Librarian Stands up to the Feds
Anonymous Coward writes "A librarian at Brandeis University forced the FBI to obtain a warrant to seize computers used to send threats. From the article: 'Federal Bureau of Investigation agents tried to seize 30 of the library's computers without a warrant, saying someone had used the library's Internet connection to send the threat to Brandeis. But the library director, Kathy Glick-Weil, told the agents they could not take the machines unless they got a warrant first. Newton's mayor, David Cohen, backed Ms. Glick-Weil up. After a brief standoff, FBI officials relented and sought a warrant from a judge.'"
After a brief standoff, FBI officials relented and sought a warrant from a judge.
Relented? The government is supposedly here to protect us and never stomp on our freedoms. When is the government ever NOT supposed to relent to the citizen? I believe that's their job -- to relent to our will if they come onto our property without just cause. In fact, I don't even believe they ever have just cause as the federal government has gone beyond their constitutionally mandated limits of power.
The FBI, to me, is a completely unconstitutional arm of government. I usually hear the entire "But the Justice Department needs to do their job and the FBI enforces this" and yet I also find the Justice Department unconstitutional. Neither is compatible with freedom or a republican (not the political party definition) form of limited central government.
The FBI is the greatest violator of racketeering laws. They have all the power to force you to perform actions against your will. They have all the power to take what they please when they please, and all you have is the ability to address your grievance in the courts -- the same courts that are paid by the same people who pay the FBI. And how do you vote the FBI out of office?
I don't like the idea of police that aren't policed. I have enough problems with the power that the local cops have -- it goes straight to their heads the minute they put the badge on for the first time. Federal cops are against everything I believe in -- what exactly is the FBI policing? The Constitution set up the crimes that the Federal arm was to enforce -- piracy, counterfeiting and treason. The FBI is not needed to police any of these crimes.
Sure, you can say that the commerce clause gives Congress unlimited power to regulate interstate commerce and they need the FBI to police that commerce. My view on the regulation of commerce is from a freedom perspective -- the commerce clause was written specifically to give Congress the authority to prevent any individual state from restricting commerce with another state. Congress has no mandate to do the restricting of commerce but to regulate the states from restricting free trade. That's pretty much what the founding fathers intended as well.
You can say that the FBI is needed to prevent terrorism, but they haven't. We foster terrorism by provoking anger -- our troops are in over 100 countries of the world today. If you wonder why people hate us, look at the monsters with guns that wear our flag, within our country and beyond our borders in the hundred or more countries we're policing against the will of those citizens.
You can say that the FBI is needed to police child porn or illegal communications between states, but this is also untrue -- both are protected from federal policing by the Constitution, and should be policed only by the individual states if the people so decide. Nothing prevents states from working deals out to help each other when crimes cross into their neighboring states
I don't see the need for the FBI. All I see is their involvement in crime after crime committed by the authoritarian state -- look at prohibition, the drug war, and the daily mistakes that repeat themselves by an organization with too much power and no overview.
Sort of reminds me of Congress, actually.
I must say that I am developing a significant level of respect for people such as this librarian who are actually fighting back against an ever more invasive US government and its various agencies.
This dashes my profound belief in the meek librarian cliche.
Damn.
You know our society is in a sad state of affairs when someone demanding a warrant is newsworthy. This type of behavior should be the norm, not the exception. That said, kudos to the librarian for reminding folks that we are SUPPOSED to live in a country where people have rights and the government can't trample all over them at will.
Mrs. Kathy Glick-Weil,
Thank you, for being a citizen. I wish more Americans would be more like you.
"The word "genius" isn't applicable in football. A genius is a guy like Norman Einstein," - Joe Theisman
Seriously... good for her.
Doesn't Ms Glick-Weil know that demanding that law enforcement agencies obtain warrants (even retrospectively) makes the country unsafe, and helps terrorists? I know this, because no less an authority than The President said while talking about NSA wiretaps in last nights State of The Union address.
Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
I think a further condition should have been that the FBI should replace the computers with temporary ones during their investigation.
Now, the FBI has put out the entire library's lab so no one can use a computer.
It's funny how slowly things evolve--how slowly liberty erodes.
I wonder how long it took before the Nazis realized they were fascists?
I might know what I'm talkin' about, but then again, this is Slashdot...
Glick-Weil is a patrioti unlike this Al-Qaeda member.
Patriotically as always,
Kilgore Trout, C.E.O.
Did the FBI find a judge willing to let them do this? If so, why aren't we hearing who that was, so we can drop the judge a note and express our opinion of how well he's holding up his end of the deal..
-jcr
The only title of honor that a tyrant can grant is "Enemy of the State."
Radical Militant Librarians
This is no different than a Police Officer asking to search your car after you were pulled over.
Most people say yes, and the police can legally search with permission.
You can legally say no, and the officer must let you go due to the lack of a warrant. This happens on a daily basis.
"You know our society is in a sad state of affairs when someone demanding a warrant is newsworthy. This type of behavior should be the norm, not the exception."
Who's behaviour? The Feds? Or the Librarians?
"That said, kudos to the librarian for reminding folks that we are SUPPOSED to live in a country where people have rights and the government can't trample all over them at will."
They can if one willing choses to not exercise them. A right is just an abstract concept, with no will of it's own. Just like a vote is.
What worries me more is that this type of behavior, i.e. demanding a warrant before relenquishing information/property, is abnormal.
I imagine the Librarian being a several hundred pound orangutan didn't hurt things either. I hope they didn't call him a monkey. He hates that.*
*for those of you who have no idea what I'm talking about, you have my pity and should click here or here for more information.
4th Amendment:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Now, before you get out your boolean logic analyzers for a legal statement with centuries of precedent built on it, grok the fact that
"searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment--subject only to a few specially established and well-delineated exceptions."
--
make install -not war
You'd think someone would RTFA before posting: the librarian was at public library in Newton, MA, not at Brandeis. There's a big difference when the library in question belongs to 'the people'. Also, mod -1 for old news.
circa75.com
hmmkay?
Being a "Law and Order" addict, I question, doesn't investigators time to time search and request stuff by just sound of "warrent" to information holder threating to shutdown the place? But then again, I might be just circling around the edge of reality and fantasy.
---
"Don't be fooled by fools. They are the clever ones."
"Don't let fools fool you. They are the clever ones."
Well done, librarian. Same rules for everyone: students aren't allowed to burst into the library, talking loudly on their mobile phones and brandishing weapons, and neither are the FBI. Agent Marcinkiewicz must also pay her outstanding fines before she is allowed to borrow any more books, or computers.
1st Response:
Someone decided to stand up to the Feds and tell them you're going to follow proper procceedure instead of just doing as they desire. Supposedly they could have under public safety laws but as those laws are designed to protect the public safety (already done by the evacuations) there was no longer any justifiable reason to seize all of the computers without a warrant.
On the other side of the coinage, it's even quite possible that the entire purpose of the threat may have been to distract/decieve the responders into following the wrong trail and the attack could actually have been directed at another facility.
Honestly, I really can't find this situation to be one where people were facing off the big bad government. The FBI was working under the supposition that people were in fairly immediate danger and that they needed to move to get the information ASAP. They determined that previous case law allowed for this.
