Question: Can the FBI look at your library records any time they want?
Answer: No, they cannot. Access to library records is strictly governed by law.
A person's library records may be subpoenaed by a federal grand jury for a specific case. Special Agents of the FBI are also able to obtain records with a criminal search warrant in the course of an investigation. Now, under Section 215 of the U.S.A. Patriot Act of 2001 (which does not single out library records, but applies to "books, records, papers, documents, and other items" from any source), the FBI may be granted authorization by the federal FISA court to access records in an investigation specific to international terrorism or foreign intelligence. In this last case, the FBI must certify to a judge that these records are sought "for an investigation to obtain foreign intelligence information not concerning a U.S. person or to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a U.S. person is not conducted solely upon the basis of activities protected by the First Amendment to the Constitution." In any investigation, of course, including those in which Section 215 is invoked, it is important to maintain secrecy both to protect the integrity of the case and to protect the reputation of the individual being investigated, in the event no charges are brought. In all search warrants (FISA or otherwise), an inventory of the items obtained must be returned to the authorizing court/judge and that inventory becomes part of a court record. Non-judicially reviewed requests (NSLs and Administrative Subpoenas) are severely limited in what they can obtain and the approval process requires 4 levels of approval at the field office level and (in the case of NSLs) FBI HQ sign off. ALL of which will not sign off on something that will get them in trouble later.
The media has made a very large deal about this library thing (when it really never was the intent and only rarely used). The reality is, it would be easier for me to get drunk and rob a bank and get away with it than it would be for me to obtain an NSL or FISA court order under false pretenses.
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branchandroot
(no subject)
Date: 2007-10-12 05:55 pm (UTC)(no subject)
Date: 2007-10-12 09:48 pm (UTC)I've failed!!! ;)
Question: Can the FBI look at your library records any time they want?
Answer: No, they cannot. Access to library records is strictly governed by law.
A person's library records may be subpoenaed by a federal grand jury for a specific case. Special Agents of the FBI are also able to obtain records with a criminal search warrant in the course of an investigation. Now, under Section 215 of the U.S.A. Patriot Act of 2001 (which does not single out library records, but applies to "books, records, papers, documents, and other items" from any source), the FBI may be granted authorization by the federal FISA court to access records in an investigation specific to international terrorism or foreign intelligence. In this last case, the FBI must certify to a judge that these records are sought "for an investigation to obtain foreign intelligence information not concerning a U.S. person or to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a U.S. person is not conducted solely upon the basis of activities protected by the First Amendment to the Constitution." In any investigation, of course, including those in which Section 215 is invoked, it is important to maintain secrecy both to protect the integrity of the case and to protect the reputation of the individual being investigated, in the event no charges are brought. In all search warrants (FISA or otherwise), an inventory of the items obtained must be returned to the authorizing court/judge and that inventory becomes part of a court record. Non-judicially reviewed requests (NSLs and Administrative Subpoenas) are severely limited in what they can obtain and the approval process requires 4 levels of approval at the field office level and (in the case of NSLs) FBI HQ sign off. ALL of which will not sign off on something that will get them in trouble later.
The media has made a very large deal about this library thing (when it really never was the intent and only rarely used). The reality is, it would be easier for me to get drunk and rob a bank and get away with it than it would be for me to obtain an NSL or FISA court order under false pretenses.