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-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] On Behalf Of Wendy Clark
Sent: Monday, June 02, 2003 8:28 AM
To: Syscon-Tx (E-mail)
Subject: FW: [ALA-WO:826] Senate Library and Bookseller Protection Bill
Introduced

FYI

-----Original Message-----
From: ALAWASH E-MAIL [mailto:[EMAIL PROTECTED]
Sent: Wednesday, May 28, 2003 12:43 PM
To: ALA Washington Office Newsline
Subject: [ALA-WO:826] Senate Library and Bookseller Protection Bill
Introduced


ALAWON: American Library Association Washington Office Newsline
Volume 12, Number 46
May 28, 2003

In This Issue: Senate Library and Bookseller Protection Bill
Introduced

Senate cosponsors are being sought for S. 1158, the "Library and
Bookseller Protection Act."  On Friday, May 23rd, Senator Barbara Boxer
(D-CA) introduced S.1158 to ensure that libraries and bookstores are
subjected only to the regular system of court-ordered warrants.  S. 1158
has some similarities to H.R. 1157 in the House, the Freedom to Read
Protection Act of 2003.  

S. 1158 would:

1) exempt bookstores and libraries from FISA court orders (Section 215
of the USA PATRIOT Act] requiring the production of tangible things for
foreign intelligence investigations; and
 
2) exempt libraries from being considered "wire or electronic
communication service providers" under Section 2709 of Title 18 of the
US Code, which provides for counterintelligence access to certain
records. 

Section 2709 of Title 18 of the US Code relates to the "National
Security letters", a legal tool that has been increasingly used by law
enforcement to obtain many kinds of records from a broad range of
organizations. These are a type of administrative letter requesting
information for an investigation. The FBI can issue these "letters"
internally, without going to any judge. The FBI has indicated to
Congress that is is more likely to use its authority under Title 18,
Section 2709 to get at the electronic transactional records that a
library may have (e.g., e-mail, Web usage) than its authority under
Section 215 of the USA PATRIOT Act.   Section 215 is the business
records provisions that covers intelligence investigations related to
library records.

Though there are no co-sponsors to date, library advocates are
encouraged to ask their respective U.S. Senators to contact Sen. Boxer's
office about cosponsoring H.R. 1158.  The bill has been referred to the
Senate Judiciary Committee.

For further information, contact Lynne Bradley or Patrice McDermott at
the ALA Office of Government Relations at 800-941-8478.



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ALA Washington Office, 1301 Pennsylvania Ave., N.W., Suite 403,
Washington, D.C. 20004-1701; phone: 202.628.8410 or 800.941.8478
toll-free; fax: 202.628.8419; e-mail: [EMAIL PROTECTED]; Web site:
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Office of Government Relations: Lynne Bradley, Director; Camille Bowman,
Mary Costabile, Don Essex, Patrice McDermott and Miriam Nisbet. Office
for Information Technology Policy: Rick Weingarten, Director; Jennifer
Hendrix, Carrie Russell, Claudette Tennant. ALAWON Editor: Bernadette
Murphy.



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