The law is properly called the USA PATRIOT Act, an acronym for
Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism. It was passed quickly
in the weeks following 9/11 to boost the fight against
terrorism.
It has been widely criticised for undermining civil liberties in
the US, but some controversial provisions of the Act are up for
renewal this year, and critics are determined to ensure a proper
debate takes place on the issues this time.
Congressional hearings over the proposed reauthorisation and
expansion of the Act are ongoing and last week opponents of the
legislation claimed victory when the House passed an amendment to a
$57.5 billion spending bill, prohibiting the Justice Department
from using appropriated funds to access the reading records of US
citizens without a traditional search warrant.
Until now federal agents have been entitled to access these
records by obtaining orders from a secret court under a provision –
Section 215 – of the Patriot Act.
This section gives the FBI the power to search for any "tangible
things (including books, records, papers, documents, and other
items)" in any location without having to name the subject of the
search, permitting “fishing expeditions” in library records.
According to the American Library Association, millions of
people across the country, including librarians and booksellers,
are concerned about the chilling effect of this legislation. In
all, seven state legislatures, 44 state library associations and
381 cities and towns have passed resolutions expressing their
concerns with Section 215 and other specific provisions of the
Act.
Congress is aware of the general unease and the amendment, put
forward by Independent Congressman Bernard Sanders, passed by a
majority of 238 votes to 187, despite a veto threat from the Bush
administration.
“This is a tremendous victory that restores important
constitutional rights to the American people,” said Congressman
Sanders. “American citizens from across the political spectrum have
made it clear that they do not want the government monitoring their
reading habits. This amendment ensures that Big Brother will not be
reading over our shoulders.”
Emily Sheketoff, executive director of the American Library
Association, Washington Office, welcomed the news.
“People from every political persuasion supported this
amendment, and we are grateful that members of the House listened
to librarians’ concerns,” she said.
According to Gregory Nojeim, Acting Director of the Washington
Legislative Office of the American Civil Liberties Union, "It bodes
well that the first vote Congress has taken on the Patriot Act this
year has been in favour of liberty and freedom.”
The amendment will not necessarily become law. The
appropriations bill has still to be approved by the Senate, and the
amendment may be dropped at a later stage.
