II 

109TH CONGRESS 

1ST SESSION S. 317 

To protect privacy by limiting the access of the Government to library, 

bookseller, and other personal records for foreign intelligence and counterintelligence purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 8, 2005 

Mr. FEINGOLD (for himself, Mr. AKAKA, Mr. BINGAMAN, Ms. CANTWELL, Mr. 

CORZINE, Mr. DAYTON, Mr. DURBIN, Mr. JEFFORDS, Mr. KENNEDY, 

and Mr. WYDEN) introduced the following bill; which was read twice and 

referred to the Committee on the Judiciary 

A BILL 

To protect privacy by limiting the access of the Government 

to library, bookseller, and other personal records for foreign intelligence and counterintelligence purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Library, Bookseller, 

5 and Personal Records Privacy Act’’. 
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•S 317 IS

1 SEC. 2. PRIVACY PROTECTIONS ON GOVERNMENT ACCESS 

2 TO LIBRARY, BOOKSELLER, AND OTHER PER3 SONAL RECORDS UNDER FOREIGN INTEL4 LIGENCE SURVEILLANCE ACT OF 1978. 

5 (a) APPLICATIONS FOR ORDERS.—Subsection (b) of 

6 section 501 of the Foreign Intelligence Surveillance Act 

7 of 1978 (50 U.S.C. 1861) is amended— 

8 (1) in paragraph (1), by striking ‘‘and’’ at the 

9 end; 

10 (2) in paragraph (2), by striking the period at 

11 the end and inserting ‘‘; and’’; and 

12 (3) by adding at the end the following new 

13 paragraph: 

14 ‘‘(3) shall specify that there are specific and 

15 articulable facts giving reason to believe that the 

16 person to whom the records pertain is a foreign 

17 power or an agent of a foreign power.’’. 

18 (b) ORDERS.—Subsection (c)(1) of that section is 

19 amended by striking ‘‘finds’’ and all that follows and in20 serting ‘‘finds that— 

21 ‘‘(A) there are specific and articulable facts giv22 ing reason to believe that the person to whom the 

23 records pertain is a foreign power or an agent of a 

24 foreign power; and 

25 ‘‘(B) the application meets the other require26 ments of this section.’’. 
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1 (c) OVERSIGHT OF REQUESTS FOR PRODUCTION OF

2 RECORDS.—Section 502 of that Act (50 U.S.C. 1862) is 

3 amended— 

4 (1) in subsection (a), by striking ‘‘the Perma5 nent’’ and all that follows through ‘‘the Senate’’ and 

6 inserting ‘‘the Permanent Select Committee on Intel7 ligence and the Committee on the Judiciary of the 

8 House of Representatives and the Select Committee 

9 on Intelligence and the Committee on the Judiciary 

10 of the Senate’’; and 

11 (2) in subsection (b), by striking ‘‘On a semi12 annual basis,’’ and all that follows through ‘‘a report 

13 setting forth’’ and inserting ‘‘The report of the At14 torney General to the Committees on the Judiciary 

15 of the House of Representatives and the Senate 

16 under subsection (a) shall set forth’’. 

17 SEC. 3. PRIVACY PROTECTIONS ON GOVERNMENT ACCESS 

18 TO INFORMATION ON COMPUTER USERS AT 

19 BOOKSELLERS AND LIBRARIES UNDER NA20 TIONAL SECURITY AUTHORITY. 

21 (a) IN GENERAL.—Section 2709 of title 18, United 

22 States Code, is amended— 

23 (1) by redesignating subsection (e) as sub24 section (f); and 
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1 (2) by inserting after subsection (d) the fol2 lowing new subsection (e): 

3 ‘‘(e) RECORDS OF BOOKSELLERS AND LIBRARIES.— 

4 (1) When a request under this section is made to a book5 seller or library, the certification required by subsection 

6 (b) shall also specify that there are specific and articulable 

7 facts giving reason to believe that the person or entity to 

8 whom the records pertain is a foreign power or an agent 

9 of a foreign power. 

10 ‘‘(2) In this subsection: 

11 ‘‘(A) The term ‘bookseller’ means a person or 

12 entity engaged in the sale, rental, or delivery of 

13 books, journals, magazines, or other similar forms of 

14 communication in print or digitally. 

15 ‘‘(B) The term ‘library’ means a library (as 

16 that term is defined in section 213(2) of the Library 

17 Services and Technology Act (20 U.S.C. 9122(2))) 

18 whose services include access to the Internet, books, 

19 journals, magazines, newspapers, or other similar 

20 forms of communication in print or digitally to pa21 trons for their use, review, examination, or circula22 tion. 

23 ‘‘(C) The terms ‘foreign power’ and ‘agent of a 

24 foreign power’ have the meaning given such terms in 
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1 section 101 of the Foreign Intelligence Surveillance 

2 Act of 1978 (50 U.S.C. 1801).’’. 

3 (b) SUNSET OF CERTAIN MODIFICATIONS ON AC4 CESS.—Section 224(a) of the USA PATRIOT ACT of 

5 2001 (Public Law 107–56; 115 Stat. 295) is amended by 

6 inserting ‘‘and section 505’’ after ‘‘by those sections)’’. 

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