And as for oversight of the FBI, the fact is that if the computers had been obtained illegally and against procedures, the evidence that they provided would have been thrown out in court. No FBI agent is looking to have an arrest dismissed due to a technicality such as that.
I suppose you don't have to like the FBI, and certainly they got to where they were today due to a lot of PR and manuvering in the Hoover years, but they were responders, likely called in by the local authorities to help with the issue. They weren't sitting in FBI HQ spying on personal emails and suddenly decided to descend on Newton in black cars and helicopters....
The threat was emailed into Brandeis (I know b/c I went there and the alums were all talking about it), but it came from newton (the town basically next door). It forced the campus to close down one day and it got swarmed, from what I understand. It's a VERY small school, so it was a really big deal. Obviously, also because it's a predominantly jewish school. Just my $.02
It was not the Brandeis Librarians, but the Librarians for the City of Newton Public Library that forced the FBI to get a warrant.
I should know, that library is about a mile away from where I live.
III.IIVIVIXIIVIVIIIVVIIIIXVIIIXIIIIIIIIVIIIIVVIII
I read the summary and wondered why a Newton mayor would back up a Brandeis librarian.
The messages were sent from a Newton public library and allegedly threatened the Heller School at Brandeis.
The librarian works for Newton, not Brandeis.
--Pat
I don't see why they needed a warrant if it they knew the e-mail originated formt he Newton Library and were in hot pursuit, AKA fresh pursuit... http://dictionary.law.com/default2.asp?selected=88 6&bold=%7C%7C%7C%7C
We already have laws in place for warrantless searches when probable cause comes into play, no?
In California, your car can be searched at any time for any reason if you are on public roads.
You can say no, but that won't do you any good.
If you think education is expensive, you should try ignorance -- Derek Bok, president of Harvard
Clearly, some nut out to stir things up, but who knows? If you receive such a threat, in this day and age, wouldn't you have to take it seriously?
But she [Gail Marcinkiewicz, a spokesman for the FBI's Boston branch] said the FBI had a right to seize the computers because the agents who went to the Newton library thought Brandeis students, professors, and staff members were in immediate danger. "We could have done this," said Ms. Marcinkiewicz. "It is supported by case law."Nonetheless, she said, the FBI decided to seek a warrant. By the time agents had determined that they needed to seize only three of the computers, about 5 p.m., they realized that people at Brandeis were not about to be killed, she added.
So there was an apparent threat, the FBI determined (who knows how) that it came from the library, was ready to seize the computers until the librarian intervened, and then the FBI backed off, got a warrant, and everyone went home happy. Where's the news?
Perhaps everyone sees the FBI as the US Government's stormtroopers (remember Waco?), but the fact is they are charged with the duty of protecting all citizens of the US from harm. They saw a threat and were prepared to act accordingly. They could have simply taken the computers and have been off and no one could have done a thing about it, but they chose retsraint, perhaps wondering how credible the threat really was. In the end, no one gets hurt, Democracy is safe, and the Republic goes on.
GetOuttaMySpace - The Anti-Social Network
Correction - Ms. Glick-Weil is Director of the Newton Free Library which is in Newton NEAR Brandeis. Brandeis is a couple miles away in Waltham, MA.
First the [possibly] illegal warrentless wiretaps authorized by the president, now the FBI attempting to seize computers without a warrant....is it a coincidence that these things are happening so close together, or has the example set at the top started creeping downhill? This is the kind of slippery slope I worry about, the idea that because it's been done at higher levels, law enforcement feels less inclined to play by the rules because "everybody's doing it". This is a problem not only for the people whose rights are being violated, but also for otherwise solid criminal cases that will be thrown out because of sloppiness.
Some bring out the best in others, some the worst. Some bring out far more.
Warrant rocks your ass off.
I'm glad to see that there is someone other than me who would of told the FBI to fuck off, get a warrant. Of course, now that I've said this I'll probably be considered a terrorist.
"I bow to no man" - Riddick
The key to this story is the "clear and present danger" issue. According to Mayor Cohen and an FBI representative, the law actually would have permitted the agents to go ahead and just take the computers if they had believed the situation to be an emergency. And that's why there was a standoff: because FBI agents paused to evaluate the situation, balanced the risks of waiting for a warrant with the benefit of having the assistance of library IT staff, and decided to get the warrant.
So, kudos for Ms. Glick-Weil for requesting the warrant. And kudos to the FBI for considering the request and deciding it was the best course of action. Had they thought the threat was credible and immediate, I'm sure they would have responded differently, and I would have a hard time faulting them for it.
... I still applaud Ms. Glick-Weil for her stand. I think that the Slashdot headline was a little misleading, though, suggesting images of jack-booted thugs trying to grab every single computer in the library being held off by a stereotypical dressed-in-severe-black-dress-with-hair-tied-back- in-a-bun librarian.
The article instead gives me the impression of over-reacting investigators being greeted with a question of "Hold on a minute, tiger, where's your warrant?" followed by "Well, without a warrant, you can't cart off any of the computers. But I'll tell you what we can do -- we'll let you look at the computers here to figure out which ones you might need to grab, while you get a judge to issue a warrant. Is that workable?"
It wasn't black-hat-vs.-white-hat, it was a voice of reason calming down a couple of (rightfully) concerned FBI agents. It wasn't a stand-off, it was a prevented stand-off... which strikes me as better all around. So let's not generate hysteria after the fact, but let us be grateful that there are people willing to tell City Hall, if not to get lost, then to slow down and wait for its own papers.
Strike while the irony is hot! -- The Freethinker
....next article... .....Librarian vanishes....... ....next article...... ...Dewey Decimal System big hit in Guantanamo Bay.
Her grand moral stand was to resist a criminal investigation. The agents knew they had cause. The judge agreed and awarded the warrant. She is being lauded for impeding an investigation and protecting the guilty.
Can't slashdot keep up with the news? I mean this happened last week.
California may do a lot of things differently than the rest of the country, but the Constitution still applies in California, and the Constitution is the governing document that gives you an expectation that you cannot be searched unreasonably without a warrant (unless George W. Bush wants to search you and swears on the Bible that he's doing it for the right reasons).
http://lkml.org/lkml/2005/8/20/95
What if she'd stood her ground and Brandeis blew up? Technically the FBI could have just taken the machines (as stated a few times above). Then we'd have a different story on our hands.
"Librarian causes delay in finding email threat source, results in death of 50"
I'm sure Justice Brandeis would be proud of his namesake.
There's really nothing to see here, unless you think the system never works the way it's supposed to.
Hurrah! Clap-clap! It is high time that we, as citizens and as people of this democracy stand up for ourselves against a government decidely willing to sacrifice the rights and freedoms that make the United States so different than other nations in exchange for the warring that will eventually bring us down to the level of all petty, agressive, and ultimately self-destructive nation-states. We must stand together to protect our freedoms, we must question the justice of the actions of this administration, and we must not be afraid, we must not merely roll over and conform. I applaud this librarian, who was not afraid to merely give in to an injust act of the federal government.
games journalism blog
Personally, I applaud the actions of the librarian. Not everybody feels the same however: http://news.bostonherald.com/opinion/view.bg?artic leid=122959/
They should make library action figure in her honor.
"You'll get nothing, and you'll like it!"
It's nice to see people standing up for the rights of the individual. Too bad it happens so infrequently these days...
