posted on October 24, 2004 10:46:25 PM new
Remember how Ashcroft accused librarians of being "hysterical" for opposing certain sections of the Patriot Act? Well, it looks like we librarians were right...
Federal Bureau of Investigation documents indicate that the FBI sought to use Section 215 of the USA PATRIOT Act less than one month after Attorney General John Ashcroft told American Library Association (ALA) President Carla Hayden and the American public that this power had never been used. The records, turned over to the Freedom to Read Foundation (FTRF) and other First Amendment organizations, do not indicate how many times the FBI has invoked Section 215 since October 2003.
“These documents demonstrate there is no validity in the Department of Justice’s ongoing suggestions that librarians and other critics of PATRIOT Act provisions are ‘hysterical,’” Hayden said. “The guidance memo confirms the ALA’s understanding of the scope and nature of the business records authority granted by Section 215 and that the judicial review is of a lower legal standard than was previously provided in U.S. law.”
The records about the government’s use of the PATRIOT Act were obtained through a Freedom of Information Act (FOIA) request filed in October 2003 on behalf of the FTRF, the American Civil Liberties Union, the Electronic Privacy Information Center and the American Booksellers Foundation for Free Expression. Five documents were released, including a guidance memorandum on Business Records Orders and an e-mail that acknowledged that Section 215 can be used to obtain physical objects—including a person’s apartment key—in addition to records.
“From the latest documents we’ve received from the government, it appears that Attorney General Ashcroft released records when it suited his political purposes and then attempted to withhold them when it didn’t,” said Jameel Jaffer, an ACLU Staff Attorney. “The records we’ve obtained suggest once again that the government’s secrecy decisions are guided not by national security concerns but by political ones.”
Even after the requesters filed legal action in December 2003, the FBI attempted to stonewall the request for information, stating that the records could not be produced before June 2005. The United States District Court for the District of Columbia ultimately overturned the FBI’s decision to withhold the documents until 2005 and ordered the FBI to release the documents over a period of six weeks.
“A veil of secrecy has shrouded the Patriot Act for two and a half years. The fragments of information that we have managed to pry out of the Justice Department raise serious questions and provide few answers,” said David Sobel, General Counsel for the Electronic Privacy Information Center. “It is time for an open public debate on this controversial law.”
Among the other documents released by the FBI was an e-mail that acknowledges that Section 215 can be used to obtain physical objects, in addition to records. It states that the FBI could use Section 215 to obtain a person’s apartment key. The Attorney General previously acknowledged that Section 215 can be used to obtain computer files and even genetic information.
Another document released by the FBI was an internal FBI memo, dated October 29, 2003, acknowledging that Section 215 of the PATRIOT Act can be used to obtain information about innocent people. The memo contradicts the government’s assertion, made repeatedly on the public record, that Section 215 can be used only against suspected terrorists and spies.
The ACLU also sent one of the documents obtained through the FOIA request to the United States District Court for the Eastern District of Michigan, which is currently considering a constitutional challenge to Section 215 brought by the ACLU on behalf of a coalition of civil rights, religious, and immigration organizations. In October 2003, the government filed papers asking the Court to dismiss the challenge as “unripe” because the FBI had never applied for a Section 215 order.
“It is remarkable that the government never made any effort to inform the plaintiffs or even the Court that it has begun using Section 215,” said Ann Beeson, Associate Legal Director of the ACLU. To see electronic versions of the documents, go to www.aclu.org/SafeandFree/Safeand Free.cfm?ID=15327&c=262.
posted on October 25, 2004 06:43:44 AM newAmong the other documents released by the FBI was an e-mail that acknowledges that Section 215 can be used to obtain physical objects, in addition to records. It states that the FBI could use Section 215 to obtain a person’s apartment key. The Attorney General previously acknowledged that Section 215 can be used to obtain computer files and even genetic information.
And here Linda thought it was only going to apply to terrorists...
The public does have to fear this act.
