• About the Act
• What Is the Patriot Act
• Controversy About Parts of the Patriot Act
• How the Patriot Act May Affect You in the Library
• Internet and Email Privacy
• Library Records
• Patriot Act Resources

Library Records, Including Checkout Records and Computer Sign-up Records

Section 215 of the Patriot Act modifies the rules on records searches. Previously, the Foreign Intelligence Survey Act (FISA) had subjected only common carriers (e.g. airplanes), public accommodation facilities (e.g. hotels), physical storage facilities, or car rental facilities to business record authority. The Patriot Act did away with those categories and opened all types of records, including purchase records, library records, medical records, or Internet service provider records to investigation.

Such records have always been available by subpoena from a federal grand jury for a specific case; however, the Patriot Act allows investigators to go to the FISA court, which requires a lower burden of proof than criminal courts. Previously, FISA orders could only be used if the primary purpose of the order was to gather foreign intelligence information. The Patriot Act changed the "primary purpose" criteria to one of "significant purpose."⁶

As in Section 216, the Patriot Act uses the revised wording "Upon an application made pursuant to this section, the judge shall enter (emphasis added) an ex parte order as requested, or as modified, approving the release of records if the judge finds that the application meets the requirements of this section." This wording indicates that the court must approve the application. Even without this wording, the FISA has approved almost all of the 14,000 warrant applications made since 1978.⁷ Click here to read the annual FISA reports to congress, reporting how many requests were made and granted since 1996.

Section 215 Never Used

Section 215 of the Act states "No person shall disclose to any other person (other than those persons necessary to produce the tangible things under this section) that the Federal Bureau of Investigation has sought or obtained tangible things under this section." This section means that if law enforcement officials have asked for records, the person or institution to which the request was made may not reveal the request to anyone. This includes co-workers, the press, or the person whose records were requested.

Until September 2003, information regarding the number of times investigators used Section 215 was classified. On Sept. 18, 2003, the Washington Post reported that a memo from Attorney General John Ashcroft to FBI Director Robert S. Mueller stated that Section 215 had never been used.⁸
Related information about library visits by government investigators

The lack of use of Section 215 has been explained by a number of possibilities: existing criminal laws can provide the government enough information without having to invoke Section 215; the government may use a National Security Letter, which doesn't require judicial approval; much information is not subject to privacy laws and can be turned over voluntarily.⁹

Section 215 is up for review in 2005.

UTA Libraries does not keep the borrowing history of a book. Once a book is returned, the record of who checked it out is deleted; however, if a book is overdue, a record is kept until fines are paid. Also, records are retained for materials checked out through interlibrary loan.

For computer records, the Office of Information Technology keeps server records for an indefinite period of time.