The law is properly called the USA PATRIOT Act, an acronym for Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism. It was passed quickly in the weeks following 9/11 to boost the fight against terrorism.
It has been widely criticised for undermining civil liberties in the US, but some controversial provisions of the Act are up for renewal this year, and critics are determined to ensure a proper debate takes place on the issues this time.
Congressional hearings over the proposed reauthorisation and expansion of the Act are ongoing and last week opponents of the legislation claimed victory when the House passed an amendment to a $57.5 billion spending bill, prohibiting the Justice Department from using appropriated funds to access the reading records of US citizens without a traditional search warrant.
Until now federal agents have been entitled to access these records by obtaining orders from a secret court under a provision – Section 215 – of the Patriot Act.
This section gives the FBI the power to search for any "tangible things (including books, records, papers, documents, and other items)" in any location without having to name the subject of the search, permitting “fishing expeditions” in library records.
According to the American Library Association, millions of people across the country, including librarians and booksellers, are concerned about the chilling effect of this legislation. In all, seven state legislatures, 44 state library associations and 381 cities and towns have passed resolutions expressing their concerns with Section 215 and other specific provisions of the Act.
Congress is aware of the general unease and the amendment, put forward by Independent Congressman Bernard Sanders, passed by a majority of 238 votes to 187, despite a veto threat from the Bush administration.
“This is a tremendous victory that restores important constitutional rights to the American people,” said Congressman Sanders. “American citizens from across the political spectrum have made it clear that they do not want the government monitoring their reading habits. This amendment ensures that Big Brother will not be reading over our shoulders.”
Emily Sheketoff, executive director of the American Library Association, Washington Office, welcomed the news.
“People from every political persuasion supported this amendment, and we are grateful that members of the House listened to librarians’ concerns,” she said.
According to Gregory Nojeim, Acting Director of the Washington Legislative Office of the American Civil Liberties Union, "It bodes well that the first vote Congress has taken on the Patriot Act this year has been in favour of liberty and freedom.”
The amendment will not necessarily become law. The appropriations bill has still to be approved by the Senate, and the amendment may be dropped at a later stage.