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Library Chief Criticized for Requiring Subpoena

sudnshok writes "Hasbrouck Heights (NJ) Library Director Michele Reutty is under fire for refusing to give police library circulation records without a subpoena. Her lawyer explained, 'Reutty did the right thing... At no time did Michele Reutty say to any police officer or anybody else that she would not give the information if it was properly requested.' However, borough labor lawyer Ellen Horn, who also represented the library trustees, said Reutty was 'more interested in protecting' her library than helping the police. 'It was an absolute misjudgment of the seriousness of the matter,' Horn said."

115 of 715 comments (clear)

  1. Protecting privacy by tekspot · · Score: 5, Insightful

    protecting privacy is not "cool" any more...

    sad day

    1. Re:Protecting privacy by The+Snowman · · Score: 5, Insightful
      protecting privacy is not "cool" any more...

      I like the line "...said Reutty was 'more interested in protecting' her library than helping the police." What, am I supposed to disagree with this? Hell yeah I want her to protect the library and its patrons and only help police when necessary. If it takes a subpeona, so be it. If she can help the police without compromising customers' privacy, that's cool too.

      I was talking today about the recent theft of veterans' data and the recent trend of theft of personal data in general. Yes, I am one of those unlucky veterans. Sigh. Anyway, this really is not a privacy issue so much as a Congress issue. Until they force banks, phone companies, etc. to protect our privacy through common sense legislation, we will have personal records stolen with little to no accountability and police demanding our personal records from libraries and elsewhere (or the NSA demanding our records from AT&T). The worst part is, nobody seems to care. It is a non-issue in the news. It happens, but never ignites the flame of public debate and outcry. We care more about Jolie's new baby than our phone records. Sad.

      --
      24 beers in a case, 24 hours in a day. Coincidence? I think not!
    2. Re:Protecting privacy by dbIII · · Score: 4, Insightful
      protecting privacy is not "cool" any more...
      And neither is due process it appears. How long will it be before we bring Saddam's methods of running prisons home after giving them a try in Iraq and Cuba? People already disappear without charge or trial - and we need to get back to due process again before things go too far and the suspects start turning up dead.
    3. Re:Protecting privacy by TheGratefulNet · · Score: 2, Insightful

      protecting privacy is not "cool" any more...

      its too late for that. we lost all sense of privacy. all of it.

      what I'd like to do is GET IT BACK. then once we get it back, THEN we can protect it.

      --

      --
      "It is now safe to switch off your computer."
    4. Re:Protecting privacy by Dorceon · · Score: 5, Insightful

      Obviously it was the police department 's misjudgement of the serious of the matter. Otherwise they would either have got a subpoena (if it was actually important) or not bothered (if it wasn't).

      --
      What sound do people on rollercoasters make? Hint: it's not Xbox 360.
    5. Re:Protecting privacy by Anonymous Coward · · Score: 5, Insightful

      That's what happens in a police state. You Americans are in a very bad way and unfortunately the majority of citizens in your country are too self-absorbed to see past their own noses and that is why the politicians/big business are getting away with the hijacking of your country.

      Wise up and take it back before its too late.

    6. Re:Protecting privacy by Anonymous Coward · · Score: 5, Insightful
      "I like the line "...said Reutty was 'more interested in protecting her library than helping the police."

      Interesting how today's government officials habitually speak in the 'ad hominem tense' of anyone who opposes them, isn't it? In a world in which uni-brows don't make police chief that would have read "more interested in protecting her library patrons' rights than helping police efficiency."

    7. Re:Protecting privacy by RareButSeriousSideEf · · Score: 5, Insightful

      I would damn well hope she's more interested in protecting her library... she's a *Library Director*.

      If she were a *Detective*, maybe I'd expect her to be more interested in helping the police.

      Well, since congress has been co-opted into being acting agents of the MPAA, it should be no surprise that some enforcement folks expect to be able to commandeer the investigative efforts of any & all public personnel, on a whim.

      I'm glad this lady got it right.

    8. Re:Protecting privacy by guruevi · · Score: 4, Insightful

      If you didn't know, a lot of those people are already dead. Look what happened in Gitmo a few weeks ago: they started commiting suicide and more will follow. What would you do if you were sitting there for 3-5 years and no hope of ever getting out or even getting a trial.

