Section 215 of the "PATRIOT Act" allows the FBI to obtain library, business,
or medical records by "certifying" to the FISA court that it is "relevant"
to an investigation. It isn't necessary to meet the standard of probable
cause required for a normal warrant, and the FISA court has no apparent
leeway in whether or not they grant the warrant after the FBI has so
certified. That's a significant lessening of your Fourth Amendment right to
protection against unreasonable searches and seizures. The fact that it's a
felony for the parties served (whether libraries, businesses, or doctors or
hospitals) to reveal it to anyone, ever, also means that there can be no
consquences even after the fact for inappropriate or abusive searches.
Consider this: Mr. Ashcroft tells us A) Section 215 is absolutely essential
to protect us against terrorism, and B) Section 215 has never been used.
Believing both of this things is somewhat easier than believing six
impossible things before breakfast; maybe it's a warm-up exercise.
Lis Carey
Testa Hurwitz & Thibeault
-----Original Message-----
From: Maryellen O'Brien [mailto:mobrien@fcsl.edu]
Sent: Wednesday, July 07, 2004 10:12 AM
To: 'Annette L. Demers'; law-lib@ucdavis.edu
Subject: RE: Support Your Freedom to Read
The Patriot Act does NOT allow searches without probable cause and it is
improper for you to imply that it does.
Maryellen O'Brien, J.D., M.L.S.
Reference Librarian
Florida Coastal School of Law
7565 Beach Boulevard
Jacksonville, FL 32216
Phone: 904-680-7637
Fax: 904-680-7677
-----Original Message-----
From: Annette L. Demers [mailto:ademers@law.harvard.edu]
Sent: Wednesday, July 07, 2004 8:10 AM
To: law-lib@ucdavis.edu
Subject: Support Your Freedom to Read
From:
Matt Howes, National Internet Organizer, ACLU
To:
ACLU Action Network Members
Subject:
Support Your Freedom to Read
Within the next few days, the House will face another watershed vote in the
fight to keep us both Safe and Free.
As early as tomorrow, the House is likely to vote on an amendment to the
annual appropriations bill for the Justice Department that would forbid the
government from using any money to use the USA PATRIOT ACT to search your
library and book-buying records without probable cause of crime.
Last year, the House stunned the Ashcroft Justice Department by
overwhelmingly voting for an amendment that would repeal "sneak and peek"
provisions of the Patriot Act. Unfortunately, the congressional leadership
killed the amendment before it became law.
Act Now! This week, the House can send another important message to the Bush
Administration, which is pushing hard to have the Patriot Act made
permanent. Click below to read more about the freedom to read amendment and
to send an email to your Member of Congress:
http://www.aclu.org/NationalSecurity/NationalSecurity.cfm?ID=16058
<http://www.aclu.org/NationalSecurity/NationalSecurity.cfm?ID=16058&c=24>
&c=24
Help the Defense of Civil Liberties:
* C lick <http://www.aclu.org/contribute/contribute.cfm?ORGID=AA02>
<http://www.aclu.org/contribute/contribute.cfm?ORGID=AA02> here to become a
Card-Carrying Member today!
* Pass this alert on to your friends.
* Visit the ACLU's Action Center <http://www.aclu.org/action/> and
get active.
Donate <http://www.aclu.org/contribute/contribute.cfm?ORGID=AA02>
|
Join the Action Alert <https://www.acluorg/team/member.cfm> Network
|
Get <http://www.aclu.org/TakeAction/TakeActionList.cfm?c=242> Active
American Civil Liberties <http://www.aclu.org/> Union
To Unsubscribe: You may unsubscribe from our mailing list at any time by
visiting here <http://capwiz.com/aclu/lmx/u/?jobid=42705540> .
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(C) 2004 ACLU
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