funsec mailing list archives

Re: Federal agents' visit was a hoax


From: Valdis.Kletnieks () vt edu
Date: Thu, 29 Dec 2005 20:19:39 -0500

On Thu, 29 Dec 2005 18:13:56 CST, Paul Schmehl said:

It's not sad at all.  It's the inevitable result of repeatedly lying about 
what the government is doing.  The best example is the claim that they spy 
on libraries, which is what this man was taking advantage of.  There's not 
a single word in the Patriot Act about libraries, but that doesn't stop its 
opponents from repeating the canard or the press from credulously repeating 
the canard.

Of course there isn't a single word *about libraries* directly.  However, what
there *is* in the Patriot Act is language authorizing the issuance of an NSL
for "books, records, papers, documents, and others" (usually abbreviated to
"business records"). Show me where a library's list of who has what book
checked out is *not* subject to section 215 as a business record of the
library... (incidentally, 215 is *very* wide-reaching, as it basically says
that *any* paper trail you leave *anyplace* is "fair game" for an NSL)

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=107_cong_public_laws&docid=f:publ056.107

SEC. 215. ACCESS TO RECORDS AND OTHER ITEMS UNDER THE FOREIGN 
            INTELLIGENCE SURVEILLANCE ACT.

    Title V of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1861 et seq.) is amended by striking sections 501 through 503 and 
inserting the following:

``SEC. 501. <<NOTE: 50 USC 1861.>> ACCESS TO CERTAIN BUSINESS RECORDS 
            FOR FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM 
            INVESTIGATIONS.

    ``(a)(1) The Director of the Federal Bureau of Investigation or a 
designee of the Director (whose rank shall be no lower than Assistant 
Special Agent in Charge) may make an application for an order requiring 
the production of any tangible things (including books, records, papers, 
documents, and other items) for an investigation to protect against 
international terrorism or clandestine intelligence activities, provided 

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