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IP: ALA letter on Intelligence Authorization bill


From: David Farber <dave () farber net>
Date: Fri, 31 Aug 2001 17:32:00 -0400




ALAWON: American Library Association Washington Office Newsline
Volume 10, Number 63
August 31, 2001

In this issue:
[1] ALA Seeks Postponement of Hearing on Leaks Provision
[2] Text of Letter to Senator Graham


[1] ALA Seeks Postponement of Hearing on Leaks Provision

ALA has joined with many other groups concerned about the "leaks"
provision to the Intelligence Authorization bill that is currently
under consideration by the Senate Select Committee on
Intelligence. We are very concerned that the provision would
diminish the public's right-to-know and raise First Amendment
implications by discouraging dissent and disclosure of
governmental misconduct and by criminalizing disclosure of
information that may be unmarked but classified.

ALA, together with the American Association of Law Libraries(AALL)
and the Association of Research Libraries (ARL), has written a
letter to Senator Bob Graham, Chair of the Select Committee on
Intelligence, requesting a postponement of the hearing on the
provision, now scheduled for September 5th. We also request that
the provision be subject to a public debate, preceded by deeper
consideration and a much more extensive discussion of the
provision's far-reaching implications.  Because this bill has such
far-reaching impacts, we would like it to be proposed as a stand-
alone bill, not as a provision attached to a larger bill. (Full
text of letter follows in this email.)

ALA is also part of a larger group effort to convince Senator Graham to
postpone this unwise course of action.

The ALA Washington Office is following this issue very closely and
will keep members informed as it develops. Stay tuned to ALAWON
for the latest news.

[2] Text of Letter to Senator Graham:


August 31, 2001


The Honorable Bob Graham
Chairman, Select Committee on Intelligence
211 Hart Office Building
United States Senate
Washington, DC 20510

Sent via messenger

Dear Senator Graham:

On behalf of the American Library Association (ALA), the American
Association of Law Libraries (AALL) and the Association of
Research Libraries (ARL), we write to you today to request that
you not hold a hearing on September 5th on a "leaks"
criminalization provision under consideration as part of the
Intelligence Authorization bill presently before your Committee.
We further request that you not include the "leaks" provision in
the Chairman's mark or in any legislation that moves to the Senate
floor this session.

ALA, AALL and ARL are strongly committed to broad public access to
government information and the public's right-to-know. Together,
we represent over 80,000 librarians nationwide. Last year, we
opposed a similar provision that was added to the Intelligence
Authorization Act, legislation subsequently vetoed by President
Clinton.

Having just recently learned of the scheduled hearing on the
"leaks" provision, we do not believe that there has been
sufficient time or adequate public notice to all stakeholders
about this hearing. Further, we believe that authorization
legislation is not the appropriate vehicle for the "leaks"
proposal that raises very serious First Amendment and balance of
power implications. Participation in this debate by all interested
stakeholders, including researchers, the library community and
others, requires more time and opportunity to prepare for a public
hearing on what we believe should be separate legislation rather
than an add-on to an authorization bill.

We continue to believe that the "leaks" proposal is overly broad.
We are very concerned that the provision would diminish the
public's right-to-know and raise First Amendment implications by
discouraging dissent and disclosure of governmental misconduct and
by criminalizing disclosure of information that may be unmarked
but classified.

If the intent of Congress is to assign new powers to the executive
branch, then at a minimum there should be full public hearings and
debate before all appropriate congressional committees, including
the Senate Judiciary Committee, on a stand-alone bill. Lastly, it
is our understanding that President Bush is still considering
policy issues in this arena and the Administration has not
requested such legislation at this time. Based on these facts, we
see no need to expedite the "leaks" proposal without a full
analysis and review, including opportunities for public comment
and participation.

Mr. Chairman, we therefore respectfully request that you postpone
the September 5th hearing and that you not include the "leaks"
provision in the Chairman's mark or in any legislation that moves
to the Senate floor this session. Thank you.

Sincerely,

Emily Sheketoff
Executive Director
ALA Washington Office

Prudence Adler
Associate Executive Director
Association of Research Libraries

Mary Alice Baish
Associate Washington Affairs Representative
American Association of Law Libraries








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Director; Mary Costabile, Peter Kaplan, Miriam Nisbet and
Claudette Tennant. Office for Information Technology Policy: Rick
Weingarten, Director; Jennifer Hendrix, Carrie Russell and Saundra
Shirley. ALAWON Editor: Bernadette Murphy.


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