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ACLU sues to block FBI access to library records

WASHINGTON - The American Civil Liberties Union has filed a lawsuit to block the FBI from obtaining records from an organization possessing information about library patrons.

The group released a government-censored version of the lawsuit Thursday. The case originally was filed under seal Aug. 9 in U.S. District Court in Bridgeport, Conn., because the law under which the FBI acted bars the organization or its attorneys from "disclosing to any person" that the FBI has demanded information.

ACLU associate legal director Anne Beeson said the FBI and Justice Department had censored the document and allowed release of that version.

The ACLU said its client "possesses a wide array of sensitive information about library patrons, including information about the reading materials borrowed by library patrons and about Internet usage by library patrons."

The censored document states that the client is a member of the American Library Association.

U.S. District Judge Janet Hall has scheduled a hearing Wednesday in Bridgeport on the group's request to lift the gag order so its client can participate in debate over the Patriot Act, which Congress is considering reauthorizing.

"Our client wants to tell the American public about the dangers of allowing the FBI to demand library records without court approval," Beeson said. "If our client could speak, he could explain why Congress should adopt additional safeguards that would limit Patriot Act powers."

Justice Department spokesman Charles Miller declined to comment on the ACLU lawsuit or on the number of such requests the government has made. The FBI also declined to comment.

With key information blacked out, the released document reveals little of the underlying case.

On an undisclosed date, the FBI delivered what is known as a National Security Letter to the ACLU's client demanding "any and all subscriber information, billing information and access logs of any person or entity related to" something or someone which is blacked out. It said the information is relevant to an investigation of terrorism or spying.

Issued by the FBI without review by a judge, National Security Letters were authorized in 1986 by the Electronic Communications Privacy Act. They are used to obtain electronic records from "electronic communications service providers."

Such providers are not limited to Internet service companies but now also include universities, public interest organizations and almost all libraries, because most provide access to the Internet.

The original act allowed the FBI to get records of a person or group suspected of acting on behalf of a foreign power, or under 1993 amendments, the records of someone thought to be communicating with such a foreign agent about international terrorism.

The Patriot Act in 2001 removed the requirement that the records sought be those of someone under suspicion. Now anyone's records can be obtained if the FBI considers them relevant to a terrorism or spying investigation.

[Last modified August 26, 2005, 01:37:18]