We Americans must use freedom to preserve freedom

If you know nothing else about the 342-page USA Patriot Act, you probably know about Section 215 — the controversial provision that expands the power of federal investigators to obtain library, bookstore and other records secretly.

That's because 215 has become a rallying cry for librarians, civil libertarians and other Americans across the political spectrum who worry that the Patriot Act gives the government too much police power without enough accountability. Grass-roots opposition to this and other parts of the Patriot Act has grown around the nation since the act was rushed into law a month after the terrorist attacks of 9/11.

At last count, seven states and 382 cities and counties have passed resolutions opposing the Patriot Act — and Section 215 is always at the center of the debate. Clearly, the prospect of getting checked out by the FBI for checking out the wrong book just plain scares people.

On June 15, the House of Representatives weighed in, voting 238 to 187 to block the part of Section 215 that applies to library and bookstore records. After failing to pass a similar measure last year, lead sponsor Rep. Bernard Sanders, I-Vt., won more support by keeping the provision that allows the FBI to access records covering Internet usage at the library.

The House vote could be reversed in negotiations with the Senate or by a presidential veto. But since 38 Republicans (many of them conservatives suspicious of big government) joined with 199 Democrats, the House action sends a message that reauthorizing Section 215 and 15 other provisions set to expire in December will be a tough fight.

How did 215 change the law when it was enacted in 2001? Before the Patriot Act, federal investigators needed a warrant and probable cause that a crime had been committed to obtain otherwise private library records. Today, however, records of people who aren't themselves suspects can be searched with little meaningful judicial oversight as long as the government says that the search is part of an investigation to protect against terrorism.

Moreover, 215 places a gag order on the person who must turn over the records. A librarian, for example, would be prohibited from notifying anyone that the records were being searched.