      --
      Custom electronics and digital signage for your business: www.evcircuits.com
    9. Re:Protecting privacy by Wordsmith · · Score: 4, Insightful

      There have been plenty of cases where people (re)gained rights without revolution - assuming that we're not talking about a loose definition of the term that equates to any sweeping change. Slavery ended, and so did government-institutionalized segregation. Women got the right to vote. The Japanese were allowed out of their internment camps. McCarthy's blacklisting stopped. Portions of the PATRIOT act were scaled back.

      The lovely thing about a Republic is that legislators DO have some incentive to listen to the public, and respond when the public really wants something enough. Corporatism muddies the process substantially, but ultimately, the politicians still need our votes.

      That being said, the historic trend is for governments to take more and more rights away - until it's no longer a given that the rights that were once enjoyed are natural to have. It's up to the public to be diligent and prevent that.

    10. Re:Protecting privacy by Gryle · · Score: 5, Insightful

      With due respect, I don't think this is just an American problem, I think it's a global issue. Goverments, especially first world governments, seem to be tightening the grip on their citizens. America's issue is that it still claims to be a beacon of freedom and civil rights for the world, while the Constitution is being slowly eroded. The contrast is starker because of America's claims about herself.

      --
      Only two things are infinite, the universe and human stupidity, and I'm not entirely sure about the universe - Einstein
    11. Re:Protecting privacy by 1u3hr · · Score: 5, Insightful
      Obviously it was the police department 's misjudgement of the serious of the matter. Otherwise they would either have got a subpoena (if it was actually important) or not bothered (if it wasn't).

      They DID get a subpoena -- they're just bitching that the librarian actually made them do that. It took a couple of hours; and it was all in aid of IDing a guy who made sexual remarks to a girl outside the library -- something that should be followed up, but not obviously worth throwing away the rule book for to get him faster.

    12. Re:Protecting privacy by HiThere · · Score: 2, Insightful

      If it's a non-issue in the news, ask yourself "Who owns the news?".

      Hint: It's not the reporters. It's not the editor. They are employees, who serve at the whim of higher management.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    13. Re:Protecting privacy by lonecrow · · Score: 5, Insightful

      "...It is a non-issue in the news..."

      I thought you yanks got rid of all your news shows and replaced them with infotainment years ago. Wasn't it in the eighties during Reagan's time that a bill was passed that removed the requirment for NEWS programs to offer balanced reports and present opposing views. Once that pesky requirement was out of the way your News shows were alot more entertaining and a whole lot less informative.

      Up here in Soviet Canuckistan our state run news on CBC seems allot more balanced then the slhock coming from your Theo-Coporatocracy.

      I suppose there are a few outfits down there trying to deconstruct the propaganda http://www.fair.org/ for example.

    14. Re:Protecting privacy by locust · · Score: 3, Insightful

      The fact that slavery eventually ended is a small comfort to those who were slaves. Do you just say 'my bad' to the Japanese who were interned, or the people whom were destroyed by McCarthy?

      But really, your argument implies that the public was against each of the things you mentioned and it was just those legislators who were wrong. As though if they had listened to the public it would have all been better. They were listening to the public. Thats how we got strange fruit hanging from the trees in the deep south. The role of the gov. in this respect is to protect the minority from the tyrany of the majority. The howling mob reacts blindly and when it goes after blacks, or japanese, or communists (real or imagined), or women, or arabs, or whomever, those people are shielded from its fury. It is the mark of the failure of government when we have to pay these people reparations for things we did to them that are/were clearly wrong.

    15. Re:Protecting privacy by Saint+Fnordius · · Score: 5, Insightful

      These rules about requiring subpoenas are a result of data theft in earlier times. It is supposed to prevent a police officer from abusing his position to collect sensitive information. All too often it's forgotten that there have been cops who will dig up dirt to be used for personal gain. Who's to say the cop wasn't trying to intimidate his sister's boyfriend? The subpoena says it.

      That's the real stupidity here: the system worked like it was supposed to, but because the cops were too careless to ensure they had a proper subpoena beforehand, they are trying to shift the blame to the library director. She on the other hand was ensuring that neither the library nor the police would be open to a technicality.

      That's the real irony: she helped the cops cover their asses, and they're pissed because she knew their resposibilities better than they did.

    16. Re:Protecting privacy by Eivind+Eklund · · Score: 5, Insightful

      It's not even obvious it should be followed up. There is no "right not to be offended".