(in other news, Kathy the Librarian is being held as an enemy combatant in a secret military holding area)
Wer mit Ungeheuern kämpft, mag zusehn, dass er nicht dabei zum Ungeheuer wird. --Nietzsche
Actually the feds always need a warrent unless there was a crime currently being commited, etc. Kudos to her. The other thing most people don't realize is, is that the FBI cannot even investigate a case unless it is a federal crime. So, if the FBI showed up accusing me of stealing from a store down the road and requested I open my house. I could not only deny them entrance, but I could also inform them that even if I did break into the store down the road, it is not a federal crime and so they cannot even investigate it.
I heard of a guy who did that. This guy was protesting Clinton comming to WI with some guy from China. And he was holding a sign, next the road the president was comming down, that said somthing to the effect of "Go back to China you commie". He was stopped by a FBI agent who instructed him to leave the area due to security reasons. He looked at the agent's badge and replied, "This is a public sidewalk, and you are a federal agent. Federal agents have no jurisdiction (sp?) on city owned property". The agent left the guy alone. There was nothing else he could do unless the man commited a federal crime.
Man is the lowest-cost, 150-pound, nonlinear, all-purpose computer system which can be mass-produced by unskilled labor.
I missed calculus and chemistry lectures because of that evacuation.
Good for Kathy Glick-Weil, she did the right thing.
I suppose you can cite the relevent law where a warrant is not needed to search and seize property?
Finkployd
Mrs. Glick-Weil was indicted on charges of methamphetamine production which caused a fire that subsequently burned her entire house down. FBI agents have determined that all evidence of the lab was destroyed in the blaze. She was also ticketed for a broken tail lamp.
Didn't they know the law?
Blimey, I *thought* that new construction on campus looked a bit familiar -- it was clearly designed by the famous architect Bergholt Stutley Johnson, (aka "Bloody Stupid Johnson")! I'll have to have a word with the Bursar...
"My strength is as the strength of ten men, for I am wired to the eyeballs on espresso."
Uh...that's not how "clear and present danger" was ever meant to be used. The phrase comes from a 1919 US Supreme Court case on first amendment protected speech.
Incidentally, that case was overturned in 1969.
"Clear and present danger" was specifically NOT, as of 1969, a legitimate reason for punishing someone for speech. It certainly is not a legitimate reason for illegal search and seizure (ie, bypassing the court system.)
I hate it when people romanticize unconstitutional action; happens in the movies all the time. "You can't do that!" "Oh? Are you going to make me get a warrant to search this place? Little Timmy could be dead by then!"
Please help metamoderate.
The librarian doesn't own the computers at the public library, and there's no reasonable expectation of privacy at a public library.
There are privacy laws that make library records private. They DO apply to computer use.
In many states, library employees who give out patron information on what they have checked out or used without either a warrant or the Patriot ACT being invoked can be fired or charged. The evidence would almost certainly be thrown out of court.
I hope everyone follows her example and stands up for what is left of their rights.
Do we really want to live in a society where government agents can just come in and take things with no warning or notice, and then just leave? Sounds like fascism to me.
He who knows best knows how little he knows. - Thomas Jefferson
My understanding is that they can make you wait while another officer goes and petitions for a warrant. How convenient, of course, for the path of least resistance (i.e., just go ahead and let them do a warrantless search) to be the path that makes a mockery of the great principles upon which the US was founded.
I've always wondered similarly about the question police officers often ask "Do you have any guns or knives or anything I should know about in the car?" How do you answer that? If you say yes, you get searched in detail for any other stuff. If you say no, meaning that there is "nothing you need to know about" despite maybe carrying a legal weapon (I usually carry a knife), and the officer finds some excuse for searching and locates the legal weapon, you're probably in for more trouble.
Screwy system we've come to accept.
Yawn. This was on Digg a week ago.
"I would hire a private investigator and a lawyer. Also, I don't see how someone could kidnap my child if I was a good parent and actually parented the child at all times, as a parent should."
Walk up to you (or even better, your wife), put a gun to your neck, and take your kid.
By the way, you get idiotic post of the millenium.
How pathetic are you that you follow me from topic to topic and waste all your mod points at once modding me down?
This may be a bit off-topic,
but i was wondering if anyone knows if there is
a Unix self-destruct program?
I have this vision of the FBI coming for my machines,
and a need to quickly launch a multiple-overwrite of
the drives in a machine from the command line.
i guess you could just boot a secure hard disk eraser
disk, but what if i'm out of the country when it happens?
plus, having a built in self-destruct appeals to my
sci-fi side. i never understood why you would need one
on a space ship, but this seems to almost make sense.
>> The librarian doesn't own the computers at the public library, and there's no reasonable expectation of privacy at a public library.
Wrong. Big wrong. There is the expectation that the materials read by and checked out by the library's users will not be tracked by the government.
Or at least there should be, and was before big brother started watching.
This will be fixed one day. Either by legislative changes or by guns, sadly.
dada21: I don't see how someone could kidnap my child if I was a good parent and actually parented the child at all times, as a parent should.
doughrama: You just lost all credibility.
You got that right! Denial of reality and good parenting are hardware incompatible.
Some of us have to work. And sleep (one of my kids sleepwalks, incidentally, as does my spouse). And some of us have chosen to parent more than one bright, inquisitive child. Human beings can't do these things and simultaneously do 24 hour bodyguard duty.
It should also be obvious that not every parent can afford nannies and high-tech surveillance, so don't bother bringing it up.
I hate it when people romanticize unconstitutional action; happens in the movies all the time. "You can't do that!" "Oh? Are you going to make me get a warrant to search this place? Little Timmy could be dead by then!"
from: Clear And Present Danger (1994)
Ritter: Jack, computer theft is a serious crime.
[hangs up the phone]
Jack Ryan: [to himself] So are crimes against the Constitution.
He who knows best knows how little he knows. - Thomas Jefferson
You are garenteed a constitutional right to due process. Nothing can happen to you for demanding it. The fact that you require the government to do _all_ of their job is not one to be ashamed of. "It is not the function of our Government to keep the citizen from falling into error; it is the function of the citizen to keep the Government from falling into error." - Robert H. Jackson Surpreme Court Justice.
The government, with less and less of the will of the people (and more so rich investors and coprorations) cannot be trusted. Cooperation is not required, the law has already given the government whatever powers it requires to do the job (all too often too many powers, IMHO). Much like the 5th amendment allows one to deny testimony, and the mere use of the 5th admendment cannot constiute an admission of guilt, your demanding due process should be expected, not your cooperation.
Example: the IRS. So many people give into their notice of deficientcies and levies, despite the IRS not obtaining the proper court order. You can cooperate, but any action until that court order is voluntary. Also, I recently read a disturbing ruling that you may actually give up to your rights to anything they acquire from you voluntarily. So, you better demand due process and double check everything!!!
Slashdot's rate-of-post filter: Preventing you from posting too many great ideas at once.
I understand kids have a tendency to get away. I also understand that the market has provisions for tracking when kids do get away.
While I'm no fan of the FBI, your remarks about parenting are inutterably clueless. I suggest you stop digging the hole deeper. It's actually painful to watch.
librarians, aparently the bravest humans in the United States in 2006
If anybody here works in the Waltham PD, we want our cluster computer back that you confiscated after last year's bomb threat. Thanks.
