Law Librarians & Government Advocacy: The USA PATRIOT Act and Beyond Leah Sandwell-Weiss Rogers College of Law The University of Arizona

Agenda  The USA PATRIOT Act  Government Advocacy in AALL  Current Issues  What You Can Do  Questions?

USA PATRIOT Act Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (Public Law )

USA PATRIOT Act  Title II: Enhanced Surveillance Procedures - Section 215  Title III: International Money Laundering Abatement and Anti- Terrorist Financing Act of 2001  Title IV: Protecting the Border

USA PATRIOT Act  Title V: Removing Obstacles to Investigating Terrorism - NSLs  Title VIII: Strengthening the Criminal Laws against Terrorism  Title IX: Improved Intelligence

Business records under FISA Old law - FISA court could order seizure  Of specific types of business records, such as lodging, storage and car rental records  Without probable cause  In foreign intelligence investigation  No discretion

Business records under Section 215 FBI can request a FISA court to order any person or entity to turn over “any tangible things... for an investigation to protect against international terrorism or clandestine intelligence activities....”

Reactions from Librarians  Library Community Statement on Freedom of Speech and Access to Information  Web pages developed  Videoconference  Librarians spoke out

Technically Legal Library Signs Courtesy of Jessamyn West,

Librarian Values  Provide information on all kinds of subjects & from all perspectives to our communities  Assure access to government information  Fight for civil liberties, including freedom of expression and privacy

AALL’s Government Advocacy  1908 – First AALL President lobbies Congress to provide Statutes at Large to law libraries  1927 –Legislation proposed by AALL passed & signed into law  1939 – AALL provides testimony to a Congressional Committee

Coalitions with Library Associations  Helps found the Council of National Library Associations  1943 – Joins with ALA & ARL to form Joint Committee on Government Publications  60s & 70s – Helps organize Joint Libraries Committee on the Copyright Law

AALL Takes Action  1985 – Special Committee on the Future of AALL identifies AALL’s “lack of leadership”  1988 – Special Committee develops ideas to improve advocacy  1989 – Washington Affairs Office established  Robert Oakley & Mary Alice Baish

Washington Affairs Office  Key Tasks  Educate legislators, policymakers, & press  Influence legislators & policymakers  Work with other groups  Train AALL members to be grassroots activists

Educating AALL Members  Annual Legislative & Regulatory Update  Advocacy Training Workshops  Programs at AALL  Speakers

Education Efforts  WAO Website:  GRC Website:  Action Alerts  Washington Brief column

Government Advocacy Focus  Copyright laws  Protecting public access  Protecting intellectual freedom

Copyright  Helped prevent passage of database protection legislation  Joined other organizations on several amicus briefs  Successfully opposed UCITA  Orphan works

Public Access to Information  Supported plaintiffs in litigation on Vice-President’s Energy Policy meetings  OpenTheGovernment.org  Working with GPO  Permanent Public Access Report:

Public Access to Information  E-Government Act   Re-classification of documents at National Archives  EPA Libraries

USA PATRIOT Act  DOJ’s Website:  National Security Letters  USA PATRIOT Act Improvement and Reauthorization Act of 2005, Pub. L  USA PATRIOT Act Additional Reauthorization Amendments Act of 2006, Pub. L

Provisions of Reauthorization  Some not related to fighting terrorism  Extended sunset dates for Section 215 and 2 other provisions  New requirements for Section 215 orders  Limits who can approve requests to FISA Court  Statement of facts establishing relevancy

New Provisions, cont’d  Right to consult attorney & challenge order  Right to appeal gag order pursuant to Section 215 order or NSL after 1 year  Libraries functioning in traditional roles exempt from NSLs – unless...  They are “electronic communication service” providers

New Provisions, cont’d  IG required to do audits & DOJ report on 215 orders – except...  President’s signing statement: will “withhold information... which could impair...the performance of the Executive’s constitutional duties.”

Proposed Legislation  S  Enhanced judicial review of FISA orders & NSLs;  Enhanced factual basis for FISA orders; and  Sunset date for NSL provisions

What Can You Do?  Stay Informed  Advocacy alerts  Washington Brief columns  beSpacific:  Law Librarian Blog: blog/ blog/ blog/  LibraryLaw Blog:

Hot Off the Presses  New CRS Report: USA PATRIOT Improvement and Reauthorization Act of 2005: A Legal Analysis, March 24, 2006,  Secrecy News:

What Can You Do?  Respond quickly to Action Alerts  Phone, fax, or legislators – or take time for a short, handwritten note  Quantity v. Quality  Issues may need to be responded to more than once

Last Bit of Advice  Get to know your legislators!  Develop contacts  Attend meetings  Offer your services  Write letters often  Show appreciation

Law Librarians & Government Advocacy: The USA PATRIOT Act and Beyond Questions?