      --
      Doubting the existence of evolution is like doubting the existence of China: It just shows that you're uninformed.
    17. Re:Protecting privacy by forgotten_my_nick · · Score: 5, Insightful

      > the company I've kept that got me into this mess.

      Well if you bothered to actually read the documents from Gitmo you would find that nearly everyone there has never been charged of crime, that the vast majority released so far as totally innocent spent 2+ years there. Numerous reports of torture and deaths under dubious circumstances.

      Or do you just regurtigate the same crap FoxNews et al spew out.

    18. Re:Protecting privacy by chickenandporn · · Score: 5, Insightful

      Requiring a subpoena -- requiring that the full procedure be followed -- ensures that this procedure will only be done when it's truly necessary. If it's too easy, it becomes just like "rounding up the usual suspects" as a means of investigation.

      "We have a peeping tom, so be sure to check for him at the library, hockey rink, baseball park, grab his vehicle tags, cross-reference his EZ-Pass (transponder-based toll device) find out the times he passes on/off the GSP, see if he has too many or too few assets and salary, credit report, job hours (and when he reports late), check airline tickets, and see if his family were members of the Communist Party..."

    19. Re:Protecting privacy by indifferent+children · · Score: 4, Insightful
      If she were a *Detective*, maybe I'd expect her to be more interested in helping the police.

      I understand what you're saying, but is it too much to ask that our police be interested in protecting our rights? Our system isn't supposed to be adversarial to the point where the police and prosecutors are allowed to get as bent and dirty as the defense team.

      --
      Censorship is telling a man he can't have a steak just because a baby can't chew it. --Mark Twain
    20. Re:Protecting privacy by Anonymous Coward · · Score: 3, Insightful

      Goverments, especially first world governments, seem to be tightening the grip on their citizens.

      Let's call a spade a spade: we're talking about oppression. Using terms like "tightening the grip" or "cracking down" (another favorite) implies that there is something wrong, unnatural, or immoral about freedom in the first place -- as if us commoners have been getting away with it for this long and it's about time government "tightened the grip". These are propaganda terms because they dilute the true reality of the situation. If you turn on the TV, you will see them used over and over in place of the correct term (oppression).

      Don't be afraid to label your rulers how they deserve to be labeled. When they "limit" or "crack down" on your god-given (natural) right to freedom, that's called oppression. Every government oppresses by definition (government being the organization holding the unique "right" to employ coercion against you) -- the only question is to what extent.

    21. Re:Protecting privacy by Just+Some+Guy · · Score: 3, Insightful
      Wasn't it in the eighties during Reagan's time that a bill was passed that removed the requirment for NEWS programs to offer balanced reports and present opposing views.

      First, I too doubt that any such law ever existed. Second, if it did, good for Reagan! I don't want a news report on, say, holocaust deniers to have to present a balanced report of the opposing view. Imagine if all of Slashdot's criticisms of Fox News were required by law of all the other stations, too.

      Up here in Soviet Canuckistan our state run news on CBC seems allot more balanced then the slhock coming from your Theo-Coporatocracy.

      It's not surprising that Canada's national news will echo the sentiments of someone who describes the US as a "Theo-Coporatocracy". Given their government's current view of US politics, I would not have expected otherwise.

      --
      Dewey, what part of this looks like authorities should be involved?
    22. Re:Protecting privacy by rmhartman · · Score: 3, Insightful

      The money quote is this: "I followed the law. And because I followed the law, at the end of the day, the policemen's case is going to hold strong."

      She wasn't "protecting the library", she was protecting the case! If she had "cooperated" and just given the information the case could have been tossed for illegally obtained evidence. If nothing else it would have been grounds for an appeal.

      She did the right thing and they can not even recognize it.

    23. Re:Protecting privacy by IAmTheDave · · Score: 3, Insightful

      Oh, the Mayor - Mayor Ronald R. Jones - is the man accusing Ms. Reutty of obstructing the police. Further, she faces punishment for... I don't know... following the law.

      Mayor Ronald R. Jones - (201) 288-4111

      http://www.hasbrouck-heights.nj.us/

      --
      Excuse my speling.
      Making The Bar Project
    24. Re:Protecting privacy by poot_rootbeer · · Score: 2, Insightful

      It's not even obvious it should be followed up. There is no "right not to be offended".

      I will concede that it's a subject open to reasonable debate, but if a stranger made sexual remarks to MY daughter, I'd want the police to check up on this guy and try to make sure he's not a psycho rapist.