The event prompted talk-show hosts and newspaper columnists in Boston to lash out at Newton officials, arguing that they acted irresponsibly and could have jeopardized people's lives. But Mr. Cohen said he had also received many positive comments from people all over the country supporting his actions.
Says a thing or two about talk radio, doesn't it?
beware the jabberwock, my son! the jaws that bite, the claws that catch!
Offered with an intent to help, not criticize...
... large, open public place ... use a real leash like other parents have learned to.
b ehavior/1149656.html
... as a kid, not an adult), can't remember squat from that young, so didn't mind.
You say you had him on a "leash" but you don't seem to really mean it. 3yrs old
http://ks.essortment.com/childrenleashes_rvjf.htm
http://www.epinions.com/content_106201976452
http://www.babycenter.com/dilemma/toddler/toddler
and on, and on, and on...
Been there (on the leash side
If you're going to summarize TFA, at least read the entire article.
What are you talking about? The President supports getting warrants.0 040420-2.html
In HIS own words:
"Now, by the way, any time you hear the United States government talking about wiretap, it requires -- a wiretap requires a court order. Nothing has changed, by the way. When we're talking about chasing down terrorists, we're talking about getting a court order before we do so. It's important for our fellow citizens to understand, when you think Patriot Act, constitutional guarantees are in place when it comes to doing what is necessary to protect our homeland, because we value the Constitution."
G.W.B. April 20, 2004
http://www.whitehouse.gov/news/releases/2004/04/2
Kind of takes the air out of all the "nazi Amerikkka Bushitler police-state!" crap, doesn't it?
What?
Is there a number we can call to confirm that a warrant is actually valid?
Yes - fortunately, though, it's printed on the warrant itself so there's no need to remember it.
---GEC
I'm but the humble pupil, seeking to snatch the scratchbuilt pebble from the master's fully articulated hand
You are somewhat correct but from what I know, what they actually do is detain you (note: detain != arrest) and then go get a warrant to search your car. If they can get a warrant in a reasonable time, they will do that. If they can't get it in a reasonable time, then you are probably let go as you describe in your post. It's not like they just say "Oh, ok...you can go now" if they have a reason to believe you are doing something wrong. They *will* take the time to go through due-process if they truly think you are doing something bad enough to warrant attention.
You are right, though, most people say "yes" when asked -- and that gives them all the permission they need to do the search. A "no" response will usually get you what I outlined above.
This same scenario happens over and over again all of the country for the last 200 years. I guess someone reporting this story has an agenda to push by suggesting that a law enforcement agency is trying to search with the owner/proprietor's permission rather than a warrant for the first time and this is some sort of "dark development" related to the Patriot Act or something.
Nice try.
meh....yawn....
where are my modpoints when I need them? :)
"Since September 11th, the university's response is to take something like this very seriously," Mr. Nealon said, "and go above and beyond to make sure that there is no threat to anybody on campus." So what was the policy before September 11th, flip a coin to see if action should be taken to avoid a tragedy.
wow. I agree with your steps 1-6, but everything you wrote above that is complete and total bullshit. NOBODY - President and FBI included - has the right to do whatever they want, whenever they want. There's a reason we have laws that require a warrant, and it's to protect our civil liberties. I don't care if there is some so-called-war-on-terror going on, you follow the damn rules. The FBI agents obviously tracked down a lead to the library - there's no reason they couldn't have gotten a warrant on the way there.
If you start giving the goverment a free pass on things like this, who's to say what's next?
I don't disagree with your conclusion about the troll, but your reasoning is flawed. The 'You haven't done X, so you can't know what your talking about' argument is flawed at best. Here are some other examples of that argument that might point out the flaw:
You can't know if a crime is being commiting unless you've been to a police acadamy.
You can't know your legal rights unless you hava a law degree.
You can't know how to raise a chile unless you are a parent.
You can't understand piracy unless your a *IAA member.
You can't judge resonable cost unless you are the manufacturer of that product.
The poster is so far off base, that you do not need to use 'tricky' logic to dispute it.
"Gail Marcinkiewicz, a spokesman for the FBI's Boston branch, declined to talk about the investigation into who sent the e-mail message.
But she said the FBI had a right to seize the computers because the agents who went to the Newton library thought Brandeis students, professors, and staff members were in immediate danger. "We could have done this," said Ms. Marcinkiewicz. "It is supported by case law."
Since the librarian's actions slowed down the investigation, it could have resulted in harm to the person/people threatened.
aint so great /. if they saw the gui on the library search engine, would scream in horror
I live about 1/2 mile from the library, and use it frequently.
The librarian may be a civil liberties hero, but at running the day to day ops of a major library (newton is a city of 90,000 odd soouls, and the massive new library, which you have to DRIVE to in a car, and which replaced all the wonderful branch libs) is not run that well.
For instance, I would bet dollars to donuts that every
they can't even provide a decent bike rack, and the one they have is unusable due to overgrowth ofthe bushes
The library is fully computerized, and will send yo all sorts of emails, but for some reason, can't send you an overdue notice untillyour fines are 5$.
I could go on, but whats the point.
After acquiring a warrant from a friendly judge, the FBI proceeded to seize all electrical items in the library including photocopiers, printers, lightbulbs and such. They further proceeded to search the homes of all University employees who were freedom hating "library card" carrying Islamic radicals.
Ms. Kathy Glick-Weil, if that is indeed her real name, was questioned, beaten, questioned again, put on the Homeland Security "No-Fly" list, and will be watched by federal authorities for the rest of her life, which will be spent in beautiful Guantanamo Bay, Cuba.
When asked what her feelings on the matter were, Ms. Glick-Weil was beaten again.
Ok, so, 5 dollar burger versus 20 dollar steak... right? Alright, we can run with this... So, the burger translates into someone with normally low medical expenses, while the steak would be that old cat down the road who takes 45 pills a day just to survive... alright... burger-man, seeing what he's getting dollar-for-dollar, decides "Hey, you know something, I'm gettin' screwed!" and thus, because he also feels he deserves steak (45 scripts a day), he starts writin' off his "enhancement" medication (the kind we get flooded into our mailboxes every day), he starts writing off his wife's cosmetic surgery (and his underage child-star beauty pageant daughters trips south of the border), he starts writing off his brand new experimental-surgery-tentacle-and-wing-grafts that he got to impress the guys at work ("LooK Fellas! I'm so far beyond the mere human!"), etc. All for only a meager hike in insurance rates. Meanwhile, poor old steak-man, who could barely afford to pay the insurance that covers his pills in the first place, also gets to help foot the bill for all these absolutely vital medical costs that burger-guy is accruing, which, while they may not actually add up to steak-man's previous expenses, they surely do something to his bottom line. So now that insurance are just out of reach of steak-man, who was at one point able to afford insurance (but never all the meds he requires), he's left with 2 options; rob a bank, or die. Then he goes to jail (because he was kinda diggin' on staying alive and whatnot) and we all end up paying for his share of the insurance - which from jail he can't - and is miserable in his new life as a prisoner, while we are all miserable for paying for this prisoner to stay alive; after all, this schmuck robbed a bank - he's scum, right? So now we got the burger-guy - happy, successful, loving family, job at a good law firm (we'll assume), medically "enhanced" endowments, beautiful wife and daughter, and proud owner of body parts a human shouldn't have but that'd make life easier on a guy that does - and steak-man - prisoner, bank robber, and chemical dependant - who both have everything they could need or want out of medical science, only this tim
So the computers they wanted to seize were eMate 300s?
