FBI Tries to Invade Privacy

We missed this story last week when it first appeared in USA Today. It's a chilling reminder of the power the Bush administration wants over your life.

It was a moment that librarians had been dreading.

On June 8, 2004, an FBI agent stopped at the Deming branch of the Whatcom County Library System in northwest Washington and requested a list of the people who had borrowed a biography of Osama bin Laden. We said no.

[snip]

Since the passage of the Patriot Act in October 2001, the FBI has the power to go to a secret court to request library and bookstore records considered relevant to a national security investigation. It does not have to show that the people whose records are sought are suspected of any crime or explain why they are being investigated. In addition, librarians and booksellers are forbidden to reveal that they have received an order to surrender customer data.

Our government has always possessed the power to obtain library records, but that power has been subject to safeguards. The Patriot Act eliminated those safeguards and made it impossible for people to ask a judge to rule whether the government needs the information it is after. In the current debate over extending or amending the Patriot Act, one of the key questions is whether a library or any other institution can seek an independent review of an order. Even the attorney general conceded in a recent oversight hearing that this is a problem with the law as written.

Fortunately for our patrons, we were able to mount a successful challenge to what seems to have been a fishing expedition. If it had returned with an order from a secret court under the Patriot Act, the FBI might now know which residents in our part of Washington State had simply tried to learn more about bin Laden.

With a Patriot Act order in hand, I would have been forbidden to disclose even the fact that I had received it and would not have been able to tell this story.

We shouldn't have to give up our privacy in order to fight a vague notion of terrorism.