      There's no "right to not be offended", but everyone has a right to feel safe.

    25. Re:Protecting privacy by Garrett+Fox · · Score: 2, Insightful

      Wasn't it in the eighties during Reagan's time that a bill was passed that removed the requirment for NEWS programs to offer balanced reports and present opposing views.

      That's the "Fairness Doctrine," and yes. We have this crazy idea that people have a right to express whatever opinions they want without the feds ordering them to present a government-chosen "other side" of a many-sided debate.

      --
      Revive the Constitution.
    26. Re:Protecting privacy by forgotten_my_nick · · Score: 3, Insightful

      I wish I could mod you up as the parallels between Northern Irelands Internment and Gitmo are frightning.

      There is some good reading on Internment here..

      http://cain.ulst.ac.uk/events/intern/index.html

      Basically people who had nothing to do with terrorism were rounded up (intentionally or due to clerical errors/mistaken identities) and put into a camp where they were tortured and held without any rights. The actions of the 1970's did nothing but increase the number of people joining the IRA which in turn led to more pointless killings.

      The only way to fight terrorism is to combat the cause they stand behind. Again the IRA is a good example, had little to no support in Ireland until the Civil rights issues in the 60s-70s. Once the civil rights issues were addressed they have more of less faded away in relation to the support they get.

      Until you address the issues of what the people in the Middle East are upset about your going to continue this circle for violence for a long time (Ireland went on for over 40 years). Despite what some people think it is not a case of "they hate our freedoms".

    27. Re:Protecting privacy by DavidTC · · Score: 4, Insightful

      Actually, I can kinda see the police's point, although it depends on what they were asking for.

      Because, as far as I can tell, they weren't asking for library records. They wanted to know who a certain person was, and possibly knew he'd checked out a book near that time. That would be in the computer, but the librarian could hand over a list of the few men who checked out library books in that time frame without actually saying what those books were.

      I'm all for restricting the usage of checkout information from the police, expecially 'Well, here's the list of people who checked out these Evil(TM) books'.

      However, 'What is the name of the person who left here between 2 and 2:15, we need to question him' is not really the same kind of request. It doesn't have anything to do with the fact that's a library, or any presumed judgements on him because of his reading materials. It could have been almost anywhere.

      OTOH, this is what law enforcement gets for acting like asses, in general, to libraries, with secret warrants and gag orders and profiling of people who check out certain books. Go in and make a simple request that isn't a privacy violation, and you end up waiting twenty minutes while getting the paperwork straightened out.

      It's the same principle that I take while interacting with the police...if they want me to help them, they can stop all their little 'tricks' that play on accussed criminal's trust, because I'll be damned if I'm going to spend the time figuring out if any request of theirs is legit or a trick because they think I'm guilty of something, or even a trick to get me to lie about something to them, which they've managed to make a crime. They get my name and I'll even prove my identity to them, but that's all the courts say I have to do. I don't have to tell them which way someone ran past me until they get a subpoena issued and present it to me.

      And it looks like libraries have started doing the smae thing. Have fun enforcing the law in a country where no one will help you without being required to by a court order because no one fucking trusts you. It really is getting close to that point.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    28. Re:Protecting privacy by Dun+Malg · · Score: 4, Insightful
      There's no "right to not be offended", but everyone has a right to feel safe.

      Except that they don't, any more than they have the right to be unoffended. I know people who don't feel safe if they see a negro drive by in an automobile in their lilly white neighborhood (though "mexicans" are apparently OK, so long as they have a lawn mower in their truck). I know people who feel perfectly safe standing in front of a liquor store at 1AM amongst the crackheads and whores on West Blvd. Basically, feeling safe isn't a "right", it's a subjective state of mind. I contend that until someone actually does something illegal that the police shouldn't be nosing around. "Think of the children", people will surely say, but there's nothing special about other peoples' children that justifies extra police nosiness.

      --
      If a job's not worth doing, it's not worth doing right.
    29. Re:Protecting privacy by spasm · · Score: 3, Insightful

      It doesn't matter if he's a psycho rapist or not - the role of the cops is to find out if he broke the law right then. If making sexually suggestive remarks to your daugter is an offence in your jurisdiction, then the information they need to charge him (or place a restraining order on him) is in your daughter's statement. If he has a prior record as a psycho rapist and it's part of his parole conditions not to make suggestive remarks to young ladies then the information they need to charge him with breach of parole is in his police/parole record (which they have..) and your daughter's statement. In neither case is knowing what books he's borrowed from the public library going to make any difference at all - it's just the police being halfwits.