I'm as concerned about my civil liberties as the next guy.
/.ers appearing to believe that a warrant should be required to be issued in all cases, without exception. I just want to remind them that if it's my [damn] house, and I want to let 'em search without a warrant, that's my right, too (of course assuming that there's no coercion, etc). I think that still counts as "secure in [my] persons, houses, papers, and effects..."
Actually, probably more than the next guy. Or more than the next 51% of guys.
I tend to agree with Mr. Franklin, in point of fact.
And I, too, applaud Ms. Glick-Weil; the FBI should damn well have relented in this situation, IMNSHO. More quickly than they probably did, in fact.
One thing I see, however, is a lot of
Now, mind you, I'm not saying that that's necessarily the sort of thing I'm likely to do. I think I'm likely to stand with Ms. Glick-Weil, depending on the circumstances, especially given the atmosphere of national security of late. On the other hand, I don't tend to have anything to hide, and I do believe in citizens helping out law enforcement to a reasonable extent. Balance, I think, is the key.
Havent been keeping up with the news lately have you.
---- Booth was a patriot ----
This is not suprising. The primary purpose of a warrent isn't for the person being served. It is to prevent casual civil rights violations by the police. Most of us have seen police commit crimes. Usually minor ones like taking a bribe of free food or coffee in a restaurant. The warrent is so that the police won't take that kind of casual attitude about entering your home.
The handing over a warrent, I would suspect, is more for the investigation of businesses, and other less violent crimes. In those cases, handing over the warrent can prevent escalation.
I know if someone enters my home without knocking, and waiting for a response, my first reaction would be to hit them in the head with something heavy, and preferably sharp. Luckily, I have no history of any illegal activity beyond a couple of speeding tickets. This makes it exteamly unlikely that the police would bust my door down. I'm just glad that if they do, they will have to have had a third party verify their intent BEFORE they try.
Medicine and medical help is actually very cheap. I pay my doctor and my clinics cash before service and get a nice discount, sometimes 70% less than "retail" or insured price. My insurance is very cheap even with two expensive pre-existing conditions that are covered (kidney stones and TMJ problems). I don't use my insurance for regular medical care -- checkups, minor accidents and the like. I use insurance for big problems. Over 10 years I socked away about 10 ounces of gold to cover my deductible, which is now US$5000 and I am negotiating to move my deductible up to US$20,000 in the next 2 years. The more I sock away for savings, the cheaper the insurance gets. And I have great insurance.
Because I prepay cash, my doctor is happy to give me the best treatment possible. My last kidney stone attack was followed up by a house visit -- he appreciates that I respect his ability and offer to pay in cash up front to keep his paperwork and overhead costs down.
Medical care can be cheap if it wasn't to cover every sneeze, cough and pain. Americans (and the world) look at insurance as full coverage for everything. I look at insurance for what-if situations.
Half my family is on lipitor because of cholesterol and high blood pressure. When my blood pressure and weight skyrocketed at the age of 25, I cut my sugars and starches, increased my healthy fats and proteins, and watched my weight and blood pressure and cholesterol fall to pre-high school numbers. I don't take pills. I am healthy, I watch what I eat, and I won't cost the taxpayers hundreds of thousands of dollars because of an irresponsible diet for 50 years of my life. Yet I have to pay for you fatties who won't stop eating starches and sugars.
The library's computer doesn't belong to you. It belongs to a local government.
How would there be any expectation of privacy or anything else? It's not your computer, so there would be no 4th amendment violation.
Except for ending slavery, the Nazis, communism, & securing American independence, war has never solved anything.
Bullshit indeed. If you read TFA you'd see the library staff did pretty much what you said they should.
And the Feds DID then take those 3 PCs. Who's the moonbat?> NOBODY - President and FBI included - has the right to do whatever they want, whenever they want.
They don't. But hot pursuit carries a different standard. And remember they 4th doesn't say "Police, Intelligence agancies, hell NOBODY can do anything without a warrant." It says citizens are protected against "unreasonable search and seizure".
And my reaction would be different in different circumstances. For example if they FOUND a bomb and were trying to get the guy to learn how to disarm it before it went FOOM! I'd probably compromise with "Give me your word as an Agent of the FBI to have me a warrant before end of business today and I'll give up a name now; and we will all just fudge the timeline if any moonbats start poking around."
The key thing is to realize the law is intended to codify rules intended to protect us in general, it isn't a suicide pact. There are times when you have to do what is right even if it isn't, strictly speaking, perfectly legal. The agents are chasing a potential bomber, the librarians have legal obligation. But you don't have to see it as good vs. evil, the trick is in realizing that and working out a compromise where the public good is served AND the core ideals of our civilization are kept instead of seeing it as an oportunity to grandstand before the TV cameras.
Democrat delenda est
The same people that have been lauding the librarian for her stand would probably been the people howling the loudest about how the Feds didn't do a thing to stop this tradgedy if there had really been a bomb.
I for one am glad that the librarian insisted on a warrant. I've been disturbed by the laws that Congress has passed recently in the name of fighting terrorism. But, I also have some idea of how difficult the job of assessing terrorist threats is. How many people would have been willing to submit to some of the measures implemented in airports befor 9/11? By the complaints I have heard often, I would guess very few would have felt them necessary (some would argue that they aren't necessary now either). The Federal government, even now, has to walk a very fine line. On the one hand, we the people hold the responsible to protect us for terrorist threats. On the other, we don't want too much government intervention. They can't seem to be using techniques such as profiling (whether or not they really are), because that would raise the cry of discrimination, but they also have to be aware of the fact that the most credible threat to safety comes from a militant arm of a particular sect of a religion, centered in a particular region of the world. I for one am glad I don't have the job of having to deal with this stuff. I'll stick with writing software in my little office, thank you.
IANAL... But I play one on
I mentioned this in a reply to someone's post, but I'll restate it here.
When you are on a library's computer you are on property owned by the public, presumably the county or municipality. There is no expectation to privacy. No 4th amendment rights are being violated.
It's not the suspect's computer.
Except for ending slavery, the Nazis, communism, & securing American independence, war has never solved anything.
Because it's a public library and they wanted to seize public computers where someones "reasonable" right to privacy doesn't seem reasonable. They weren't picking through book rental records or anything along those lines. Would the FBI need a warrant to take a public library's public photocopier or public fax machine to get finger prints or fax records if there were exigent circumstances? I don't think they would. Should I have a "reasonable" expectation of privacy using a public photocopier? It's public property and IMO the FBI didn't need a warrant to seize the computers.
The librarian should have been arrested for obstruction of justice / impeding the adminstration of justice and they should have been done with it. There were exigent circumstances present since the computers could have been tampered with and evidence pointing to the threat-maker lost. Between being a public library, a public appliance where no "reasonable" expectation of privacy should be expected and there being exigent circumstances since it was a bomb threat and the evidence was technically in plain view and on public property, I guess I don't see why the FBI tip-toed around this one.
Is there any information I'm missing or did I pretty much cover it?
Not into answering questions are you.
I've been keeping up with the news, so where does it say the FBI can confiscate equipment without a warrant? Note, I did not say "with a secret warrant" (I've read the patriot act too), I mean completely without any court oversight.
