[Mb-civic] Library Challenges FBI Request - Washington Post

[William Swiggard]

Library Challenges FBI Request
Patriot Act Prohibits Details of Lawsuit From Being Released

By Dan Eggen
Washington Post Staff Writer
Friday, August 26, 2005; Page A11

A member of the American Library Association has sued the Justice 
Department to challenge an FBI demand for records, but the USA Patriot 
Act prohibits the plaintiff from publicly disclosing its identity or 
other details of the dispute, according to court documents released 
yesterday.

The lawsuit comes as Congress prepares to enter final talks over renewal 
of the Patriot Act, a counterterrorism law that was overwhelmingly 
approved after Sept. 11, 2001. But parts of the law, including 
provisions that could have an impact on libraries, have since come under 
fire.

Justice Department and FBI officials have repeatedly declined to 
identify how many times Patriot Act-related powers have been used to 
seek or obtain information from libraries, but they have strongly urged 
Congress not to limit their ability to do so.

The suit, originally filed under seal in Connecticut on Aug. 9, focuses 
on the FBI's use of a document called a "national security letter" 
(NSL), which allows investigators to demand records without the approval 
of a judge and to prohibit companies or institutions from disclosing the 
request. Restrictions on the FBI's use of NSLs were loosened under the 
Patriot Act.

The identity of the institution, the records being sought and numerous 
other details are edited out of the public version of the complaint 
released by the American Civil Liberties Union, which is a party to the 
lawsuit.

But the edited lawsuit reveals that the plaintiff is a member of the 
libraries association, that it provides "circulation and cataloging of 
library materials," and that it allows "library patrons . . . to search 
library collections and check the status of their accounts." The 
complaint also says the institution "provides Internet access for use by 
staff and patrons" and that the FBI was seeking "subscriber information, 
billing information and access logs" related to an unidentified target.

Justice Department spokesman Brian Roehrkasse declined to comment on the 
dispute because of the pending litigation.

http://www.washingtonpost.com/wp-dyn/content/article/2005/08/25/AR2005082501696.html
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