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ACRL Legislative Update
Volume 5, Number 1
January 4, 2006
PATRIOT Act Debate Extended
Background: The USA PATRIOT Act broadly expands law enforcement's surveillance and investigative powers. Recent media reports of the government's vastly increased use of National Security Letters--secret administrative subpoenas--as well as recent reports of the White House's use of secret wiretaps on American citizens have extended the debate about the appropriate reach of government surveillance. Section 215 of the USA PATRIOT Act was scheduled to sunset on December 31, 2005, unless Congress acted to rescind the sunset provisions (Sec. 224) of the act. Congress has been working to reconcile House and Senate bills by a Conference Committee.
Recent Actions:
- On December 16 the Senate voted down cloture (to close debate). Senator Frist objected to a proposal from Senator Leahy to extend the PATRIOT Act for 3 months to allow an extended debate on the conference report in the Senate.
- On the evening of December 21, the Senate voted to extend the PATRIOT Act for six months to ensure a more comprehensive debate on the conference report language. The next day Representative Sensenbrenner objected, so both Houses of Congress extended the PATRIOT Act until February 3, 2006 for further debate on the Conference Report.
ALA and ACRL File Comments Before the FCC on CALEA
Background: The Communications Assistance for Law Enforcement Act (CALEA), passed in October 1994, forces telecommunications carriers to comply with law enforcement’s legitimate wiretapping requests. In September 2005, the FCC released a major rule on the extension of CALEA to broadband networks. Libraries are not exempt from this rule, and the costs associated with CALEA compliance for academic institutions are estimated at $7 billion. The original law was written to exclude the Internet and a coalition of business and public interest groups - including ALA - asserts that the FCC does not have the jurisdiction to extend CALEA to broadband networks.
Recent Actions:
- In mid-November 2005, ALA and ACRL, along with ARL, filed comments before the FCC seeking an exemption for libraries. For more information read ACRL’s Press Release and the comments.
- In late November, ACRL as part of a coalition of business and public interest groups headed by the Center for Technology & Democracy (CDT), signed on to a motion to stay the 18-month compliance process with the FCC.
- In late December 2005, ACRL signed on to comments filed by the CDT that support a US Telecom Association petition to reconsider. The comments assert the FCC should reconsider the start date for the 18-month compliance (November 14, 2005) and start the clock when it publishes the order explaining what compliance means and which entities will be exempt.
New look for ACRL’s Washington Watch
ACRL’s Washington Watch web page has a new look. ACRL’s 2005 legislative agenda is prominently at the top and a new section “tips for communicating with legislators” has been added. Visit the web page.
ACRL Legislative Update is an e-mail notification service that provides current news on public policy topics relevant to academic libraries and librarians, including information from the ALA Washington Office and a variety of library and higher education publications. This digital update is regularly issued as part of our ongoing efforts to make it easier for you to connect with ACRL’s advocacy efforts. Feel free to forward this message to appropriate electronic lists.
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