There's an old saying in Tennessee — I know it's in Texas, probably in Tennessee — that says, fool me once, shame on — shame on you. Fool me — you can't get fooled again." —George W. Bush, Nashville, Tenn., Sept. 17, 2002
---------------------------------- "Give it up for George W. Bush, the best friend international jihad ever had."
posted on October 26, 2004 10:17:55 AM new
Again...how quickly they forget...or just choose to ignore....that kerry voted FOR the Patriot Act as written.
posted on October 26, 2004 11:07:51 AM new
Actually, the bill is not completed, linda. For example federal fingerprint databases still aren't merged, so terrorists and other violent criminals may be able to sneak into the country. Kerry wants to correct that.
In addition, CIA, FBI and other Agencies still arent sharing intelligence. Bush's solution is not working
The FBI's effort to consolidate all of the terrorist watch lists into a single database in only half complete....one year behind schedule.
Kerry wants to strengthen the Patriot Act to improve its effectiveness as an anti terrorism tool and to keep it from being used to violate civil liberties. Last December, Kerry detailed his plan to fix the Patriot Act during a speech in Iowa.
These corrections would keep 95 percent of the 140 provisions. The Patriot Act gave law enforcement some important new tools after 9/11 and Kerry believes we must keep over 95 percent of the provisions
Also needed is the ability to enhanse efforts to end money laundering. Kerry will expand efforts and the money laundering provisions he championed that are part of the Patriot Act. For example he will freeze assets of foreign banks known to hold funds of terrorist groups.
Kerry's Plan to improve the Patriot Act...
STRENGTHEN INFORMATION SHARING BETWEEN INTELLIGENCE COMMUNITY. Kerry has called for the creation of a Director of National Intelligence to improve the flow of information between intelligence, defense and law enforcement offices and better protect America. Kerry wants state and local authorities to have immediate access to national terrorist lists and 24-hour operations center should be created to link local and federal law enforcement. •
• FIX PARTS OF THE PATRIOT ACT TO PREVENT ABUSES WHILE RETAINING AUTHORITY TO FIGHT TERROR. John Kerry along with Senator John Sununu, Larry Craig, and Arlen Specter supports new safeguards to prevent abuses of the Patriot Act—while retaining all of government’s needed power to fight terror. For example, Kerry would require a judge to review the evidence before allowing a search of a person’s library records, instead of having the judge act as a rubber stamp, as under current law. In addition, Kerry would require real proof that a sneak-and-peek search is necessary before allowing that type of search, instead of allowing that search virtually anytime. These measures would not reduce the government’s power to fight terror—they would just ensure that the government’s use of these powers is truly necessary.
posted on October 26, 2004 01:19:40 PM new
helen - what part don't you get about kerry voting FOR the patriot act as it was written.
We're not talking about changes he NOW says he wants. My point was crystal clear.....he voted for it just as it was....when what bunni's referring to WAS included in it.
I know it's hard to believe that kerry can constantly change his positions from one week to another...but he has done so multiple times and THIS is just ONE example of him doing so.
posted on October 26, 2004 05:42:35 PM new
Yes, bunni, and I wanted to remind everyone with short term memory issues that kerry had voted FOR this bill as written. Meaning...including the provision about library's and librarians.
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"And they, the interrogator went through all of these statements from John Kerry. He starts pounding on the table. 'See here, this naval officer, he admits that you are a criminal.'" Excerpt from "Stolen Honor"
- James H. Warner Former Vietnam POW
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"I will never submit America's national security to an international test. The use of troops to defend America must never be subject to a veto by countries like France. The President's job is not to take an international poll -- the President's job is to defend America." --President George W. Bush
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Re-elect President Bush
posted on October 26, 2004 05:55:28 PM new
"Librarians see themselves as the guardians of the First Amendment. You got a thousand Mother Joneses at the barricades! I love the librarians, and I am grateful for them!
Excerpt from "Stolen Honor"