August 19, 2002

The Honorable F. James Sensenbrenner, Jr., Chairman
The Honorable John Conyers, Jr., Ranking Member
Committee on the Judiciary
United States House of Representatives
Room 2138 Rayburn House Office Building
Washington, DC 20515

Dear Congressmen Sensenbrenner and Conyers:

We are writing on behalf of America's publishers, booksellers, authors and librarians to express our disappointment and concern over the Justice Department's refusal to provide you with information regarding the implementation of the USA PATRIOT Act, as requested in your letter of June 13.

We have been deeply concerned from the outset about provisions in the USA PATRIOT Act that threaten First Amendment-protected activities of book publishers, investigative journalists, booksellers, librarians, and readers. Specifically, our concerns have focused on Section 215, which not only poses a significant threat to the work of investigative journalists who write about subjects that may be related to terrorism, but which also threatens the privacy and First Amendment rights of library patrons and bookstore customers. The secrecy surrounding the issuance of search warrants pursuant to Section 215 and the lack of any adversarial proceeding to weigh the merits of law enforcement needs against the constitutional harm are an open invitation to abuse of governmental power in the absence of proper oversight.

In light of our concerns, we were gratified to learn of your letter of June 13 asking the Justice Department to provide, among other things, information about the use of Section 215 to obtain records from public libraries, bookstores and newspapers. It sent a strong message of the House Judiciary Committee's intent to exercise careful oversight of the USA PATRIOT Act's implementation.

Almost a year has passed since the horrific events of September 11, 2001-- a year in which Americans have painfully gained a new awareness of international terrorism and the threat it poses to our country and to our way of life. As Americans, members of the book community take this threat very seriously. However, as Americans, we also cherish the individual freedoms that are the core of our democracy, and we are determined to fight to prevent their sacrifice in the rush to find some illusion of security in an insecure world.

We are grateful for your determination to carry out your oversight responsibilities and offer you our full support.

Sincerely,

Patricia S. Schroeder
President and Chief Executive Officer
Association of American Publishers

Christopher F. Finan
President
American Booksellers Foundation for Free Expression

K. Anthony Appiah
Chair, Freedom to Write Committee
PEN American Center