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Dear Member of Congress, When most of us think of bookstores and libraries, we imagine places where we have the freedom to select books. Now, however, our right to read is under threat from surveillance laws that affect privacy and free speech. Section 215 of the USA Patriot Act allows law enforcement to search library and bookstore records to find out which books individuals have borrowed or purchased and nullifies the free speech right of the bookstore or library to disclose the search or seek counsel. This specific section of the law is harmful in the following respects: 1. Privacy: The FBI can issue a FISA (Foreign Intelligence Surveillance Act) order to seek records from a bookstore or library regarding book purchases or lending associated with anyone they believe may have information relative to a foreign intelligence investigation. The person under surveillance does not even have to be suspected of criminal activity. Before the Patriot Act, booksellers have successfully invoked First Amendment rights to ask courts to protect reader privacy by dismissing subpoenas. Now, the bookseller or librarian must comply with the FISA order immediately or be subject to arrest. 2. Free speech: In what amounts to a twin blow to the First Amendment, not only are privacy rights affected, but the new law also places a gag order on booksellers and librarians. A FISA order denies us the free speech right to tell anyone (including legal counsel and civil liberties groups) that the FBI has asked for customer reading records. This gag order creates obvious Constitutional conflicts, yet effectively makes both resistance and legal review nearly impossible. 3. The illusion of security: According to many experts, Section 215 is actually counterproductive because it contributes to a glut of non-relevant information. It is folly, of course, to believe that one can predict actions, criminal or otherwise, from the selection of books that one reads. Tellingly, our government's own explanation for why the advance warnings of the horrific 9-11 events were not heeded was that they experienced an information overload, not that they did not have sufficient law enforcement powers. Section 215 will thus divert valuable resources away from future warnings. 4. Censorship: Section 215 puts readers at risk of losing their free speech right to read. When certain books, or books on certain subjects, expose readers to potential surveillance, it is easy to see how people can be intimidated. Some bookstores may decide that they just won't buy certain books. After all, who welcomes an invasive search and the subsequent gag order? Ultimately, in a market economy, this will result in certain books not being published. Do we really want law enforcement deciding which books are politically or patriotically incorrect? Events in the fall of 2001 created good and obvious reasons for fear and uncertainty. Yet our government representatives, in a climate of fear, did not properly debate or reason but instead gave in to panic. The briefly considered and hypocritically named Patriot Act is in urgent need of review. While the reality of terrorism may frighten us, many provisions of this new law actually make us less secure. As booksellers representing five states, The Pacific Northwest Booksellers' Association feels responsible for protecting readers' privacy and defending free speech. We applaud House Representative Bernie Sanders' courage and support his legislative proposal, "The Freedom to Read Protection Act". We also support the review of other measures that threaten or abridge the rights of free expression. Because of the threat of the Justice Department's leak of the impending Patriot Act: Part II, action that protects First Amendment rights takes on new urgency. To maintain a free society, congressional oversight and judicial review of the Executive Branch are essential. Please join Rep. Sanders in preserving our freedom and in protecting the checks and balances that make our democracy function. We thank you on behalf of all Americans who respect our Constitution and hold dear the right to read, think, and speak freely. Signatures: • Bookseller's Resolution to Review Section 215 • Home • Print Name: |