For immediate release

For further information, contact:
Chris Finan, American Booksellers Foundation for Free Expression, (212) 587-4025
chris@abffe.com

Judith F. Krug, American Library Association, (312) 280-4222, jkrug@ala.org

NEW YORK, N.Y., May 15, 2003–The book and library community today announced its strong support for the Freedom to Read Protection Act (H.R. 1157), a bill that restores the protections for the privacy of book and library records that were eliminated by the U.S.A. Patriot Act. Thirty two groups representing booksellers, librarians, book publishers, authors and others joined several companies, including Barnes & Noble Booksellers and Borders Group Inc., in issuing a statement supporting H.R. 1157, which was introduced by Congressman Bernie Sanders (I-VT) on March 6. “The book community is united in believing that Section 215 of the Patriot Act threatens First Amendment freedom by making people afraid that their purchase and borrowing records may be monitored by the government,” Chris Finan, president of the American Booksellers Foundation for Free Expression, said. To view the complete statement, go to: http://www.freeexpression.org/ftrpa.htm.

“Protecting the confidentiality of one’s use of the library is of primary concern to librarians,” Judith F. Krug, executive director of the American Library Association’s Office for Intellectual Freedom, said. “Rep. Sanders’ bill would restore this core value of librarianship.” Krug is also executive director of the Freedom to Read Foundation.

Under Section 215 of the Patriot Act, FBI agents do not need to prove they have “probable cause” before searching bookstore or library records: they can get access to the records of anyone whom they believe to have information that may be relevant to a terrorism investigation, including people who are not suspected of committing a crime or of having any knowledge of a crime. The request for an order authorizing the search is heard by a secret court in a closed proceeding, making it impossible for a bookseller or librarian to have the opportunity to object on First Amendment grounds prior to the execution of the order. Because the order contains a gag provision forbidding a bookseller or librarian from alerting anyone to the fact that a search has occurred, it would be difficult to protest the search even after the fact.

If H.R. 1157 is enacted, law enforcement officials will still be able to subpoena bookstore and library records crucial to an investigation, but the courts will exercise their normal scrutiny in reviewing these requests.

H.R. 1157 is co-sponsored by 95 members of the House, including eight Republicans. For a complete list, go to http://news.bookweb.org/freeexpression/1257.html.

The signers of the statement are Alibris.com, American Association of Law Libraries, American Booksellers Association, American Booksellers Foundation for Free Expression, American Library Association, American Society of Journalists and Authors, Association of American Publishers, Association of American University Presses, Association of Booksellers for Children, Authors Guild, Barnes & Noble Booksellers, Books-A-Million, Borders Group Inc., Children’s Book Council, Comic Book Legal Defense Fund, Florida Publishers Association, Freedom to Read Foundation, Great Lakes Booksellers Association, Medical Library Association, Mid-South Independent Booksellers Association, Mountains and Plains Booksellers Association, Mystery Writers of America, National Association of College Stores, New Atlantic Independent Booksellers Association, New England Booksellers Association, Northern California Independent Booksellers Association, Pacific Northwest Booksellers Association, PEN American Center, PEN USA West, Publishers Association of the South, Publishers Association of the West, Publishers Marketing Association, Southeast Booksellers Association, Southern California Booksellers Association, Special Libraries Association, Upper Midwest Booksellers Association.