ACLU Challenges USA PATRIOT Act

On July 30, the American Civil Liberties Union (ACLU) sued the Justice Department and the FBI over Section 215 of the USA PATRIOT Act, which allows law enforcement to have easier access to business records, such as those in libraries, bookstores, and hospitals. The ACLU argued that the provision violates citizens’ fourth amendment rights against unreasonable searches and seizures.

Before the PATRIOT Act became law, a narrow class of businesses was subject to the disclosure of records in foreign intelligence investigations. Among these businesses were airlines, car renters, and storage facilities. Section 215 allows law enforcement officials to have access to medical records, personal papers, and charity membership lists. The section can only be used in foreign intelligence investigations of people who are not U.S. citizens or lawful permanent residents.

Bookstores and libraries have objections about divulging patrons’ reading preferences without probable cause of a crime. Representative Bernard Sanders of Vermont has introduced legislation to exempt libraries and bookstores from Section 215. The House ruled last week that an amendment to an appropriations bill based on Sanders’ bill was out of order.