S. 2271 improves civil liberties in three ways.  Under the Patriot Act, libraries, bookstores, and other recipients of court orders for information are bound by a nondisclosure requirement.  These organizations are unable to tell the target of the investigation that records have been obtained or the public, if they believe the search is unwarranted.  As currently written, the Patriot Act prevents appropriate oversight to affirm the need for such requests for information.  S. 2271 allows recipients of these court orders to challenge the nondisclosure requirement, which helps protect civil liberties by placing a check on unrestricted use of these court orders and protects against unlawful search and seizure. 

As currently written, the Patriot Act greatly expands the use of administrative subpoenas, known as National Security Letters (NSLs).  NSLs are equivalent to search warrants, but they are signed by government bureaucrats instead of issued by courts.  These subpoenas have minimal civil liberty checks in place to ensure an investigation is warranted.  Presently, the Patriot Act requires recipients of NSLs to disclose to the Federal Bureau of Investigation (FBI) the names of their attorneys who are notified of the NSL.  This overzealous provision could launch investigations into attorneys trying to defend clients who received unwarranted investigations.  S. 2271 removes this requirement to disclose attorney names, and I am pleased to support this change

Finally, S. 2271 increases the burden of proof on obtaining evidence from libraries.  Under the Patriot Act, an NSL could require libraries to hand over book checkout lists and Internet records for specific users, which is a tremendous violation of privacy.  S. 2271 requires investigators to obtain a court order, which would prevent overzealous investigators from trying to find evidence without probable cause. 

If S. 2271 does not pass, I am concerned that the Patriot Act will move to the President's desk for signature lacking protections to prevent challenging nondisclosure requirements, increasing the opportunity for civil liberties abuses, and subjecting libraries to unnecessary and intrusive scrutiny.  While I continue to oppose the underlying Patriot Act, I will vote for these improvements.  I look forward to working with my colleagues on both sides of the aisle to correct other deficiencies and protect the American people from both terrorists and potential abuses of our freedoms.