Senate Introduces Second Patriot Act Reform Bill in a Week

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By Beverly Goldberg

On September 22, Sens. Patrick Leahy (D-VT), Benjamin Cardin (D—MD), and Ted Kaufman (D-DE) introduced the USA PATRIOT Act Sunset Extension Act of 2009. “We propose increasing government accountability through more transparent public reporting of the use of surveillance, and by requiring audits of how these vast authorities have been used since they were last reauthorized,” Sen. Leahy stated.

The second such Senate bill to be introduced within a week, the Sunset Extension Act (PDF file) proposes reforms to Section 215, commonly referred to as the “library provision,” which the American Library Association has long sought to amend. The bill raises the legal standards to obtain a Section 215 order by requiring the government to show “relevance” for an authorized investigation. Additionally, the bill gives recipients of an NSL 21 days to announce their intention to challenge a gag order about receiving the NSL, requires increased public reporting about the use of NSLs and the Foreign Intelligence Surveillance Act, and would make the NSL provision subject to the same sunset date of December 31, 2013, as the other three provisions being considered for reauthorization.

“We welcome the opportunity to have a full and public debate on how best to protect our civil liberties while also assuring that law enforcement has the tools it needs to fight terrorism,” said ALA President Camila Alire. “The momentum toward reform is building with two strong Senate bills before the American public. The ALA looks forward to engaging in this public debate and continuing our mission to ensure patron privacy and other civil liberties are protected.”

That debate has already begun taking place; the House Judiciary Committee held a hearing September 22 and the Senate Judiciary Committee is following suit September 23.

American Libraries, Wed, 09/23/2009 - 09:03