and down SUICIDE votes -- but regrettably, the Tooth Fairy is not handing out quarters for children during this coup.

    Re: The Patriot Act and Library Records (none / 0) (#7)
    by squeaky on Sat Dec 17, 2005 at 01:03:40 PM EST
    cpinva-fittingly absurd. As he lay dying of tuberculosis, he begged his physician to administer an overdose of morphine to end his suffering. "Kill me," he said, "or else you are a murderer!" He found the exit. link