Librarians Say Surveillance Bills Lack Adequate Oversight
By Ellen Nakashima, Washington Post Staff Writer
Friday, November 2, 2007
A little-remarked feature of pending legislation on domestic surveillance has provoked alarm among university and public librarians who say it could allow federal intelligence-gathering on library patrons without sufficient court oversight.
Draft House and Senate bills would allow the government to compel any "communications service provider" to provide access to e-mails and other electronic information within the United States as part of federal surveillance of non-U.S. citizens outside the country.
The Justice Department has previously said that "providers" may include libraries, causing three major university and library groups to worry that the government's ability to monitor people targeted for surveillance without a warrant would chill students' and faculty members' online research activities.
"It is fundamental that when a user enters the library, physically or electronically," said Jim Neal, the head librarian at Columbia University, "their use of the collections, print or electronic, their communications on library servers and computers, is not going to be subjected to surveillance unless the courts have authorized it."
Under the legislation, the government could monitor a non-U.S. citizen overseas participating in an online research project through a U.S.
university library, and gain access to the communications of all the project participants with that surveillance target, said Al Gidari, a lawyer with the Perkins Coie firm who represents the Association of
Research Libraries and the American Library Association.
The bills, which would replace a temporary law amending the Foreign Intelligence Surveillance Act, would not require the government to demonstrate "probable cause" that the foreign person targeted is a terrorist or a spy or to let the FISA court, which grants surveillance warrants, know that the tap will be on a library. Under the Senate bill, a general surveillance program may be authorized yearly by the attorney general and the director of national intelligence. The House's version would require the FISA court to authorize surveillance directed at people overseas.


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