Homeland Security Bill Permits Libraries
to Turn Over Internet Records
The homeland security legislation passed by the Senate November 19 includes a provision that gives greater latitude to providers of Internet services—including libraries—to turn over information about their users if they believe an emergency situation exists.
The bill amends section 2702(b) of the United States Code to allow “a person or entity providing an electronic communication service to the public” to divulge the contents of a communication to government authorities “if the provider, in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires disclosure without delay of communications relating to the emergency.” Previously, such communications were protected by privacy measures.
The new law also requires the government entity that receives the information to report the disclosure within 90 days to the U.S. attorney general, who will submit a report on all such cases to Congress one year after the bill’s enactment.
The provision was part of the Cyber Security Enhancement Act of 2002 passed by the House last summer but was never considered by the Senate.
Posted November 25, 2002.
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