Category: usapa

National Security Letters, USAPA and you

Posted on by jessamyn

The Washington Post has an article about the USA PATRIOT Act case from Connecticut, now with details and a long discussion about National Security Letters. Please note the software angle in this article.

[The FBI] gave George Christian the letter, which warned him to tell no one, ever, what it said.

Under the shield and stars of the FBI crest, the letter directed Christian to surrender “all subscriber information, billing information and access logs of any person” who used a specific computer at a library branch some distance away. Christian, who manages digital records for three dozen Connecticut libraries, said in an affidavit that he configures his system for privacy. But the vendors of the software he operates said their databases can reveal the Web sites that visitors browse, the e-mail accounts they open and the books they borrow. [emphasis mine]

So you can configure a system to be as private as you can make it, but it may not be private enough.

Big USA PATRIOT Act News

Posted on by jessamyn

The judge in the USA PATRIOT Act case in Connecticut [John Doe, et al v Alberto Gonzales, 3:05CV1256] has granted the plaintiff’s motion for preliminary relief [pdf]. Very interesting language in the opinion regarding the USAPA gag order provisions

Considering the current national interest in and the important issues surrounding the debate on renewal of the PATRIOT Act provisions, it is apparent to this court that the loss of Doe’s ability to speak out now on the subject as a NSL recipient is a real and present loss of its First Amendment right to free speech that cannot be remedied.

and later

The potential for abuse is written into the statute: the very people who might have information regarding investigative abuses and overreaching are preemptively prevented from sharing that information with the public…

and later

The defendants have failed to show a compelling state interest that is served by gagging the plaintiffs with regard to Doe’s identity. If the government’s interest is more broadly defined as preventing an unknown subject of the government’s investigation from learning of the government’s investigation, which would support a finding of a compelling interest, the gag provision as to Doe’s identity is not narrowly tailored to serve that interest.

Ashcroft’s “hysteria” remark winds up in the decision as well. The injunction is stayed until the 20th of September to give the government some time to appeal. [alacoun]

USA PATRIOT Act extension one step closer

Posted on by jessamyn

The House voted to make 14 out of 16 USAPA provisions permanent yesterday. The bill — HR 3199 –that they approved also proposed 10 year extensions to our favorite section, Section 215, with an interesting change.

One amendment, passed by a 402-26 vote, requires the FBI director to personally approve any request for library or bookstore records.

Open CRS and USAPA

Posted on by jessamyn

I read a mailing list called Secrecy News via RSS. One of the things they frequently link to are Congressional Research Service reports. These produce some of the best research out there on various important topics. They are public domain content and are free as in beer. However it’s often easier to find these documents via fee-based services than out on the open web despite web sites like Open CRS. There is a newish report that should be required reading for all librarians: Libraries and the USA PATRIOT Act, originally published in February 2003 now updated for July 2005.