On the recordJune 6, 2005
no one is saying the FBI should not be allowed to conduct voluntary interviews. A voluntary interview is certainly a legitimate and often nonintrusive investigative technique. But the FBI agents must not be out there in effect demanding the records of our citizens without following proper legal procedures. Since the FBI has been so reluctant to discuss the activities relating to these discreet inquiries of libraries, the PATRIOT Act should require the Bureau to report on this topic. At a minimum, they should be required to tell the Congress how this information is being used so the Congress can determine whether the FBI's use of this provision is appropriate. In several other areas of the PATRIOT Act there should be modifications. A major problem area, for example, is section 505 that deals with national security letters. National security letters are another way for FBI agents to obtain records. Unlike FISA warrants, national security letters do not require the approval of a judge. The FBI has said the national security letters can be appealed, but the current PATRIOT Act does not specifically discuss this. It is often difficult for recipients to learn more about the requests in their letters and their right to refuse since they are usually barred from discussing the letter with anyone, including a lawyer. In the recent case of Doe v.…
Source
govinfo.gov