Finkployd
> If you read TFA you'd see the library staff did pretty much what you said they should.
No I didn't read That FA, and I guess I should have since it had more information than the link I'd followed over the weekend from an email passed around librarian circles. So they did pretty much DO the right thing, but afterwards they still used the opportunity (or the press used them, could be either way) to launch a standard issue moonbat 'they wanna trample our civil liberties' rant.
Democrat delenda est
Perhaps, freedom could be likened to a dynamic state, and despotism to a static state. Always, the tendancy is to fall back to the static, unless effort is exerted in the dynamic direction. If things could be described thus, then these kinds of things will *always* happen, and we can only hope that effort is exerted (as it was) to oppose it.
There's no need for anger against injustice, only the awarness and will to oppose it.
"We are all geniuses when we dream"
- E.M. Cioran
The 4th Amendment does not protect public places or institutions belonging to state, federal, municipal entities --- ONLY PRIVATE PERSONS AND THIER PROERTY.
Furthermore, ALL public employees are bound by the US Constitution to comply with federal law, and not to interfere. If The FBI agents, want the computers so they may ENFORCE federal law.
3rdly, if the Libarian knows that there MAY BE materials on computer evidencing the nature of attack by by an Enemy of the United States, she is bound under Article 18 of the US Title code "Treason, Sedition and Subversive Activities" to inform the federal government of such an attack or evidence.
4th as a employee of the state, she is also bound to uphold and report any crimes to the state.
Speaking of librarians and the Patriot Act, here are Dave Lippman' lyrics to "Ayatollah Ashcroft." (http://www.davelippman.com/
Well, I went down to see my librarian.
Did I mention her name, it was Marian?
She was handing my checkout records to this guy
Who examined it for the FBI.
Well you can't always get what you want
Cause some of the books have been withdrawn.
They had passages from the Koran.
And if you translate some, you just might find
How to make a bomb.
Let me tell you a story
About John Ashcroft
And all the good things he has done
Thank you. Thank you very much.
"Listen up folks, this hate of our own country is going to end up getting a lot of people killed just to stroke some moonbat egos."
So you equate advocacy of the fourth amendment with "hate of our own country"?
Does that extend to the rest of the Bill of Rights or just the 4th?
How shall we protect the country from those who love it as you do?
If anybody here works in the Waltham PD, we want our cluster computer back that you confiscated after last year's bomb threat. Thanks.
Good luck - took me 5 months to get my cookie tray back after I dropped off the surplus of a cookie exchange.
It would appear that the issue was one of convenience versus privacy. This wasn't any great stand against the "Evil[tm] PATRIOT Act", it was a librarian trying to keep from losing 30 computers.
At worst the local FBI officials could be accused of being a bit heavy-handed but they were investigating a crime and they did obtain a warrant when they could not obtain voluntary cooperation.
--- I wish I could hear the soundtrack to my life. That way I'd know when to duck.
The emperor will not be happy.
No one thinks phone calls made to Al-Qaeda shouldn't be taped.
I do. I think it's a waste of time and money. There are more important things to do.
Terrorists are pikers. Alcohol abuse kills more people than terrorism. Enron wrecked more lives than 9/11. The US government has committed far more atrocities than Al-Qaeda ever will. Terrorists are a just bunch of incompetent, underachieving losers with good press; hell, diseases you never heard of kill more innocent people than terrorism every single day.
The USA government's highly successful campaign to convert the "home of the brave" to the "land of gutless wimps" disgusts me. People are lining up to give away their civil rights (and their tax dollars) chasing some imaginary feeling of security that can't really be achieved since they have become terrorized, puling cowards.
Not that I agree with the other side, but it's easy for you to claim that your federal system works better. Your whole Island is about the size of Illinois, one measly moderate sized state out of 50. Our federal government has a lot more work to do, no doubt about it.
The truth? You can't handle the truth!
http://lkml.org/lkml/2005/8/20/95
According to the Constitution, neither is in the list of things the federal government must investigate.
The US Constitution is a wisely written document, and that's why it has survived for over two centuries. It states how the government is constituted, from which its name is derived. It states what the federal government can do, and things the government cannot do. Its first ammendments state some basic rights citizens have, things no government can take away.
The best of all, are the limits stated by the government on these rights and attributions: if something isn't prohibited by the law, every citizen is allowed to do it. OTOH, unles something is specifically mentioned in the constitution, the federal government cannot make laws regulating it.
The FBI is in a very delicate situation on all this, its existence hangs on a mandate by the constitution allowing the federal government "to regulate interstate commerce". In the cases you mention, serial killers and kidnappers, the FBI doesn't start investigating them unless there is evidence that the criminal has crossed state lines. Even then, it's a wild stretch of imagination to assume that a serial killer or kidnapper is involved in interstate commerce.
"They don't. But hot pursuit carries a different standard. And remember they 4th doesn't say "Police, Intelligence agancies, hell NOBODY can do anything without a warrant." It says citizens are protected against "unreasonable search and seizure"."
Actually it as says:
Amendment 4
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
The later part of it would seem to imply that what constitutes a reasonable search and/or seizure is to be determined by the courts and supported by issuance of a warrent. Indeed there is a Supreme Court ruling that says warrantless searchs are inconsistant with the 4th amendment and therefore unreasonable.
In the United States v. Rabinowitz (1950), 339 U.S. 56, the Supreme Court of the United States had held that a search without warrant was not ipso facto unreasonable. Seventeen years later, however, in Katz, Stewart J. concluded that a warrantless search was prima facie "unreasonable" under the Fourth Amendment
Also
"Over and again, this Court has emphasized that the mandate of the [Fourth] Amendment requires adherence to judicial processes," United States v. Jeffers, 342 U.S. 48, 51
As the "computer geek" for several libraries, I can state without doubt that they only did what they're supposed to do. Libraries are governed in part by the Library Privacy Act. The Library Privacy Act states in no uncertain terms that Libraries are REQUIRED BY LAW to protect any and all personally identifiable information. This means, we can't even tell you if your 10 year old kid used the computers or checked out a book UNLESS you have a warrant or Patriot Act Summons. If the FBI, CIA, NCIS, or Dubbya showed up unannounced and demanded we hand over our computers WITHOUT a warrant or summons... we'd tell them to go fetch said warrant or summons. It's a simple check and balance system. All this article illustrates is the failure of the FBI agents to follow the letter of law: you can't look up someones personal information (which every computer used for public internet access may or may not have on it) without the proper paperwork. Incidentally, if the FBI or whomever showed up at any of the Libraries I work for and asked for computers... they'd be SOL, even with a warrant: there IS no information stored on our computers thanks to software like Deep Freeze.
If I had mod point I would mod you funny cause that was funny. G.W.B cares about the constitution. Now that would be something I love to see.
He nicely side-stepped the issue by redefining the terms. If instead of "we did not know about their plans until it was too late" he had said "we did not know about their plans until X days before the attack" (a true but less amgiuous statement) it would have become a pretty poor rationale for instituting warrantless wiretaps.
You seem confused. Nobody hates our country, especially not librarians. We just hate you.
