Thursday, April 13, 2006

Section 215

I was thinking about how the legal system might use library records as evidence to convict a person of a crime, and as I was searching about, I came across this:

Section 215:

Section 215 allows the FISA court to order the production of business records and other items, in the context of a national security investigation, to obtain foreign intelligence information not concerning a U.S. person; or to protect against international terrorism or clandestine intelligence activities. Section 215 cannot be used to investigate ordinary crimes or domestic terrorism, and it is expressly provided that the FBI cannot conduct an investigation on a U.S. citizen solely on the basis of activities protected by the First Amendment.

Federal judges have reviewed and granted the Department’s request for a section 215 order 35 times as of March 30, 2005. To date, the provision has only been used to obtain driver’s license records, public accommodations records, apartment leasing records, credit card records, and subscriber information-such as names and addresses-for telephone numbers captured through court-authorized pen registers. The Department has not obtained a section 215 order to obtain library or bookstore records, medical records, or gun sale records.

This is from a Department of Justice release dated April 5, 2005.

Not like they have to tell us or anything, but still....

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