Patriot Act controversy rages on
Government Has Not Tracked Bookstore or Library Activity, Ashcroft Says
(Taken in part from an article by Dan Eggen — Washington Post Staff Writer)
The Justice Department has escalated its attack on opponents of the USA Patriot Act , ridiculing criticism of the anti-terrorism law and accusing some lawmakers of ignoring classified reports that showed the government has never used its power to monitor individuals' records at bookstores and libraries.
Attorney General John D. Ashcroft labeled critics of the law "hysterics" and said "charges of abuse of power are ghosts unsupported by fact or example."
Ashcroft's comments came after the release of a memo he wrote disclosing that the Justice Department has never used a controversial section of the Patriot Act that allows authorities in terrorism investigations to obtain records from libraries, bookstores and other businesses without notifying the subject of the probe.
By disclosing that the provision has never been used, Ashcroft and other Justice officials hope to neutralize much of the criticism and beat back attempts to curb the law, officials said.
The Justice Department did not disclose how many times investigators have used a similar tool, national security letters, to obtain business records. Sources have said that scores of such letters have been used since the Sept. 11, 2001, attacks.
The department also took special aim at some members of Congress who have implied that Ashcroft was spying on Americans' book-reading habits, despite the lawmakers' access to classified reports that showed that the Patriot Act provision had never been used.
Some senators, who voted for the Patriot Act when it was approved in October 2001, are now concerned about potential abuse of some parts of the statute. They contend that Justice officials have offered confusing information about the monitoring of library use. One Justice official testified earlier this year that the FBI had sought records from about 50 libraries, but that most, if not all, of the requests were part of criminal investigations, not counterterrorism probes.
The American Civil Liberties Union, which has filed a lawsuit challenging the government's powers to monitor such records, said its concerns were not allayed. "What we've always been focused on is the scope of the law itself, and that hasn't changed at all," ACLU attorney Ann Beeson said. "They could use it tomorrow and we would never know, and that makes it extremely dangerous."
Ashcroft's decision to publicly disclose the previously classified information marked a turnabout for Justice, which has consistently resisted requests for the information on the basis of national security concerns. Ashcroft is in the midst of a cross-country tour in defense of the Patriot Act.
More than 150 cities and three states have passed resolutions condemning the legislation as an attack on individual liberties.
The House voted in July to cut off funding for "sneak-and-peek" searches, in which investigators do not immediately notify the subject that a search has been conducted.
Ashcroft and the administration have reacted aggressively, vowing to thwart any attempts to limit the Patriot Act's reach. He has unleashed aggressive new rhetoric in several appearances.
At a speech in Memphis, for example, the attorney general said he sought to clarify who should be worried about government monitoring. "If your idea of a vacation is two weeks in a terrorist training camp" or "if you enjoy swapping recipes for chemical weapons from your 'Joy of Jihad' cookbook," Ashcroft said, "you might be a target of the Patriot Act."
ALA renews call for legislative amendments to PATRIOT Act
The American Library Association welcomed news reports that the Department of Justice had declassified its report on Section 215 of the USA PATRIOT Act.
"I am glad the Attorney General finally agreed to declassify this report after almost two years of seeking an open and full accounting of activity by federal agents in libraries," said ALA President Carla Hayden. "We hope this symbolizes a significant commitment to ongoing reporting to the American public and the U.S. Congress. As librarians, we understand the importance of open access to information. The American public deserves no less. We were surprised to learn, however, that the Justice Department has never utilized Section 215 relating to the production of business records, particularly in light of previous statements from the Justice Department."
For example: Last December, assistant attorney general Daniel Bryant said information had been sought from libraries on a voluntary basis and under traditional legal authorities, possibly including national security letters. In March 2003, Justice Department spokesperson Mark Corallo said libraries had become a logical target of surveillance. In May 2003, in testimony before members of Congress, assistant attorney general Viet Dinh said federal agents had visited about 50 libraries.
"In any case, we hope members of Congress will restore the historic protections of library records and pass one of the legislative proposals currently on the floor.”
"Legislators and the general public can be assured that traditional legal protections extended to library records are not an obstacle to ensuring national security.
The State of the First Amendment survey
The State of the First Amendment survey, released by the First Amendment Center each year, is a reality check on how Americans view their first freedoms of speech, press, assembly, religion and petition.
The survey, conducted annually since 1997 by the Center for Survey Research & Analysis at the University of Connecticut, examines public attitudes toward freedom of speech, press, religion and the rights of assembly and petition.
In 2003, Americans’ support for their First Amendment freedoms – shaken by the events of Sept. 11, 2001 – appears to be returning to pre-9/11 levels.
Among the key findings of this year’s survey:
* About 60% of respondents indicated overall support for First Amendment freedoms, while 34% said the First Amendment goes too far.
* 52% said media ownership by fewer corporations has meant a decreased number of viewpoints available to the public; 53% said the quality of information also has suffered.
* Almost eight in 10 respondents said owners exert substantial influence over news organizations’ newsgathering and reporting decisions. Only 4% said they believed there is no tampering with story selection or play.
* 54% favored maintaining limits on how many radio, television and newspaper outlets may be owned by a single company, but 50% opposed any increased regulation.
* 65% favored the policy of “embedding” U.S. journalists into individual combat units; 68% said the news media did an excellent or good job in covering the war in Iraq.
* 48% said they believe Americans have too little access to information about the federal government’s efforts to combat terrorism – up from 40% last year.
* About 55% of those surveyed opposed a constitutional amendment to ban flag-burning, up from 51% in 2002.