04.25.04

Cantwell Urges Swift Senate Action on SAFE Act, to Restore Privacy of Library, Bookstore Records

Legislation would roll back PATRIOT Act's open-ended government access to individuals' library, medical and financial information

SEATTLE, WA – U.S. Senator Maria Cantwell (D-WA) called on leaders of the Senate Judiciary Committee to quickly consider legislation designed to reign in the government's powers to secretly investigate libraries, booksellers and their customers. In a letter, Cantwell urged the Committee to soon hold hearings and vote on the Security And Freedom Enhancement (SAFE) Act, of which she is a cosponsor. This legislation would roll back provisions of the PATRIOT Act that allow the federal government to confiscate the papers, electronic records and equipment of libraries and booksellers, as part of open-ended government investigations of American citizens. Instead, the SAFE Act would require government investigators to show a connection between the records they are seeking and a suspected terrorist or spy.

"The SAFE Act is a reasonable fix to make sure we protect both our nation's borders and our right to privacy," said Senator Maria Cantwell. "National security is the top concern, but it doesn't have to come at the expense of our civil liberties. It's time to reevaluate important parts of the PATRIOT Act. Law-abiding American citizens should not have to give up their freedoms for government investigations that have nothing to do with terrorism."

In her letter to the Judiciary Committee, Cantwell noted that at least 16 local governments and communities from all corners of Washington state have passed resolutions opposing provisions of the PATRIOT Act, enacted more than three years ago in response to the September 11 tragedy. The PATRIOT Act allows the Federal Bureau of Investigation (FBI) to obtain orders allowing the secret confiscation of records from libraries and booksellers—but lacks any requirement that these searches be linked to a suspected terrorist. The law also generally prohibits librarians and bookstore owners from informing their customers when their records have been seized. While the FBI has dramatically increased the number of investigative orders it has sought since the PATRIOT Act was passed, this "gag rule" makes it difficult to know exactly how the government is using these broad new powers.

On the other hand, the SAFE Act would limit searches to data related to individual terrorist suspects. More specifically, it would require the government to show "specific and articulable facts" that the records in question belong to a terrorist, spy or foreign agent. It would also alter the PATRIOT Act to require that federal agents obtain a court order before they can obtain the records of a public library's computers. In addition, the Cantwell-cosponsored measure would require that individuals be notified if the government intends to use their records when they have been seized from a library or bookstore.

Cantwell held a meeting Sunday at the Seattle library with Washingtonians urging changes to the PATRIOT Act. She was joined by a Whatcom County librarian who recently received a national award for refusing to turn over records to the FBI because investigators hadn't obtained a subpoena, as well as a Seattle bookstore owner who had a similar encounter with federal agents.

Provisions of the PATRIOT Act expire at the end of this year. The Bush Administration earlier this month testified before the Judiciary Committee in support of extending the PATRIOT Act without any of the privacy protections included in the SAFE Act.

The text of Cantwell's letter to the Senate Judiciary Committee follows below;

The Honorable Arlen Specter, Chairman

United States Senate Committee on the Judiciary

224 Dirksen Senate Office Building

Washington , DC 20510

The Honorable Patrick J. Leahy, Ranking Member

United States Senate Committee on the Judiciary

152 Dirksen Senate Office Building Washington , DC 20510

Dear Chairman Specter and Ranking Member Leahy:

I write to urge that the Senate Judiciary Committee promptly consider the Security and Freedom Enhancement (SAFE) Act, S. 737, which would help restore the privacy of Americans' library records, medical information, and financial statements. I understand that the Committee on April 6, 2005, began a series of hearings regarding the reauthorization of the PATRIOT Act. I believe that the SAFE Act, which I am proud to cosponsor, would make a number of important revisions to this existing law. In particular, I believe the SAFE Act strikes an important balance that will more fully safeguard our civil liberties, at the same time it provides law enforcement with the tools necessary to protect our citizens. As such, I urge the Committee to soon schedule full hearings and a markup of the SAFE Act, so that it is available for consideration by the full Senate floor action following the Memorial Day recess.

I understand that earlier this month, FBI Director Mueller testified before your Committee that the PATRIOT Act provisions scheduled to expire this year should be reauthorized without modification. On the contrary, there is broad consensus in my home state of Washington that the PATRIOT Act should be reviewed and reformed. In fact, sixteen communities and local governments from diverse areas of my state have adopted resolutions opposed to reauthorization of PATRIOT Act provisions, including: Whatcom County, Twisp, Tacoma, Clallam County, King County, Snoqualmie, Port Townsend, San Juan County, Riverside, Jefferson County, Bainbridge Island, Oroville, Tonasket, Bellingham, Seattle and Vashon-Maury Island.

In addition to local government opposition, individual constituents, such as librarians, booksellers, civil liberties advocates, and members of ethnic minorities have shared with me troubling anecdotes about the PATRIOT Act's implementation. These constituents believe that that the SAFE Act would make badly needed improvements to this law, and that such improvements should be adopted expeditiously.

The civil liberties that our nation's founders fought so hard to provide us with should not be the very liberties that are on the table whenever we face a potential domestic threat. In particular, our nation's traditions demand a respect for the privacy of people's personal effects. That's why I am very concerned about provisions in the PATRIOT Act that compromise the privacy of bookstore proprietors, librarians and their customers.

As you know, the PATRIOT Act expanded the government's powers to seek business and personal records by allowing the FBI to obtain "any tangible thing" from any entity. This means that the FBI is able to confiscate the papers, electronic records and equipment of libraries and booksellers, as part of open-ended government investigations of American citizens. Meanwhile, the booksellers and libraries are powerless even to publicize that they are being forced to comply with these investigations. This kind of secrecy, or gag rule, makes it nearly impossible to determine how often the government is using its authority through these orders, or even how many law-abiding citizens these investigations have targeted.

Under the provisions of the SAFE Act, the government would still be able to search records, but would first be required to show why the records or items sought relate to a suspected terrorist or spy. By limiting searches to data related to individual suspects, the SAFE Act would provide a more targeted approach to our effort to keep America safe. In addition, enacting this important check on government investigative powers would go along way to restoring the privacy of our citizens' personal effects.

More specifically, the SAFE Act would protect Americans' privacy by requiring individualized suspicion before the government can search somebody's personal records. It would require the government to show "specific and articulable facts" that the records in question belong to a spy, terrorist or other foreign agent, and would amend the law to clarify that federal agents may not obtain the records of a public library's computers without a court order. If the government seeks to use the information it obtains against a particular library or bookstore patron, the SAFE Act would also require that such a patron be notified and given the opportunity to challenge the government's actions.

The SAFE Act provides important and modest checks on governmental authority without hindering the work we are doing to investigate and prosecute terrorists.

If you would like to speak with any Washingtonians during the Committee's review of the SAFE Act, please contact Layth Elhassani of my staff at 224-8282.

Sincerely,

Maria Cantwell

U.S. Senator

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