      Which is not to say guys making suggestive remarks to women is not a problem - quite the opposite. However, I've usually found that the rest of the frat boys don't think you're so hot when you have multiple restraining orders out on you. And the cops don't need your library records to make that happen..

  2. Oh the Pain by schneidafunk · · Score: 5, Insightful

    FTA: the mayor called it "a blatant disregard for the Police Department"

    When the police are breaking the laws (or sneaking around them) who do we ask to protect us?

    --
    Some people die at 25 and aren't buried until 75. -Benjamin Franklin
    1. Re:Oh the Pain by QuantumG · · Score: 4, Insightful

      I don't ask anyone to protect me. It's not the job of the police to "protect and serve" no matter what their slogan says. It's the job of the police to investigate crime and arrest suspects so that the courts can accurately determine their guilt or innocence.

      --
      How we know is more important than what we know.
    2. Re:Oh the Pain by Saedrael · · Score: 5, Insightful

      What, exactly, is your point? The police are supposed to be protecting you by investigating crime and arresting suspects. Laws don;t exist in a vacuum; they are designed (or they should be) to protect you.

    3. Re:Oh the Pain by Almost-Retired · · Score: 3, Insightful

      Then its time for the 4th of those famous boxes to be used. I'm sure you are all familiar with that saying re the 4 boxes to protect and defend liberty? Soap, ballot, jury, and ammo.

      --
      Cheers, Gene

    4. Re:Oh the Pain by gogoGodzilla · · Score: 5, Insightful

      Yeah they are supposed to be doing a lot of things however they have a habit of bungling investigations. Now by this librarian doing his job he in effect forced the police to do their job and now maybe the evidence, if any, will hold up in court thereby making him a hero...not a terrorist.

    5. Re:Oh the Pain by Irish_Samurai · · Score: 5, Insightful

      This is absolutely correct.

      To assume that some government entity can protect you at all times from any variation of opposition is ignorant. A free society is one where the people are empowered to enforce their perspective without marginalizing anothers right to the same.

      This concept requires (or assumes) that any person willing to exercise this right will stand up in court to defend their actions, and accept the consequences, resulting from it.

      Unfortunately we (Americans) have become a nation of cowards and sycophants. We do not recognize our responsibilities to this concept, nor do we behave in a manner that exemplifies it.

      You must be prepared to do what you think is right, and to suffer the consequences of those actions as dictated to you by the society at large. If you curb your behavior to conform with that of the perceived majority, you will never realize how much power you really have.

      Quite often, doing the right thing equates to being analyzed by police forces, imprisonment by "peace keeping" forces, and ostrization by the socially accepted.

      The choice is yours. Exhibit behaviors congruent with your beleifs, or be subdued in order to continue acting "freely."

    6. Re:Oh the Pain by menace3society · · Score: 3, Insightful

      He was talking about something else entirely, but certain of Juvenal's remarks are apropos to all free societies: "Qui custodiet ipsos custodes?" Who will guard against the guardians, indeed.

    7. Re:Oh the Pain by geminidomino · · Score: 4, Insightful
      Way to miss the point.

      The rules about illegal search and seizure, and cruel and unusual punishment, help keep those guardians of the public from themselves becoming dangerous in their quest.


      This entire story is about those "guardians of the public" (yank-yank) demonizing a librarian who insisted on FOLLOWING those rules about illegal search and seizure.

      Unfortunately for you, in the modern world, naivete is too dangerous to be endearing anymore.
    8. Re:Oh the Pain by indifferent+children · · Score: 2, Insightful
      I think a button saying LIBeRtARIAN would work as well.

      Not likely. The idea of 'public libraries' are not compatible with Libertarianism. Perhaps after the Libertarians got rid of all public libraries, private libraries would come into existence, but don't hold hold your breath.

      --
      Censorship is telling a man he can't have a steak just because a baby can't chew it. --Mark Twain
  3. Key quote from TFA by daveschroeder · · Score: 5, Insightful

    "I followed the law. And because I followed the law, at the end of the day, the policemen's case is going to hold strong. Nobody is going to sue the library and nobody is going to sue the municipality of Hasbrouck Heights because information was given out illegally."

    That's actually the best argument she can make. Any case prosecutors will have against this man will be much stronger because the library complied with the applicable law(s) when responding to a police request. What if that evidence had been thrown out because it was illegally, or at least questionably, obtained?

