Vermont Booksellers Up in Arms
Michael Katzenberg of Bear Pond Books Vs. the Patriot Act
Bear Pond Books of Montpelier has instituted a new policy whereby customers may elect to have their purchase records destroyed.From the Bear Pond homepage:
ìAs we enter the winter season, the world seems as frightening a place as any time in recent memory. Books help us to understand the complicated state of the world, and with no apologies needed, also offer an escape into the world of imagination. The entire Bear Pond staff sends you wishes for peace and health for this New Year. Thank you all for your patronage.
Booksellers and librarians around the country are expressing alarm over the potential chilling effect of court orders issued under Section 215 of the Patriot Act. They fear that bookstore customers and library patrons will not feel free to buy or borrow the books they want if there is danger that the police may obtain their records.
As the number of subpoenas for customer information has grown in recent years, bookstores and libraries have turned to the courts to protect the privacy of their records. They have won some important victories, but may not have a chance to argue their case in court under the Patriot Act. Depending on the wording of the order, they may be required to immediately turn over the records that are being sought. In addition, the Patriot Act authorizes the FBI to search the records of any American if those records are related to a foreign intelligence investigation. The person does not have to be suspected of committing a crime, much less a terrorist attack. There is also a gag provision preventing booksellers or librarians from alerting anyone to the fact that they have received an order, making it nearly impossible to determine whether this new power is being abused.
Vermont booksellers and librarians are currently circulating a letter that urges the state's Congressional delegation to repeal Section 215.
In response to Section 215 of the U.S.A. Patriot Act, all titles listed in Readers' Club accounts have been deleted from our computer as of January 24, 2003. We are in the process of updating our Readers' Club software so that only the amount of the sale is kept as a record of your purchase.
In addition, the owner of Bear Pond Books, Michael Katzenberg, has been part of a panel discussion about the concerns of librarians and bookstores with Section 215 of the Patriot Act.
Since information on our response to Section 215 appeared in an Associated Press article we have had over 200 e-mails and many phone calls from around the country. Thank you for your warm support of our decision.î