253.589.5544
The
Enhanced Surveillance Provisions
Affecting Library Confidentiality:
Section 215: Access to
Records Under Foreign Intelligence Security Act
(FISA)
·
Allows an FBI
agent to obtain a search warrant for “any tangible thing,” which can include
books, records, papers, floppy disks, data tapes, and computers with hard
drives.
·
Permits the FBI
to compel production of library circulation records, Internet use records, and
registration information stored in any medium.
·
Does not require
the agent to demonstrate “probable cause,” the existence of specific facts to
support the belief that a crime has been committed or that the items sought are
evidence of a crime. Instead, the agent only needs to claim that he believes
that the records he wants may be related to an ongoing investigation related to
terrorism or intelligence activities, a very low legal standard.
·
Libraries or
librarians served with a search warrant issued under FISA rules may not
disclose, under of penalty of law, the existence of the warrant or the fact that
records were produced as a result of the warrant. A patron cannot be told that
his or her records were given to the FBI or that he or she is the subject of an
FBI investigation.
·
Overrides state
library confidentiality laws protecting library records.
Uniting
and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (Public Law
107-56)
Last updated: 15 October
2004
Questions, suggestions,
comments?
Send to elaine.holster@cptc.edu