Even as Atty. Gen. John Ashcroft fielded congressional criticisms last week over the Justice Department's wide-ranging anti-terrorism tactics, some librarians and booksellers have concerns of their own.
They are awaiting a detailed accounting, now being compiled by the Justice Department, that will reveal, among other things, just how many times federal investigators have secretly monitored the bookstore purchases and library checkouts of Americans in their search for terrorists.
That accounting, ordered in June by the House Judiciary Committee, covers a wide range of surveillance issues, but Judith Krug, the outspoken director of the office for intellectual freedom for the American Library Assn., will be paying particular attention to how question No. 12 is answered. That one asks the FBI to enumerate how many times the federal law enforcement agency has used its new powers to secretly search the once-confidential records of public libraries and bookstores.
She, for one, thinks such searches are a waste of time and an infringement on privacy. But the FBI's answer could shed light on whether the nation's readers are being monitored more closely than at any other time in the nation's history.
Looking for Clues
Since Congress passed sweeping anti-terrorist laws in the emotional aftermath of the Sept. 11 attacks, the FBI has had carte blanche to secretly examine the reading habits of almost anyone, looking for clues that might uncover someone involved in terrorism, a book about the World Trade Center, say, or a book on Islamic terrorism. The court that grants the search warrants meets in secret. The warrants themselves need not mention any suspicion of terrorism. Those ordered to turn over information are prohibited from revealing to anyone, including the person being investigated, that the FBI paid a visit.
"This has a terrible chilling effect," said Leigh Estabrook, director of the Library Research Center at the University of Illinois. "I think it's a terrible thing."
The legislation authorizing such investigative activity is contained in the 342-page USA Patriot Act , which was passed by Congress in October. The judiciary committee, as part of its oversight duties, has asked Ashcroft 50 detailed questions, including the one about libraries and bookstores. Other questions address issues such as secret searches and the monitoring of telephone calls and Internet connections.
