AAP on the Hill / Issues: First Amendment

November 01, 2003

SAFE Act Would Limit Patriot Act Searches

S. 1709 is sponsored by Senators Larry Craig (R-ID), Richard Durbin (D-IL), Mike Crapo (R-ID), John Sununu (R-NH), Russ Feingold (D-WI), Ron Wyden (D-OR), and Jeff Bingaman (D-NM).  The bill would require the FBI to have “specific and articulable facts” that show that the person targeted is a foreign agent before it can seek a search order from the secret FISA (Foreign Intelligence Surveillance Act) court.  Currently, under Section 215 of the Patriot Act, the FBI can go on “fishing expeditions” requesting business records, including library and bookstore records, without the need to demonstrate “probable cause” to believe that the target of the search is engaged in criminal activity.  The SAFE Act is the fourth piece of legislation that has been introduced to restore privacy protections for bookstore and library patrons. (The others are H.R. 1157, introduced by Rep. Bernard Sanders in March; S.1507, Senator Feingold’s “Library, Bookseller and Personal Records Privacy Act; and Senator Boxer’s “Library and Bookseller Protection Act—S. 1158).

For more information contact:

Judith Platt
Email: jplatt@publishers.org