Friday, August 26, 2005

Library Challenges FBI Request

Dan Eggen writes in The Washington Post:

A member of the American Library Association has sued the Justice Department to challenge an FBI demand for records, but the USA Patriot Act prohibits the plaintiff from publicly disclosing its identity or other details of the dispute, according to court documents released yesterday.

The lawsuit comes as Congress prepares to enter final talks over renewal of the Patriot Act, a counterterrorism law that was overwhelmingly approved after Sept. 11, 2001. But parts of the law, including provisions that could have an impact on libraries, have since come under fire.

Justice Department and FBI officials have repeatedly declined to identify how many times Patriot Act-related powers have been used to seek or obtain information from libraries, but they have strongly urged Congress not to limit their ability to do so.

The suit, originally filed under seal in Connecticut on Aug. 9, focuses on the FBI's use of a document called a "national security letter" (NSL), which allows investigators to demand records without the approval of a judge and to prohibit companies or institutions from disclosing the request. Restrictions on the FBI's use of NSLs were loosened under the Patriot Act.

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