II
109th CONGRESS
1st Session
S. 317
IN THE SENATE OF THE UNITED STATES
February 8, 2005
Mr. Feingold (for himself, Mr. Akaka, Mr. Bingaman, Ms. Cantwell, Mr. Corzine, Mr. Dayton, Mr. Durbin, Mr. Jeffords, Mr. Kennedy, and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To protect privacy by limiting the access of the Government to library, bookseller, and other personal records for foreign intelligence and counterintelligence purposes.
Short title
This Act may be cited as the
Library, Bookseller, and Personal
Records Privacy Act
.
Privacy protections on Government access to library, bookseller, and other personal records under Foreign Intelligence Surveillance Act of 1978
Applications for orders
Subsection (b) of section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is amended—
in paragraph (1),
by striking and
at the end;
in paragraph (2),
by striking the period at the end and inserting ; and
;
and
by adding at the end the following new paragraph:
shall specify that there are specific and articulable facts giving reason to believe that the person to whom the records pertain is a foreign power or an agent of a foreign power.
.
Orders
Subsection
(c)(1) of that section is amended by striking finds
and all that
follows and inserting
finds that—
there are specific and articulable facts giving reason to believe that the person to whom the records pertain is a foreign power or an agent of a foreign power; and
the application meets the other requirements of this section.
.
Oversight of requests for production of records
Section 502 of that Act (50 U.S.C. 1862) is amended—
in subsection
(a), by striking the Permanent
and all that follows through
the Senate
and inserting the Permanent Select Committee
on Intelligence and the Committee on the Judiciary of the House of
Representatives and the Select Committee on Intelligence and the Committee on
the Judiciary of the Senate
; and
in subsection
(b), by striking On a semiannual basis,
and all that follows
through a report setting forth
and inserting The report
of the Attorney General to the Committees on the Judiciary of the House of
Representatives and the Senate under subsection (a) shall set
forth
.
Privacy protections on Government access to information on computer users at booksellers and libraries under national security authority
In general
Section 2709 of title 18, United States Code, is amended—
by redesignating subsection (e) as subsection (f); and
by inserting after subsection (d) the following new subsection (e):
Records of booksellers and libraries
When a request under this section is made to a bookseller or library, the certification required by subsection (b) shall also specify that there are specific and articulable facts giving reason to believe that the person or entity to whom the records pertain is a foreign power or an agent of a foreign power.
In this subsection:
The term bookseller means a person or entity engaged in the sale, rental, or delivery of books, journals, magazines, or other similar forms of communication in print or digitally.
The term library means a library (as that term is defined in section 213(2) of the Library Services and Technology Act (20 U.S.C. 9122(2))) whose services include access to the Internet, books, journals, magazines, newspapers, or other similar forms of communication in print or digitally to patrons for their use, review, examination, or circulation.
The terms foreign power and agent of a foreign power have the meaning given such terms in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
.
Sunset of certain modifications on access
Section 224(a) of the USA PATRIOT
ACT of 2001 (Public Law 107–56;
115
Stat. 295) is amended by inserting and section
505
after by those sections)
.