I know I’ve mentioned Lemony Snicket quite a bit recently, and I don’t want to appear obsessed (it’s not important if I am obsessed, I just don’t want anyone to think I am). This is the last time I’ll mention him for awhile, I promise. I just found this article that details how he helped raise $10,000 to benefit the Tattered Cover Book Store in Denver. The Tattered Cover, perhaps my all-time favorite book store, was involved in a lawsuit stemming from its refusal to turn over purchasing records to the Thornton police department. Mr. Snicket, aka Daniel Handler (who happens to play the accordion for one of my favorite bands, the Magnetic Fields), organized a fundraiser in San Francisco to help the American Booksellers Foundation for Free Expression (ABFFE), which was representing the Tattered Cover in the case.

I also just found out that the Tattered Cover won the case three months after the fundraiser. Thank you, Daniel Handler.

Of course, the Tattered Cover case was not a test of the USA PATRIOT Act, section 215 of which authorizes sequestration (“production”) of any “tangible things” including borrowing and purchasing records in support of investigations against terrorism. The Act allows that a magistrate shall enter an “ex parte” order to produce the goods, meaning that there is no opportunity to challenge the subpoena in court. The Act also includes a gag order prohibiting people who receive solicitations for information under the PATRIOT Act from letting anyone know that such material has been requested. It is unclear whether the gag order prohibits consulting legal counsel. As a side note, the Act prohibits the FBI from using the PATRIOT Act “solely” to frustrate activities otherwise protected by the first amendment. Of course, if that’s an unfortunate bi-product of a frivolous investigation, that’s the price we pay for security. And the best part is that anyone so hampered is prohibited from ever talking about it. How did such an Act ever pass?

Recently, the ABFFE, along with the Electronic Privacy Information Center (EPIC) and the ACLU filed an expedited request under the Freedom of Information Act (FOIA) for information on how many subpoenas have been issued to booksellers under the PATRIOT Act. Despite further requests from the House Judiciary Committee, the Justice Department has refused to release the information. Because of the delay, the ABFFE, ACLU, EPIC and the American Library Association’s Freedom to Read Foundation (FRTF) filed suit against the Justice Department last Thursday. I wonder if Lemony Snicket will be able to come to the rescue this time? Here’s hoping someone does…

NP: The Gothic Archies with the Baudelaire Memorial Orchestra, Count Olaf/Scream and Run Away