K-Lo: Thought this was posted at 10:30, but computer bugs prevailed:

Interesting exchange b/w Specter and Gonzales on Section 215 of the Patriot Act — the business records provision which has been libeled as the “library records” law. As Gonzales correctly pointed out, libraries are not even mentioned in the provision. Specter suggests that prosecutors should be required to show the “traditional” probable cause before getting a order compelling the records. This is not “traditional.” These are third-party records (like telephone company records), not privately held things, like in your bedroom nightstand, that prosecutors have to get a warrant for. As Gonzales pointed out, prosecutors have for eons gotten third-party records by grand jury subpoena with no judicial supervision.