Library and Bookseller Protection Act (Introduced in Senate)
S 1158 IS
108th CONGRESS 1st Session S. 1158
To exempt bookstores and libraries from orders requiring the production of tangible things for foreign intelligence investigations, and to exempt libraries from counterintelligence access to certain records, ensuring that libraries and bookstores are subjected to the regular system of court-ordered warrants. IN THE SENATE OF THE UNITED STATES
May 23, 2003 Mrs. BOXER introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To exempt bookstores and libraries from orders requiring the production of tangible things for foreign intelligence investigations, and to exempt libraries from counterintelligence access to certain records, ensuring that libraries and bookstores are subjected to the regular system of court-ordered warrants. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Library and Bookseller Protection Act'.
SEC. 2. EXEMPTION OF BOOKSTORES AND LIBRARIES FROM ORDERS REQUIRING PRODUCTION OF TANGIBLE THINGS FOR FOREIGN INTELLIGENCE INVESTIGATIONS.
Section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is amended by adding at the end the following new subsection:
`(f)(1) No application may be made under this section having the purpose or effect of searching for, or seizing from, a bookseller or library documentary materials that contain personally identifiable information concerning a patron of such bookseller or library.
`(2) Nothing in this subsection shall be construed as precluding a physical search for documentary materials referred to in paragraph (1) under other provisions of law, including under section 303.
`(3) In this subsection:
`(A) The term `bookseller' means any person or entity engaged in the sale, rental, or delivery of books, journals, magazines, or other similar forms of communication in print or digitally.
`(B) The term `library' has the meaning given that term under section 213(2) of the Library Services and Technology Act (20 U.S.C. 9122(2)) whose services include access to the Internet, books, journals, magazines, newspapers, or other similar forms of communication in print or digitally to patrons for their use, review, examination, or circulation.
`(C) The term `patron' means any purchaser, renter, borrower, user, or subscriber of goods or services from a library or bookseller.
`(D) The term `documentary materials' means any document, tape, or other communication created by a bookseller or library in connection with print or digital dissemination of a book, journal, magazine, newspaper, or other similar form of communication, including access to the Internet.
`(E) The term `personally identifiable information' includes information that identifies a person as having used, requested, or obtained specific reading materials or services from a bookseller or library.'.
SEC. 3. EXCLUSION OF LIBRARIES FROM AUTHORITIES ON ACCESS TO TELEPHONE AND TRANSACTIONAL RECORDS FOR COUNTERINTELLIGENCE PURPOSES.
Section 2709 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting `(1)' before `A wire or electronic communication service provider'; and
(B) by adding at the end the following new paragraph:
`(2) A library shall not be treated as a wire or electronic communication service provider for purposes of this section.'; and
(2) by adding at the end the following new subsection:
`(f) DEFINITION- In this section, the term `library' has the meaning given that term under section 213(2) of the Library Services and Technology Act (20 U.S.C. 9122(2)) whose services include access to the Internet, books, journals, magazines, newspapers, or other similar forms of communication in print or digitally to patrons for their use, review, examination, or circulation.'.