Forced silence incites critics of Patriot Act

[Kal EL]

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Forced silence incites critics of Patriot Act
Thursday, September 29, 2005
BY J. SCOTT ORR
STAR-LEDGER WASHINGTON BUREAU
WASHINGTON -- With work about to begin on a final version of legislation to renew the USA Patriot Act, opponents of the measure are desperately trying to remove a gag from a Connecticut librarian who received a demand for records through one of the act's most controversial provisions.

Lawmakers, librarians and civil libertarians said yesterday that the librarian, identified only as John Doe, wants to tell his story to Congress and the public before the renewal bill is completed.

That could be anytime. The House and Senate passed differing versions of the bill in July, and a conference committee to reconcile the two bills is expected to be named shortly. Congress has until the end of the year to finish the bill, or 16 of its provisions will expire.

 
Doe "might be the most important voice in the debate over the USA Patriot Act," said Alice Knapp, president of the Connecticut Library Association

"It is extremely important to lift the gag ... so that the American Library Association member can participate in the debate surrounding reauthorization," added Rep. Bernie Sanders, a Vermont independent, referring to the Connecticut librarian.

Attorney General Alberto Gonzales has said in testimony before the House Judiciary Committee that the Justice Department has no interest in the reading habits of average Americans and that it has never used a provision of Patriot Act that allows access to library records.

However, the records in the Connecticut case were sought not under the bill's so-called "library provision" but under a section that allows even easier access to private information.

Doe was the recipient of a National Security Letter sometime before August, demanding information on visitors to libraries in Connecticut. Anne Beeson, the American Civil Liberties Union lawyer who represents Doe, said her client works for an organization "that maintains a broad range of sensitive records about library users."

Under the Patriot Act, National Security Letters can be issued by the Justice Department without judicial review and can seek all kinds of information. The law prohibits recipients from talking to anyone about the letters.

The ACLU filed suit on behalf of Doe in August and won an injunction that allows Doe to speak publicly. That injunction is on hold as the Justice Department appeals.

"While it's on appeal, the librarian has no free-speech rights," said Rep. Jerrold Nadler (D-N.Y.), a leading opponent of many of the Patriot Act's more controversial provisions.

At yesterday's news conference on Capitol Hill, members of the ALA wore masking tape representing National Security Letters across their mouths, to symbolize the gag placed on Doe.

"This is not what freedom is about," Sanders said, gesturing to the gagged librarians. "Freedom is about the right to speak out."

Both House and Senate versions of the bill renewing the Patriot Act contain language that would make it more difficult for federal authorities to go after library records.