> Dear Friend:

>

> I wanted to let you know about legislation I recently

> introduced to protect information about the books we

check out

> from the library and the books we buy from bookstores.

The

> Library and Bookseller Protection Act would protect

this

> information from sweeping searches by the federal

> government--and would ensure that information held

about us by

> libraries and bookstores is subject to the regular

search

> warrant process.

>

> In general, under federal criminal law, if the federal

> government wants to conduct a search, it must obtain a

> court-issued warrant after showing probable cause that

an

> individual has committed, is committing, or is about

to commit

> a crime. When gathering foreign intelligence

information, the

> Foreign Intelligence Surveillance Act (FISA) of 1978

allows the

> federal government to obtain a warrant (known as a

"FISA

> warrant") from a special, secret court if there is

probable

> cause to believe that an individual is an agent of a

foreign

> power. And, the FBI can issue National Security

Letters

> without a court order to obtain wire and electronic

> communications information (for example, the web sites

a person

> visits) if the person being investigated is believed

to be an

> agent of a foreign power.

>

> The USA Patriot Act significantly expanded the scope

of FISA

> warrants and National Security Letters. Neither the

new FISA

> warrants nor the new National Security Letters need to

specify

> a particular individual or involve the investigation

of a

> particular individual. This expansion is particularly

> troubling when it comes to libraries and bookstores.

When

> presented with a FISA warrant for "tangible things" or

a

> National Security Letter, libraries and booksellers

must reveal

> data about their users and customers. The federal

government

> can engage in broad, unspecific fishing expeditions

and obtain

> information on what books we have checked out, what

websites we

> have visited on library computers, and what we have

purchased

> in bookstores.

>

> For information held by libraries and bookstores, my

> legislation, S. 1158, would restore former law

requiring any

> search to be conducted with a specific warrant tied to

a

> specific suspect. Libraries and bookstores would no

longer be

> subject to broad, unspecific, sweeping National

Security

> Letters and FISA warrants for "tangible things."

>

> I have authored and supported strong efforts to fight

> terrorism, including steps to make air travel and our

ports

> safer. I also believe that law enforcement officials

need

> effective tools to fight terrorist attacks. I have

voted to

> give them many more such tools. However, these tools

should

> not extend to allowing government agents to go into

bookstores

> and libraries to engage in broad, unspecific fishing

> expeditions, potentially jeopardizing the privacy of

all

> library and bookstore patrons.

>

> Sincerely,

>

> Barbara Boxer

> United States Senator

>

> ===================================================

>

> For more information on Senator Boxer's record and

other

> information, please go to: http://boxer.senate.gov

>

> If you would like to make a comment regarding this or

any other

> federal matter, please feel free to do so at:

> http://boxer.senate.gov/contact/webform.cfm

>

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