ABA Board Encourages Booksellers to Resume Patriot Act Fight

The Board of Directors of the American Booksellers Association has sent a special appeal to their fellow booksellers to resume the 10-year-old battle to restore the safeguards for reader privacy that were eliminated by the USA Patriot Act. In an e-mail sent on Thursday, April 21, the ABA directors pointed to the recent approval of legislation by the Senate Judiciary Committee as an indication that victory may at last be at hand. “We believe there is a good chance of victory in the next few weeks … but we can only win with your continued help,” they wrote.

Last month, the judiciary committee approved S. 193, which bars the FBI from using the Patriot Act to search bookstore and library records unless they pertain to a suspected terrorist or someone known to the suspected terrorist. The House must also pass a bill, and there is evidence that booksellers are being heard there, too. A test vote in February indicated that a surprising number of Republicans support additional protections for bookstore and library records. The House and Senate are both expected to vote on Patriot Act legislation before the end of May.

In their letter, the ABA directors noted the key role that booksellers played in the early opposition to the Patriot Act’s sweeping surveillance powers. “Together we helped collect more than 200,000 signatures on Patriot Act petitions, and Congress responded,” they wrote. But the reforms adopted at that time did not go far enough. “We must raise our voices again.”

To make the process of communicating with Congress easier, ABA has created an Advocacy Kit, including a set of talking points, sample constituent letters, letters to the editor and an article that can be included in store newsletters. Access the Advocacy Kit here [1].

For more information about efforts to restore reader privacy, visit the Campaign for Reader Privacy website, readerprivacy.org [2].

April 21 E-mail to Members From the ABA Board

Dear Fellow Bookseller,

We have reached a critical moment in our long fight to restore the safeguards for reader privacy that were eliminated by the USA Patriot Act. As your ABA Board and as fellow independent booksellers, we are writing you now because we believe there is a good chance of victory in the next few weeks.

The fight for reader privacy couldn’t have come this far without your support, but we will only win with your continued help. Since the passage of the Patriot Act in 2001, booksellers have been in the forefront of those demanding reforms that will protect civil liberties. Together, we helped collect more than 200,000 signatures on Patriot Act petitions in 2005, and Congress responded. We must raise our voices again.

To fully understand the current situation, it may be useful to remember how we felt a decade ago when the Patriot Act was passed. The 9/11 attacks were deeply shocking to all Americans. We were terrified by the violence and deeply worried about the possibility of more terrorism.

It was in this atmosphere of near panic that the Patriot Act was rushed through Congress in a mere six weeks. Many of the legislators who voted for the bill later confessed that they did not know what was in it.

We were shocked to learn that the Patriot Act authorizes the government to search any records that it considers “relevant” to a terrorism investigation, including bookstore and library records. We know that if our customers fear the government is reading over their shoulders they will lose the freedom to read what they want.

So we fought back. Booksellers, librarians, publishers and writers launched the Campaign for Reader Privacy (CRP), and Congress listened. In 2005, it gave those receiving secret search orders the right to challenge them in court.

But Congress didn’t go far enough. It allowed the FBI to continue to search all records that it considered “relevant,” including the records of people who were not suspected of criminal conduct, much less terrorism.

Today, at last, there is a good chance that we can get Congress to restore the most important protections for bookstore and library records.

Last month the Senate Judiciary Committee approved a bill that extends provisions of the Patriot Act that expire at the end of May. This time, however, it included language that bars the FBI from using the Patriot Act to search bookstore and library records unless they pertain to a suspected terrorist or someone known to the terrorist. If S. 193 becomes law, it will eliminate the danger that the government can use the Patriot Act to engage in fishing expeditions in reader records.

The House must also pass a re-authorization bill, and there is evidence that we are being heard there, too. A test vote in February showed surprising support for additional reader privacy protections. Thirty-two Republicans joined 164 Democrats in voting for the change.

We are also joined by important allies. Both Attorney General Eric Holder and Senator Dianne Feinstein, the chair of the Senate Intelligence Committee, support additional protections for bookstore and library records.

But we booksellers must continue to lead the fight. As ABA Board members and fellow booksellers we are writing to urge you to tell your representatives in the House and Senate that they must finally fix the Patriot Act. ABA has assembled some advocacy material to help you quickly and effectively communicate with Congress, including sample letters, talking points and other material.

We know that many of you have received recent e-mails from ABA asking for your help in the sales tax fairness fight – and we know, too, just how busy your day is with your store responsibilities. But we couldn’t be more certain that you understand the critical importance of this fight for civil liberties and reader privacy.

Please act soon. A vote in the Senate could occur in the next few weeks.

With your help, we can win the fight!

Thank you.

Sincerely,

Michael Tucker
ABA President
Books Inc. [3]
San Francisco, CA

Becky Anderson
ABA Vice President/Secretary
Anderson’s Bookshops [4]
Naperville, IL

Sarah Bagby
Watermark Books [5]
Wichita, KS

Steve Bercu
BookPeople [6]
Austin, TX

Betsy Burton
The King’s English Bookshop [7]
Salt Lake City, UT

Tom Campbell
The Regulator Bookshop [8]
Durham, NC

Dan Chartrand
Water Street Bookstore [9]
Exeter, NH

Beth Puffer
Bank Street Bookstore [10]
New York, NY

Ken White
San Francisco State University Bookstore [11]
San Francisco, CA