    1. Re:Key quote from TFA by foreverdisillusioned · · Score: 5, Insightful

      I'm not sure it actually is the best argument she could make, because it almost lends weight to the retards like b0nj0m0n (see his -1 Troll post below) who say that the law should be changed to allow police to do this. IMO, the best argument she could've made was "If the police had just cause for this information, they could have gotten a warrant for it. They did not have a warrant, so I was inclined to believe that they did not have just cause, at least not yet. In this country we have a long-standing precident that people are innocent until proven guilty and a long-standing precident of seperation of powers, including judicial oversight of law enforcement. Anyone who believes that I should have violated my patron's civil rights just because the police said I should needs to either grow some fucking balls and realize this is America, where freedom comes above absolute safety, or move to a "safer" totalitarian country like China, where I hear their police have all kinds of powers that ours lack."

      It never ceases to amaze me that the most diehard, ardent flag-wavers are usually the least American people of all... those who use the word "freedom" the most frequently seem to have no fucking clue what it actually means.

    2. Re:Key quote from TFA by TubeSteak · · Score: 4, Insightful
      What if that evidence had been thrown out because it was illegally, or at least questionably, obtained?
      One of the basic things you'll learn in any course about criminal law is based on writings by a guy named Herbert Packer.

      Basically, there are two ways to deal with crime:
      the "due process" model and
      the "crime control" model

      The due process model revolves around protecting the rights of the accused by presenting formidable impediments to carrying them past each step in the legal process.

      The crime control model desires to protect the rights of law-abiding citizens by stressing efficient apprehension and punishment of criminals.

      Judges and criminal defense attorneys are all about due process
      Criminal prosecutors deal with due process so they can convict
      Most Policemen jump for joy at the idea of the crime control model

      So, to bring everything back to what you said: The Police don't care about questionable origins of evidence. It burns them everytime evidence gets thrown out on 'technicalities'. They do not like things that impede their ability to arrest 'bad guys'.

      Many rational people agree with that point of view, because they see see criminals as enemies, not members, of their community. Anything that prevents the community from defending itself is disabling.

      This Librarian is is experiencing, first hand, how crime control people feel about impediments to capturing criminals.
      --
      [Fuck Beta]
      o0t!
    3. Re:Key quote from TFA by Synesthesiatic · · Score: 3, Insightful

      I've always thought that under the right circumstances the average American would put up with all his/her liberties being taken away, save one: the right to consume.

    4. Re:Key quote from TFA by noidentity · · Score: 2, Insightful

      "Many rational people agree with that point of view, because they see see criminals as enemies, not members, of their community. Anything that prevents the community from defending itself is disabling."

      But the whole point is that you have to determine whether a person is a criminal before you can take appropriate action. Before the court makes a decision, you can only take action against someone you think is a criminal, can only rid your community of someone you think is a criminal.

  4. Grandma was right by Marko+DeBeeste · · Score: 5, Insightful

    Teachers and librarians are the real heroes. They change the world without ever kicking down a door.

    --
    Faith: n. -- That human impulse that drives them to steal appliances when the power goes out
    1. Re:Grandma was right by Marko+DeBeeste · · Score: 2, Insightful

      Absolutely. As Al Capone said "You can get more with a gun and a smile than with just a smile."

      --
      Faith: n. -- That human impulse that drives them to steal appliances when the power goes out
    2. Re:Grandma was right by Skreems · · Score: 4, Insightful

      Yep. Because driving a shiny car makes you a better person than him. Go you.

      --
      Slashdot needs a "-1, Wrong" moderation option.
      The Urban Hippie
  5. Re:She Did The Wrong Thing by Anonymous Coward · · Score: 4, Insightful

    violation of fundamential civil right principles is far more heinous a crime
    than any child molestation, rape, murder, or terrorist act.

    but then, the population of that country called USA really doesn't give a damn
    about that thing called liberty it gives drone-like lip service too.

    never did really.

