Freedom of Information Act Lawsuit Filed Against the Justice Dept Over Patriot Act

Written by Eric Olsen
Published October 24, 2002

The American Civil Liberties Union, The American Booksellers Foundation for Free Expression, the Electronic Privacy Information Center (EPIC) and the American Library Association's Freedom to Read Foundation have sued the Justice Department under the Freedom of Information Act in an effort to extract more information about the government's application of the Patriot Act.

I covered the original suit back in August and wrote of Section 215 of the USA Patriot Act:

    The FBI can walk into any bookstore or library with a search warrant, demand sales or lending records for anyone suspected of "international terrorism" or "clandestine activities." The employee has no recourse but to turn the records over, then cannot discuss this activity with anyone other than his/her attorney. The House Judiciary Committee and representatives of booksellers want to know how many times this has happened. I'm not sure that the booksellers have any right other than courtesy to the information, but surely the House Judiciary Committee, with legal responsibility for overseeing the Patriot Act, does.

    Again we see a near-paranoid aversion to divulging any information to anyone from John Ashcroft's Justice Department - a condition that only leads others to a similar state of paranoia in others, with or without cause. Why give so-inclined people the opportunity to let their imaginations run wild? When people perceive a pattern of unwarranted secrecy, they suspect the worst. Ashcroft's Justice has handled this general problem very poorly in both word and deed.

The ACLU has FAQs on Section 215 of the Patriot Act here, and the original request can be found here.

According to a statement today from the ACLU:

    "The Justice Department conceded in early September that the information is of exceeding importance to the American public, but it nonetheless continues to stonewall," said Jameel Jaffer, an attorney with the ACLU's Technology and Liberty Program.

    The records requested concern the government's implementation of the USA PATRIOT Act, legislation that was passed in the wake of the September 11 terrorist attacks. By amending laws such as the Foreign Intelligence Surveillance Act (FISA), USA PATRIOT vastly expands the government's authority to obtain personal information about those living in the United States, including United States citizens.

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Freedom of Information Act Lawsuit Filed Against the Justice Dept Over Patriot Act
Published: October 24, 2002
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Section: Culture
Filed Under: Books: News
Writer: Eric Olsen
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Comments

#1 — October 25, 2002 @ 13:56PM — S. Peterson

I believe I have been/am a victim.

#2 — October 25, 2002 @ 14:20PM — Linda King

I believe I have been/am a victim.

#3 — October 25, 2002 @ 18:42PM — n3utr0n

The USA Patriot Act is communism at its best. Who won the cold war? Is the Fed really protecting our freedom? Uh oh.. I've gone and incriminated myself by exercising my right to speach. I'd better dump my mp3s and dispose of my CDRs...

#4 — October 25, 2002 @ 19:03PM — Eric Olsen

S. and Linda, Please tell why you feel you have been/are victims.

#5 — October 25, 2002 @ 20:02PM — David R.

If you have nothing to hide.....who cares if they are checking out what you read. If this helps set up warning flags which may help stop derranged individuals from harming others - then is that not a good thing? Why are americans so hell bent on protecting criminals? The American Criminal Liberals United(ACLU) league strikes again.

#6 — October 25, 2002 @ 20:50PM — Jaclyn R

David, are you absolutely sure you have nothing to hide? You may be surprised what has been collected.

#7 — October 25, 2002 @ 21:02PM — HB

David, think about it. So you have nothing to hide; does that mean you're ok with the government's ability to peer into every personal aspect of your life? Does privacy mean nothing to you? Even innocent acts may appear suspicious to someone else, and if we know we're being watched, we may tend to act more secretively, thereby increasing our neighbors' suspicions. This is how fascist governments begin.

#8 — October 25, 2002 @ 23:14PM — sb

i,m a canadain reading this article do,nt let the goverment get control of your basic freedom of privacy. laws and plicies our shoved down our throats with not so much as a vote on it by public.stand up for your rights an freedoms, i know terrorism is out there but goverment is using the laws to upsurp the people of it,d nation.

#9 — October 26, 2002 @ 16:05PM — Sandy Grieves

In our town people are not as fearful of "terrorism" (we have always had it in the world), as they are of the thugs that are hired to search us at the airports. You give a person like that a little authority and he/she becomes the judge, jury, and executioner......all the while opperating in an environment of total support from other "police". The private indiviual believes he/she lives in a "police/military" state. There should be a representative of the individual airlines present at these check points

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