Events that took place in Washington, D.C., last week gave opponents of the USA Patriot Act their first ray of hope in more than a year that the parts of Section 215 they oppose might be amended. In testimony before the Senate Judiciary Committee, Attorney General Alberto Gonzales said that the government has "no interest" in going through the library records of Americans. He also indicated that the Justice Department believes that people charged under Section 215 have the right to due process and the right to an attorney.
Gonzales's comments "are a step in the right direction," said Oren Teicher, COO of the American Booksellers Association. The ABA is one of several associations that have opposed Section 215, which grants the FBI the power to search a business's records without establishing probable cause. Teicher said Gonzales's remarks represent "a dramatic softening" by the Bush administration on its willingness to compromise on parts of the act that touch on bookstores and libraries.
Teicher took no comfort, however, in Gonzales's assertion that the FBI had never used the power of the Patriot Act to search library and bookstore records. "As long as there is a law on the books that a government agency can search a bookstore's records without probable cause, we will object," Teicher said. He added that the ABA "never said bookstores have a right to absolute privacy. But we do expect there to be judicial review."
In addition to Gonzales's remarks, Teicher said another positive development last week was the reintroduction in the Senate of the Security and Freedom Enhancement Act, a bill that would add more privacy safeguards to the Patriot Act. In March, Rep. Bernie Sanders reintroduced the Freedom to Read Protection Act in the House, which curbs the FBI's power to search bookstore and library records.
To encourage passage of both bills, the ABA and its partners have kicked off a new campaign for reader privacy that will feature the slogan "Is Someone Reading Over Your Shoulder?" The ABA has sent bookmarks and petitions to Book Sense members to use in a new drive to gather signatures supporting the actions to amend Section 215. "This is one fight we can win," Teicher said.
