July 22, 2003
Representative Moran
Representative Moran
July 22, 2003
The Honorable James P. Moran
U.S House of Representatives
2239 Rayburn House Office Building
Washington, DC 20515-4608
Dear Representative Moran:
As your constituent, I urge you to support the Sanders-Otter-Conyers Amendment to the Commerce, Justice, State, and Judiciary Appropriations Bill of 2004, which would restore and protect the privacy and First Amendment rights of library and bookstore patrons.
With the passage of the USA PATRIOT Act, the FBI gained the unprecedented power to search libraries and book-buying records without probable cause of any crime or intent to commit a crime. Furthermore, librarians and others who are required to turn over records are barred from informing anyone that the search has occurred or that records were given to the government. This means that average Americans could have their privacy violated wholesale without justification or proper judicial oversight.
The Sanders-Otter-Conyers Amendment would return legal standards and warrant procedures that were in place for libraries and bookstores before the passage of the USA Patriot Act. This amendment would allow the FBI to follow procedures already in current law to obtain warrants and retrieve records for terrorist related or criminal investigations.
Librarians and booksellers want to protect Americans from terrorist attacks but at the same time, they must protect the right of every citizen to read, learn, and purchase books without undue government interference. The FBI has been aggressively using its new powers without providing Congress with explanations about its activities. A University of Illinois survey shows libraries were targeted at least 175 times in the year after 9/11 — yet the FBI refuses to explain how or why.
Once again, I urge you to support the Sanders-Otter-Conyers Amendment to the Commerce, Justice, State, and Judiciary Appropriations Bill of 2004, which would restore and protect the privacy and First Amendment rights of library and bookstore patrons.
I didn’t give up six years of my life serving this nation as a Marine to see it turn into a police state almost overnight. Do the right thing and end this now! I look forward to hearing your thoughts on this matter.
Sincerely,
James Landrith
July 28, 2003
Mr. James Landrith
PO Box 8208
Alexandria, Virginia 22306
Dear Mr. Landrith:
Thank you for contacting my office and sharing your thoughts regarding the Freedom to Read Protection Act of 2003 (H.R. 1157).
As you may know, the Freedom to Read Protection Act (H.R. 1157) was introduced on March 6, 2003 by Representative Sanders. If enacted, this legislation would reinstate legal standards for investigations of libraries and bookstores which were in place before the passage of section 215 of the USA Patriot Act. Section 215 of the Patriot Act grants the Director of the FBI the power to get a sealed warrant from the Foreign Intelligence Surveillance Act Court (FISA) to search businesses for “any tangible things (including books, records, papers, documents, and other items) for an investigation to protect against international terrorism or clandestine intelligence activities.” These affected businesses include libraries, both public and private, and bookstores. Under Section 215 the FBI does not need to show probable cause nor do they need to have any suspicion that the subject of the investigation is a foreign power or agent of a foreign power before they are granted a sealed warrant. Librarians and book store owners are also forbidden to report that an FBI search has occurred in their establishment.
Currently, H.R. 1157 has been jointly referred to the House Judiciary and House Permanent Select Intelligence Committee. Section 215 is having a chilling effect on the reading public who frequent libraries and bookstores. It also sets a troubling precedent for the Justice Department to secretly search and seize private records without public accountability. You may be pleased to know that I have signed on as a cosponsor of H.R. 1157.
In another effort to repeal troublesome provisions in the Patriot Act, an amendment sponsored by Representatives Sanders, Otter and Conyers was scheduled to be offered during debate of the Commerce, Justice, State Appropriations bill (H.R. 2799). This amendment would have prohibited funding to be provided to the Department of Justice (DOJ) for implementing the searches and seizures outlined in Section 215 of the Patriot Act. I strongly supported this legislation, but unfortunately, due to a technical error in the amendment’s language, it was ruled out of order. While the inability to vote on this amendment was a minor setback, Representative Otter later offered another amendment to H.R. 2799 that denied funds to DOJ for carrying out Section 213 of the Patriot Act allowing the delayed execution of search warrants. This amendment passed by an overwhelming 309-118 vote and was a big victory for civil and privacy rights in this country. Rest assured that I will keep your comments in mind and continue to support appropriate legislative remedies to the Patriot Act.
Please feel free to visit my website at http://www.house.gov/moran which contains information on topics that may be of interest to you. Thank you again for contacting me on this important issue.
Yours truly,
James P. Moran
JPM/int2