Lawsuit Aims to Halt FBI’s Pursuit of Records

The American Civil Liberties Union has filed a lawsuit to block the FBI from obtaining records from an organization possessing information about library patrons.

The ACLU released a government-censored version of the lawsuit Thursday. The case was filed under seal Aug. 9 in U.S. District Court in Bridgeport, Conn., because the law under which the FBI acted barred the organization or its lawyers from “disclosing to any person” that the FBI had demanded information.

ACLU Associate Legal Director Ann Beeson said the FBI and the Justice Department had censored the document and had allowed the release of that version.

The ACLU said its client “possesses a wide array of sensitive information about library patrons, including information about the reading materials borrowed by library patrons and about Internet usage by library patrons.”

The censored document makes clear the client is a member of the American Library Assn.

The document strongly suggests the client is a library or library system and its manager. Because of provisions of the law used by the FBI and the fact that some businesses that supply libraries are members of the library association, it was at least possible the client was a business that provided Internet access to a library system. Beeson said the government would not allow her to clarify that.

U.S. District Judge Janet Hall has scheduled an Aug. 31 hearing in Bridgeport on the ACLU’s request to lift the gag order so its client can participate in debate over the Patriot Act, which Congress is considering reauthorizing.

“Our client wants to tell the American public about the dangers of allowing the FBI to demand library records without court approval,” Beeson said.

“If our client could speak, he could explain why Congress should adopt additional safeguards that would limit Patriot Act powers.”

Justice Department spokesman Charles Miller declined to comment on the ACLU lawsuit or on the number of such requests the government has made. The FBI also declined to comment.