[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1158 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1158

To exempt bookstores and libraries from orders requiring the production 
  of tangible things for foreign intelligence investigations, and to 
 exempt libraries from counterintelligence access to certain records, 
  ensuring that libraries and bookstores are subjected to the regular 
                   system of court-ordered warrants.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 23, 2003

  Mrs. Boxer introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To exempt bookstores and libraries from orders requiring the production 
  of tangible things for foreign intelligence investigations, and to 
 exempt libraries from counterintelligence access to certain records, 
  ensuring that libraries and bookstores are subjected to the regular 
                   system of court-ordered warrants.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Library and Bookseller Protection 
Act''.

SEC. 2. EXEMPTION OF BOOKSTORES AND LIBRARIES FROM ORDERS REQUIRING 
              PRODUCTION OF TANGIBLE THINGS FOR FOREIGN INTELLIGENCE 
              INVESTIGATIONS.

    Section 501 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1861) is amended by adding at the end the following new 
subsection:
    ``(f)(1) No application may be made under this section having the 
purpose or effect of searching for, or seizing from, a bookseller or 
library documentary materials that contain personally identifiable 
information concerning a patron of such bookseller or library.
    ``(2) Nothing in this subsection shall be construed as precluding a 
physical search for documentary materials referred to in paragraph (1) 
under other provisions of law, including under section 303.
    ``(3) In this subsection:
            ``(A) The term `bookseller' means any person or entity 
        engaged in the sale, rental, or delivery of books, journals, 
        magazines, or other similar forms of communication in print or 
        digitally.
            ``(B) The term `library' has the meaning given that term 
        under 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.
            ``(C) The term `patron' means any purchaser, renter, 
        borrower, user, or subscriber of goods or services from a 
        library or bookseller.
            ``(D) The term `documentary materials' means any document, 
        tape, or other communication created by a bookseller or library 
        in connection with print or digital dissemination of a book, 
        journal, magazine, newspaper, or other similar form of 
        communication, including access to the Internet.
            ``(E) The term `personally identifiable information' 
        includes information that identifies a person as having used, 
        requested, or obtained specific reading materials or services 
        from a bookseller or library.''.

SEC. 3. EXCLUSION OF LIBRARIES FROM AUTHORITIES ON ACCESS TO TELEPHONE 
              AND TRANSACTIONAL RECORDS FOR COUNTERINTELLIGENCE 
              PURPOSES.

    Section 2709 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by inserting ``(1)'' before ``A wire or 
                electronic communication service provider''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2) A library shall not be treated as a wire or electronic 
communication service provider for purposes of this section.''; and
            (2) by adding at the end the following new subsection:
    ``(f) Definition.--In this section, the term `library' has the 
meaning given that term under 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.''.
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