Number: RS21441
Title: Libraries and the USA PATRIOT Act
Authors: Charles Doyle and Brian T. Yeh,, American Law Division 
Abstract: The Before the USA PATRIOT Act, federal authorities engaged in gathering foreign intelligence information or conducting an investigation of international terrorism could seek a FISA court order for access to hotel, airline, storage locker, and car rental business records. Section 215 amended the procedure so that in a foreign intelligence or international terrorism investigation, federal authorities may obtain a FISA order for access to any tangible item no matter who holds it, including by implication library loan records and the records of library computer use. Although past practices have apparently made the library community apprehensive, the extent to which the authority of Section 215 has been used, if at all, is unclear. Media accounts of federal investigations involving library patrons ordinarily do not distinguish between simple inquiries, grand jury subpoenas, criminal search warrants, FISA physical search orders, and FISA tangible item orders. Moreover, the Justice Department has indicated that as of March 30, 2005, the authority under Section 215 had been exercised on 35 occasions but had not been used in any instance to secure library, bookstore, gun sale, or medical records.
Pages: 6
Date: February 3, 2006