Librarians are not a "core moonbat constituency". Librarians are the people most acquainted with "knowledge", which is a kind of useful information that the right has no particular acquaintance with. Many librarians are also familar with "history", and "reading comprehension", and several other fields and skills that, again, the right has generally discarded as inconvenient. So, from the reality-based community's perspective, librarians are just doing what they have always done; it's just that the right isn't particularly fond of core values like the open flow of information or free inquiry.
Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety.
-Benjamin Franklin> Librarians are not a "core moonbat constituency".
Riight. Listen buddy, I was there in Texas and saw what I saw. Think about what I said. In Texas, the very heart of Bush Country, the vast majority of librarians were to the left of the Democratic party. I was there at ALA's national convention in 2000 and saw the blatent politicization of the ALA bookstore. I know librarians. I happen to be fortunate enough to work in a library that has a diverse collection of people that also includes Republicans and Libertarians but am under no delusions as to what the average looks like.
Like leftists in general, they are no more devoted to free inquiry than the Taliban.
Democrat delenda est
Your rights: use 'em or loose 'em.
The threat was to blow up a building, but then again the FBI was talking about taking the computers rather apparently to get evidence to prosecute. It would have made more sense to clear the library and use the computers in place if they were racing the clock to find the bomber.
My question is, did the librarian do this same calculus? Or would she have obstructed a search if lives were on the line, or a terrorist act were imminent? She doesn't come off sounding like someone who recognizes that sometimes we as reasonable people can surrender non-essential liberties for a lot of security, and end up with both. (To flip the Ben Franklin quote, which is concerned with essential liberties, more fundamental than whether when lives are on the line an FBI agent can see the same things that minimum-wage library slaves peruse everyday.)
Without the warrant, the FEDs could have searched anything found on the PC. From the article:
Late that evening, the FBI received a warrant to cart away the three computers. According to Mayor Cohen, the warrant allows the FBI to view only the threatening e-mail message and the messages sent immediately before and after that message.
...
"We were able to both protect public safety and also protect the rights of people, the sense of privacy of many, many innocent users of the computers," he said. "Had we given them the computers, they would have gotten to see e-mails from ordinary citizens doing ordinary things and would not have preserved privacy."
It must have been something you assimilated. . . .
No, im just not into answering stupid questions by people like you who wouldnt understand the answer.
---- Booth was a patriot ----
I beg your effing pardon, but did you go to the school in question, do or did you live in Waltham? I Did. your description of the school is false and without merit. Go bite a rock.
This would be the equivalent to me calling the police that someone has broken into my home and then my wife not letting them in without a warrant. Brandeis University was the victim of the crime that had been committed. For and employee to not then help in anyway she could in the investigation is stupid. Had this been in any other business other than a University the woman would have been fired before they could have gotten the warrant.
Is buying a Harley Davidson as your first motorcycle since you were 16 at age 49 a midlife crisis issue?
#1 - I ADOPT. Do you? No? Then shut up about who has the "right" to have kids. And yes, I am fertile, as is my spouse, although it's none of your business. I have a biological kid too. And no, I don't adopt Chinese or Russian babies, I can't afford to fly to exotic places and rescue children. I go to the closest major city, which happens to be Wilmington.
#2 - I do not ask for or receive any charity from you, the government, or anyone else. Period. I am self-sufficient through 20 years of hard work; I own productive land with game and clean water and I would be fine if every other human on the planet disappeared tomorrow. So shut up about paying for me, you simply don't. I pay for you, though, since you require the business environment that my tax dollars make possible - an environment my family does not require. I have read your blog and posts; you require social support structures far more than I do.
#3 - I don't watch TV, we cook at home, we don't have an X-box, we drive to the beach for vacation, and all your other typical classist and racist arguments don't apply to my family either.
So, I do have a right to have kids. I have demonstrated it by providing a home and education for homeless, parentless kids you clearly don't want to pay for.
You, on the other claw, have not earned the right to even talk about parenting, much less the right to be one. Your snide contempt for poor people's financial mismanagement invalidates whatever good your "churches" do with your donations, as far as I'm concerned; in fact I'd rather you kept your money and grew some compassion.
And finally: Listen, I've seen "kill all nigger-lovers" spray-painted on my goddamn sidewalk, when we were the only mixed-race family in the plastic yuppie neighborhood I used to live in. I'm marked for death by the fucking phineas priests because I'm actually doing something meaningful while you grub for money and post clueless tripe about parenting on the Internet. Go adopt some parentless inner-city children, raise 'em up to be productive, self-actualized human beings and then you'll have the right to lecture me.
Touche, I bow to your superior public debate skills.
Finkployd
Makes me wonder when they'll get their computers back...
Though it sounds as if without the warrants, 30 would have been seized, but only 3 with the warrants.
Still, I wonder if there will be some hidden "retribution" expressed in return time or condition.
The living have better things to do than to continue hating the dead.
They don't need a warrent to look through the windows.
In Nevada, the detain you, have you car impounded, then search it as part of the impound procedure.
The Kruger Dunning explains most post on
Furthermore this wasn't a panicked run to the library, there was a call made a half hour prior to their arrival informing the library. In that time the agents would have had no difficulty obtaining the required warrant and confirming it with the library upon their arrival.
Instead the FBI agents involved (incorrectly) assumed they could walk in, seize, and then search anything they wished. That they assumed so points to a grave deficiency in their training and understanding of the legal requirements they operate under.
I don't read ACs: If a post isn't worth so much as a nom de plume to its author then I wont bother either.
Listen up folks, this hate of our own country is going to end up getting a lot of people killed just to stroke some moonbat egos.
What's a moonbat?
Give me Classic Slashdot or give me death!
I don't understand what your disagreement with the Newton librarians is. They told the FBI that they needed a warrant, and you say you would do the same thing. Noone has charged that the Newton librarians were trying to resist a legal authority. They only required that the law be followed. This is not something a conservative has much use for or interest in, I realize. Respect for the law is, apparently, a liberal notion.
FWIW, I would have probably been applauding for Ralph Nader as well, as he is the most honest and straightforward person in political life in the US today, possibly tied with Jim Hightower.
Are you seriously suggesting that we take his words as nothing but the truth and leave it at that? Jeebus dude... at least post some facts or something and then we can show you the changes that were made that make his "words" true, but far from the complete story.
I'm sorry, but the ones we have give the opportunity to represent us should be questioned more than anyone. Take off the blinders.
"The greatest obstacle to discovery is not ignorance - it is the illusion of knowledge." - Daniel Boorstin
You can't get everything. You can't have freedom without some risk. I'm sorry, but the whole 'child kidnapping' thing is a bunch of hype. My cynical side says it's hype originated by the media to grab viewers, and exploited by the government to grab power.
For me, I'm willing to risk not having the FBI arround to investigate my child's kidnapping.
Besides, how many go missing right now even with the FBI? LOTS. Where are the stats on kidnapped children actually found by the FBI? I don't know, but I bet the percentage is LOW.
Therefore, not worth the loss of freedom.
Blar.
But, as this IS SlashDot, and it IS easier to skim the headlines than to read the article, reactions like this should be expected.
Mea Culpa. I didn't read the article that the original poster cited but I did read the origianl post and it clearly read... "A librarian at Brandeis University forced the FBI to obtain a warrant to seize computers used to send threats."
Is buying a Harley Davidson as your first motorcycle since you were 16 at age 49 a midlife crisis issue?
