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Answer: No, they cannot. Access to library records is
strictly governed by law.
A person's library records may be subpoenaed by a federal
grand jury for a specific case. Special Agents of the FBI
are also able to obtain records with a criminal search warrant
in the course of an investigation. Now, under Section 215
of the U.S.A. Patriot Act of 2001 (which does not single
out
library records, but applies to "books, records, papers,
documents, and other items" from any source), the FBI
may be granted authorization by the federal FISA court to
access records in an investigation specific to international
terrorism or foreign intelligence. In this last case, the
FBI must certify to a judge that these records are sought
"for an investigation to obtain foreign intelligence
information not concerning a U.S. person or to protect against
international terrorism or clandestine intelligence activities,
provided that such investigation of a U.S. person is not conducted
solely upon the basis of activities protected by the First
Amendment to the Constitution." In any investigation,
of course, including those in which Section 215 is invoked,
it is important to maintain secrecy both to protect the integrity
of the case and to protect the reputation of the individual
being investigated, in the event no charges are brought.
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