Times are
tense.
Our politicians trade strident accusations about everything from
budget deficits to intelligence failures. Our troops face daily
dangers overseas. And always, we live with the threat posed by
terrorists who want to kill as many Americans as quickly as they
can.
So let's not go out of our way to worry needlessly, the way so many
misguided souls who are hyperventilating over the USA Patriot Act
are.
On its Web site, the American Library Association warns, "sections
of the USA Patriot Act are a present danger to the constitutional
rights and privacy rights of library users."
Michigan's state librarian, Christie Pearson-Brandeau, told the
Detroit Free Press, "we worry about the FBI coming in and demanding
to know who checked out what books and visited what sites on
library computers."
And on Jan. 16, the Concord Monitor reported the following exchange
between Democratic presidential candidate Dennis Kucinich and some
elementary school students:
"If the FBI says, We want Jimmy Smith's library list, then the
librarian has to give them that list without telling Jimmy Smith.
'No way' a student hollered. 'Yes, way,' Kucinich replied."
Well, not quite "way."
Kucinich should know the most important aspects of the USA Patriot
Act only apply to terrorist investigations, which should put Jimmy
Smith's mind at ease.
Of course, before the Patriot Act, the government would have needed
both to obtain a warrant and to show probable cause that a crime
had been committed before it could look at most financial records,
library records, phone logs, etc. Now, under Section 215 of the
Patriot Act, if the government is involved in an authorized
investigation of international terrorism - and only under such
circumstances - it needs simply a judge's warrant to see those
records.
This makes sense. Before Sept. 11, there were too many restrictions
on the FBI's intelligence gathering. For example, federal agents
wanted to search the laptop belonging to Zacarias Moussaoui after
his arrest in August 2001. But their warrant was denied, based on
the Foreign Intelligence Surveillance Act that was then in
effect.
If the agents had been able to search Moussaoui's hard drive,
they'd have found a flight simulator computer program, software
describing the Boeing 747 and extensive information about crop
dusters.
Today, under the Patriot Act, they'd be able to perform that
search, and possibly save lives, without violating Moussaoui's
civil rights.
But while the Patriot Act gives the government important - and
limited - new powers, it's actually being applied only rarely. For
example, despite all the complaints from librarians, Attorney
General John Ashcroft announced last fall that the federal
government has never used Section 215 to search library records.
Not once. It's difficult to understand how Section 215 could be
considered abusive of rights when it's never been used.
But instead of being glad that the law is being judiciously
applied, the American Library Association's executive director said
that the lack of warrants proves the law isn't needed. "They have
demonstrated that there is no need to change the tradition of
protecting library patrons' reading records," Emily Sheketoff
sniffed.
Wrong. What the federal government has actually done is prove that
it won't abuse Section 215. But the fact it's never been used
doesn't prove it's not needed. As in the Moussaoui case, there may
well come a time when we need information, and we'll be glad we can
get it with a judge's warrant.
We should keep a careful eye out to make sure the Patriot Act isn't
abused, just as we should keep a careful eye on everything the
federal government does. But many librarians are stressing out over
nothing. Next time, they should do a little research before they
get worked up over a sensible reform.
COMMENTARY
Checking out the Patriot Act
Feb 12, 2004 2 min read