Chris Finan, president of the American Booksellers Foundation for Free Expression (ABFFE), told BTW "that the foundation believes the new legislation's reach could extend into the business lives of independent bookstores. In response, ABFFE is writing booksellers to outline its concerns and to offer guidance," Cullen writes.

"The bill authorizes the detention of immigrants without charges; the investigation of potentially money-laundering banks; and the expansion of the government's ability to launch secret searches, engage in electronic surveillance, and obtain medical, financial, and business records," the article notes.  
 
Unconstitutional searches
After approval by the House of Representatives in a 356-66 vote on October 24, the Senate passed the bill 98-1. "The lone vote in opposition came from Senator Russell D. Feingold (D-WI)," Cullen wrote. "While supporters of the bill argued that the new measures were essential in combating terrorism in the wake of the September 11 attacks, Feingold countered that it sanctioned unconstitutional searches and threatened citizens and immigrants who might have had only tenuous associations with alleged terrorists.

"Speaking of the bill, Feingold said, 'Under this new provision, all business records can be compelled, including those containing sensitive personal information, such as...records of what book somebody has taken out from the library. We are not talking about terrorist suspects, we are talking about people who just may have come into some kind of casual contact with the person in that situation. This is an enormous expansion of authority under a law that provides only minimal judicial supervision.'"

Finan sent a letter to all ABA bookstore members November 7, noting the bill "gives the federal government expanded authority to search your business records, including the titles of the books purchased by your customers."

Cullen wrote that Finan "explained that the FBI can obtain a court order for bookstore records, papers, documents, and other items from a special federal court, sometimes called the 'spy court.' The court's judge makes his or her decision 'ex parte,' meaning there is no opportunity for a bookseller or her lawyer to object in court. And, as Finan pointed out to BTW, 'You cannot object publicly either. The new law includes a gag order that prevents you from disclosing to any other person the fact that you have received an order to produce documents.'"

"Finan noted to BTW that 'ABFFE is deeply concerned by the potential chilling effect of court orders issued to booksellers under this new law.' In normal civil or criminal cases, a bookseller who receives a subpoena for customer information has the opportunity to ask the court to quash the order on First Amendment grounds. In several cases, Finan pointed out, booksellers have successfully resisted subpoenas. As he noted in his letter to booksellers, 'Under [the new law], however, booksellers may not have this chance. Depending on the wording of the order, the bookseller may be required to immediately turn over the records that are being sought.'"

"Although the law appears to suggest that contacting anyone about the court order is forbidden, Finan said that ABFFE believes booksellers are entitled to legal counsel," Cullen wrote.  
 
 
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