> I don't understand what your disagreement with the Newton librarians is.
As I explain in another post, I had read a different account passed around librarian mailing lists over the weekend. Much higher moonbat spin on the version I read. But I still question why they even brought the press in on it at all. If they hit me with a request I'll need the warrant to comply with State Law (which I do consider to be a good law btw.) but I'm more than willing to do my bit to stop some asshat that thinks it is funny to email in a bomb threat. In a nutshell, I believe I'm basically on the same side as the law. I get the feeling those librarians in MA, even after the warrant were grudgingly turning the stuff over only because they had no other option and then running to the nearest reporter to whinge about who horrible the whole ordeal was. Good grief, you would think the FBI showed up with rubber hoses or something.
Democrat delenda est
OK, I can see that - I was feeling the same way until I read the article myself.
Perhaps Slashdot needs to be a little more accurate in their headlines.
[offers hand]
Strike while the irony is hot! -- The Freethinker
I think you missed the point of the parent's post. In my opinion, he was just being sarcastic to make us realize that those very clear words that Bush said in April, 2004, directly contradict what he has been saying lately.
In other words, months before being re-elected, he proclaimed himself as a champion of constitutional rights. Less than two years later, he is claiming that those rights should have exceptions. And he wasn't supposed to be the flip-flopper...
Within a group of voluntary cooperation, both parties in any transaction profit from the transaction.
You say this as if it were axiomatic. It is not. It is only true when all other sources of power and coercion are equal, when both parties are on equal footing.
I have seen too many instances of sleazy people taking advantage of times of grief, or ignorance, or a superior social position. Your axiom works only when honor is involved, and in my experience, too many people lack honor.
Microsoft is to software what Budweiser is to beer.
Oh yeah, I remember... Luke Chapter 18:
/. for quotin' scripture)
11 The Pharisee stood and prayed thus with himself, God, I thank thee, that I am not as other men are, extortioners, unjust, adulterers, or even as this publican.
12 I fast twice in the week, I give tithes of all that I possess.
(With appologies to
Trying to use sarcasm in text-based forums does not work.
Google is your friend.
Is that like Google?
I've seen that ep of Cops a lot. That's the one where they end up recording him calling her from a pay phone to ask why she set him up.
But anyway, having a tip of drugs in a car is probable cause. If a cop doesn't have probable cause, they need a warrant. Just speeding or having a taillight out or something isn't probable cause to search your vehicle.
I thought most people actually knew all this stuff. I guess not.
http://lkml.org/lkml/2005/8/20/95
You should all take a look at the following page:n ks/radicalbutton.htm
https://www.ala.org/ala/oif/basics/basicrelatedli
with more details at:
http://www.librarian.net/stax/1575
The gist is that the parent is right on. We should learn from our librarians how to be better protectors of our civil liberties.
JGG
What debate? Im right. Always.
---- Booth was a patriot ----
In my opinion, you are correct.
Watch your child or children. You're the parent, it's your responsibility. If your child or children tends to want to run away, discipline him or her and make sure it doesn't continue to happen. You're the parent, it's what you signed up for. Hopefully you taught them to not run in the street, play with fire or run with scissors already but if you don't know how to discipline or take care of your child or children then get some help from someone who can teach you. Also you might want to learn how to keep them from screaming or acting up in public, most parents have a handle on that and if you are one of those parents who is without a clue then for heavens sakes buy a clue and get some parenting help. I see too many children outside alone, parents all too busy to sit out onside and watch their children play. Too many excuses for lack of attention and proper care. Not many children will actually have harm befall them but why tempt fate. Be a better parent.
Enjoy your Karma, after all you earned it. Feel your Karma Joe, feel it burn.
OOOOK..
The librarian did the right thing by refusing. As the mayor pointed out, law enforcement can seize ANYTHING if they believe a crime is in progress (like a bombing).
The FBI agents either didn't really believe the threat was credible, or they were ridiculously over-concerned with their PR image and didn't do what is within ANY law enforcement officer's right to protect the public....as the Mayor pointed out "the agents probably would have seized the computers without even asking for them."
The PATRIOT act extends this exception to public email terminals:
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SEC. 212. EMERGENCY DISCLOSURE OF ELECTRONIC COMMUNICATIONS TO PROTECT LIFE AND LIMB.
`(3) a provider of remote computing service or electronic communication service to the public shall not knowingly divulge a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications covered by paragraph (1) or (2)) to any governmental entity.';
`(c) EXCEPTIONS FOR DISCLOSURE OF CUSTOMER RECORDS- A provider described in subsection (a) may divulge a record or other information pertaining to a subscriber to or customer of such service...if the provider reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person justifies disclosure of the information"
"You can't be a gynecologist, unless you are a woman."
I believe that women should have an advantage in this area of study, but that doesn't mean that men know nothing.
testing out my trending skills
The scary thing is the Feds expected to get what they want, without a search warrant. Instead of working under the limits of the law, they went right into action and tried to do whatever they wanted.
Quite scary that they would expect anyone to just go along with that.
Yeah, that little constitution thing just gets in the way all the time eh? Firstly, I work in a real library (as opposed to you down there in bumfucked) and the folks there are just fine. They don't drink the Bush Kool-Aid. Secondly, you're an idiot, your linux distro sucks, and I will find it funny if RedHat ever finds a way to drum your stupid parasitic ass out of existence.
Google for Trooper Mark Coates.
.357 magnum hollowpoints - the perp lived to serve prison time. Conversely, the bad guy shot the trooper once more with a .22 pistol *after* being shot - and the bullet severed an artery, resulting in the trooper bleeding to death at the scene.
Short version: a state trooper shot an obese perp four times in the torso with
It's not that you shoot them - it's *where* you shoot them.
The other matter is, that once someone doesn't go down after being shot the first time, there's a tendancy to empty the firearm. Keep in mind that lethal force is allowed only when someone's life, usually the shooter's, is in danger, and then it's easy to justify someone being shot ten times.
...you get no say. QQ loser
You're mixing the tautologically meaningless and the just plain stupid. Of course librarians lean leftward, because if your job is to encourage the use and understanding of information, you're doing liberal works by definition. What possible analogy can you draw between 'leftists' and the Taliban that isn't purely retarded? The Taliban are religious conservatives, you moron; they're book-burning art-cleansing opposition-killing zealot fanatics, just like we have in the US, and in the US I can assure you those folks aren't voting Democratic.
I happen to be fortunate enough to work in a library that gets evacuated on occasion, because of actual terrorist threats, like airplanes heading toward it. In 2001, this place was closed because of anthrax in the ventilation. Also, it's sitting a block away from a likely target of Flight 93 on 9/11/01. Do you dare accuse the people who come to work here of hating America, because their politics differ from yours, while you sit in some podunk little town that's never going to be a terrorist target because it's hundreds of miles away and several decades in the past? You myopic imbecile.
Speaking only for myself, of course, and not for liberals, librarians, or anyone else,
I will confess that part of my reason for working in libraries is to ensure that by preserving and sharing human knowledge, and not just the parts your favorite party deems acceptable, that mindless thuggish fascism will inevitably be overcome, and basic Jeffersonian American values won't be called "hating our country" by people like you.
And he wasn't supposed to be the flip-flopper...
I think he flipp-flopped on whether to be a flip-flopper.
Learn to love Alaska