Not entirely true.
Section 501 of the act in question provides:
SEC. 501. ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS.<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />
`(a)(1) The Director of the Federal Bureau of Investigation or a designee of the Director (whose rank shall be no lower than Assistant Special Agent in Charge) may make an application for an order requiring the production of any tangible things (including books, records, papers, documents, and other items) for an investigation to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution.
`(2) An investigation conducted under this section shall--
`(A) be conducted under guidelines approved by the Attorney General under Executive Order 12333 (or a successor order); and
`(B) not be conducted of a United States person solely upon the basis of activities protected by the first amendment to the Constitution of the United States.
`(b) Each application under this section--
`(1) shall be made to--
`(A) a judge of the court established by section 103(a); or
`(B) a United States Magistrate Judge under chapter 43 of title 28, United States Code, who is publicly designated by the Chief Justice of the United States to have the power to hear applications and grant orders for the production of tangible things under this section on behalf of a judge of that court; and
`(2) shall specify that the records concerned are sought for an authorized investigation conducted in accordance with subsection (a)(2) to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities.
`(c)(1) Upon an application made pursuant to this section, the judge shall enter an ex parte order as requested, or as modified, approving the release of records if the judge finds that the application meets the requirements of this section.
`(2) An order under this subsection shall not disclose that it is issued for purposes of an investigation described in subsection (a).
`(d) No person shall disclose to any other person (other than those persons necessary to produce the tangible things under this section) that the Federal Bureau of Investigation has sought or obtained tangible things under this section.
`(e) A person who, in good faith, produces tangible things under an order pursuant to this section shall not be liable to any other person for such production. Such production shall not be deemed to constitute a waiver of any privilege in any other proceeding or context.
The standard for issuance of a records production authorization under the USA PATRIOT Act is not probable cause - it is simply a ministerial act of determining whether the requesting officer has properly asked for the authority and made the proper representations of need for the information under the act.
Charles Gaunce
Law Librarian
University of Texas at El Paso
-----Original Message-----
From: owner-law-lib@ucdavis.edu [mailto:owner-law-lib@ucdavis.edu]On Behalf Of Maryellen O'Brien
Sent: Wednesday, July 07, 2004 8:12 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!
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(C) 2004 ACLU
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