----Original Message Follows---- From: Peter Kurilecz <[email protected]> Reply-To: Peter Kurilecz <[email protected]> To: [email protected] Subject: Re: [ARCHIVES] Keeping user info Date: Wed, 20 Jul 2005 15:17:54 -0400 On 7/20/05, Jonah McAllister-Erickson <[email protected]> wrote: > Patron records at archives do not differ in terms of the Patriot Act. > The same could be said for correspondence and agreements with donors. > They are all subject to warrantless searches under the Patriot Act. > http://www.archivists.org/saagroups/mss/fall2003.html#2 in actuality the Feds seek a federal order/warrant for the production of the records see these two links Patriot Act Section 215 is the relevant section http://www.epic.org/privacy/terrorism/hr3162.html Viet Dinh (one of the Act's authors) in an interview in Wired magazine stated; "Section 215 only follows the long-standing practice of (allowing) criminal investigators to be able to seek business records that are relevant to criminal investigations. Section 215 gives the same power to national security investigators in order to seek the same records with very important safeguards. First, a judge has to approve such orders, not simply a clerk of the court, as in ordinary criminal investigations. Second, the Department of Justice is under a statutory obligation in section 215 to report to Congress once every six months on the manner and the number of times it has used that section. And third, it calls for special protection by requiring that the FBI not target an investigation based solely on First Amendment activities." http://wired-vig.wired.com/news/print/0,1294,62388,00.html -- Peter Kurilecz Richmond, Va