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Law Librarians & Government Advocacy: The USA PATRIOT Act and Beyond Leah Sandwell-Weiss Rogers College of Law The University of Arizona
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Agenda The USA PATRIOT Act Government Advocacy in AALL Current Issues What You Can Do Questions?
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USA PATRIOT Act Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (Public Law 107-56)
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USA PATRIOT Act Title II: Enhanced Surveillance Procedures - Section 215 Title III: International Money Laundering Abatement and Anti- Terrorist Financing Act of 2001 Title IV: Protecting the Border
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USA PATRIOT Act Title V: Removing Obstacles to Investigating Terrorism - NSLs Title VIII: Strengthening the Criminal Laws against Terrorism Title IX: Improved Intelligence
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Business records under FISA Old law - FISA court could order seizure Of specific types of business records, such as lodging, storage and car rental records Without probable cause In foreign intelligence investigation No discretion
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Business records under Section 215 FBI can request a FISA court to order any person or entity to turn over “any tangible things... for an investigation to protect against international terrorism or clandestine intelligence activities....”
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Reactions from Librarians Library Community Statement on Freedom of Speech and Access to Information Web pages developed Videoconference Librarians spoke out
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Technically Legal Library Signs Courtesy of Jessamyn West, www.librarian.net/technicality.htmlwww.librarian.net/technicality.html
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Librarian Values Provide information on all kinds of subjects & from all perspectives to our communities Assure access to government information Fight for civil liberties, including freedom of expression and privacy
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AALL’s Government Advocacy 1908 – First AALL President lobbies Congress to provide Statutes at Large to law libraries 1927 –Legislation proposed by AALL passed & signed into law 1939 – AALL provides testimony to a Congressional Committee
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Coalitions with Library Associations 1942 - Helps found the Council of National Library Associations 1943 – Joins with ALA & ARL to form Joint Committee on Government Publications 60s & 70s – Helps organize Joint Libraries Committee on the Copyright Law
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AALL Takes Action 1985 – Special Committee on the Future of AALL identifies AALL’s “lack of leadership” 1988 – Special Committee develops ideas to improve advocacy 1989 – Washington Affairs Office established Robert Oakley & Mary Alice Baish
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Washington Affairs Office Key Tasks Educate legislators, policymakers, & press Influence legislators & policymakers Work with other groups Train AALL members to be grassroots activists
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Educating AALL Members Annual Legislative & Regulatory Update Advocacy Training Workshops Programs at AALL Speakers
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Education Efforts WAO Website: www.ll.georgetown.edu/aallwash/ www.ll.georgetown.edu/aallwash/ GRC Website: www.aallnet.org/committee/govr/ www.aallnet.org/committee/govr/ Action Alerts Washington Brief column
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Government Advocacy Focus Copyright laws Protecting public access Protecting intellectual freedom
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Copyright Helped prevent passage of database protection legislation Joined other organizations on several amicus briefs Successfully opposed UCITA Orphan works
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Public Access to Information Supported plaintiffs in litigation on Vice-President’s Energy Policy meetings OpenTheGovernment.org Working with GPO Permanent Public Access Report: www.ll.georgetown.edu/aallwash/PPAreport.htm
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Public Access to Information E-Government Act www.regulations.gov www.regulations.gov Re-classification of documents at National Archives EPA Libraries
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USA PATRIOT Act DOJ’s Website: www.lifeandliberty.gov www.lifeandliberty.gov National Security Letters USA PATRIOT Act Improvement and Reauthorization Act of 2005, Pub. L. 109-177 USA PATRIOT Act Additional Reauthorization Amendments Act of 2006, Pub. L. 109-178
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Provisions of Reauthorization Some not related to fighting terrorism Extended sunset dates for Section 215 and 2 other provisions New requirements for Section 215 orders Limits who can approve requests to FISA Court Statement of facts establishing relevancy
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New Provisions, cont’d Right to consult attorney & challenge order Right to appeal gag order pursuant to Section 215 order or NSL after 1 year Libraries functioning in traditional roles exempt from NSLs – unless... They are “electronic communication service” providers
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New Provisions, cont’d IG required to do audits & DOJ report on 215 orders – except... President’s signing statement: will “withhold information... which could impair...the performance of the Executive’s constitutional duties.”
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Proposed Legislation S. 2369 Enhanced judicial review of FISA orders & NSLs; Enhanced factual basis for FISA orders; and Sunset date for NSL provisions
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What Can You Do? Stay Informed Advocacy alerts Washington Brief columns beSpacific: www.bespacific.com www.bespacific.com Law Librarian Blog: www.lawprofessors.typepad.com/law_librarian_ blog/ www.lawprofessors.typepad.com/law_librarian_ blog/ www.lawprofessors.typepad.com/law_librarian_ blog/ LibraryLaw Blog: http://blog.librarylaw.com http://blog.librarylaw.com
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Hot Off the Presses New CRS Report: USA PATRIOT Improvement and Reauthorization Act of 2005: A Legal Analysis, March 24, 2006, www.fas.org/sgp/crs/intel/RL33332.pdf www.fas.org/sgp/crs/intel/RL33332.pdf Secrecy News: www.fas.org/blog/secrecy/ www.fas.org/blog/secrecy/
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What Can You Do? Respond quickly to Action Alerts Phone, fax, or email legislators – or take time for a short, handwritten note Quantity v. Quality Issues may need to be responded to more than once
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Last Bit of Advice Get to know your legislators! Develop contacts Attend meetings Offer your services Write letters often Show appreciation
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Law Librarians & Government Advocacy: The USA PATRIOT Act and Beyond Questions?
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