passed at NFPW Annual Convention Sept. 2003
U.S. Patriot Act Resolution
passed at NFPW Annual Convention Sept. 2003
RESOLUTION ON PRIVACY OF JOURNALISTS, LIBRARIES AND RESEARCHERS
Whereas, Section 215 of the USA PATRIOT Act amended the Foreign Intelligence Surveillance Act (FISA) to allow the FBI to seek a secret court order requiring the production of "any tangible thing," which the law says includes books, records, papers, documents and other items, from anyone-including journalists, researchers and libraries-for investigations involving foreign intelligence or international terrorism
and
Whereas, the person or business receiving the order is forbidden from telling anyone that the FBI sought or obtained the "tangible things"
and
Whereas, even appealing such an order is nearly impossible since the FISA court is a secret court
and
Whereas, the Department of Justice has confirmed that in its view, the Patriot Act would permit invasion of journalists' confidentiality, as well as that of libraries, library records, researchers' notes and other materials generally deemed protected by state statutes and constitutional privileges;
NOW THEREFORE BE IT RESOLVED THAT the National Federation of Press Women calls upon Attorney General John Ashcroft to restore Justice Department procedures permitting invasion of such confidentiality only upon order of the attorney general or the deputy attorney general and that such orders should not be given unless the Justice Department possesses evidence that such an invasion is necessary to avoid an imminent threat to national security.