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.

1.

Short title

This Act may be cited as the Library, Bookseller, and Personal Records Privacy Act.

2.

Privacy protections on Government access to library, bookseller, and other personal records under Foreign Intelligence Surveillance Act of 1978

(a)

Applications for orders

Subsection (b) of section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is amended— (1)in paragraph (1), by striking and at the end; (2)in paragraph (2), by striking the period at the end and inserting ; and; and (3)by adding at the end the following new paragraph: (3)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. . (b)

Orders

Subsection (c)(1) of that section is amended by striking finds and all that follows and inserting finds that—(A)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 (B)the application meets the other requirements of this section. . (c)

Oversight of requests for production of records

Section 502 of that Act (50 U.S.C. 1862) is amended— (1)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 (2)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.

3.

Privacy protections on Government access to information on computer users at booksellers and libraries under national security authority

(a)

In general

Section 2709 of title 18, United States Code, is amended— (1)by redesignating subsection (e) as subsection (f); and (2)by inserting after subsection (d) the following new subsection (e): (e)

Records of booksellers and libraries

(1)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. (2)In this subsection: (A)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. (B)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. (C)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). . (b)

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).