  6. Journalism isn't an exact science by jd · · Score: 5, Insightful

    And journalists rarely let facts get in the way of a good story. So, I would caution people to not assume everything printed is correct. Nonetheless, to whatever degree it is true that a librarian was asked to break the law by the police, the librarian was in the right to refuse. She is likely to be punished, possibly severely, regardless. I doubt the city or the police will forget in a hurry, no matter who was in the right, and that should be the real point of concern. When revenge becomes more important than upholding the law, there is no law. It is a troubling cultural divide by zero error.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    1. Re:Journalism isn't an exact science by exp(pi*sqrt(163)) · · Score: 1, Insightful

      You seem to have the wrong end of the stick. News reporting isn't about presenting facts. People get a kick out of hating people. This story gives people the opportunity to bitch about the cops and the government and express their hatred. Just read all the posts to this story that people have made to get an idea of how much pleasure people are getting from this story. So please don't spoil everyone's fun by suggesting that they might not have their facts right.

      --
      Doesn't it make you feel good to know that our freedoms are protected by politicans, lawyers and journalists.
    2. Re:Journalism isn't an exact science by SatanicPuppy · · Score: 5, Insightful

      The journalists you're insulting are the only reason you even know about this. And despite what you seem to believe, committing large errors of fact regarding the police to the paper are a quick way to get your ass fired. Police departments are extremely sensitive to bad publicity, and newspapers are extremely sensitive to reporters who "don't let the facts get in the way of the story".

      The odds of said librarian getting "severely punished" drop through the floor when this sort of story gets good media exposure, again thanks to the newspaper who broke the story.

      Unless you're a tv talking head, or a fact-free syndicated columnist, being a journalist is a crap job. You get to spend all day trying to get info from people who only want to talk to you when it furthers their agenda, and you do it for little money, and no respect.

      --
      ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
  7. Re:She Did The Wrong Thing by Anonymous Coward · · Score: 4, Insightful

    are you serious?? You think the entire law of due process and the requiring of warrants should be overturned because of this case?

    i never really thought having warrants and keeping the police in check was a bad thing....

  8. Duh? by keyne9 · · Score: 4, Insightful

    'more interested in protecting' her library than helping the police.

    You don't say? That's precisely why that rule exists in the first place! Fucking morons.

    1. Re:Duh? by mrchaotica · · Score: 2, Insightful
      where as helping the police would come into the category of "being a good citizen".

      "Helping the police" with blind faith comes into the category of being a bad citizen. A good citizen would help uphold the Constitution, whether it coincides with helping the police or not. This librarian was "being a good citizen!"

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  9. Re:She Did The Wrong Thing by Anonymous Coward · · Score: 2, Insightful

    1. You're an idiot.

    When everyone gets together to "help" you have mob rule, riots, and other nasty things that generally follow the rule that the intelligence of a group is inversely proportional to the size of the group.

    Secondly, you're exactly right that it is not her library, it's the cities and more importantly the patrons library: And it's also their data. It's not her place to give it to whom she deems may see it. That decision has been passed on to judges, hence requiring the police to ask one for a warrant.

    If we go and throw out logically reasoned laws everytime a kid is in trouble from some jerk we'll throw the law to the wind and have a "society" of chaotic anarchy, no offense to anarchists.

  10. huh? by spiritraveller · · Score: 4, Insightful

    From TFA:
    Borough labor lawyer Ellen Horn, who also represented the library trustees, said Reutty was "more interested in protecting" her library than helping the police.

    "It was an absolute misjudgment of the seriousness of the matter," Horn said at Tuesday's meeting.


    What utter bullshit. She doesn't work for the police, and it is her job and her legal mandate to protect the privacy of people who check out books from her library.

    These "borough officials" are nothing but a bunch of grandstanding politician assholes trying to make their careers by harassing a librarian who was doing her job the way it should be done. They should all be voted out of office.

    1. Re:huh? by Anonymous Coward · · Score: 1, Insightful
      However, borough labor lawyer Ellen Horn, who also represented the library trustees, said Reutty was 'more interested in protecting' her library than helping the police. 'It was an absolute misjudgment of the seriousness of the matter,' Horn said."

      Apparently this brilliant jurist missed class the day they covered the FOURTH AMENDMENT in law school. I suspect she knows better, but is just being a shill for the trustees.

      Moreover, nowhere in law do we recognize the "seriousness of the [charge]." It does recognize limited exceptions to the warrant requirement for certain circumstances (for instance, to prevent an arrestee from retrieving a weapon), and it does allow for certain police actions in the face of an imminent immediate threat. But a charge is just that -- an accusation.

  11. Re:She Did The Wrong Thing by Anonymous Coward · · Score: 5, Insightful

    Warrants are there for a reason.

    What if the dangerous paedophile actually managed, through hard work and dedication, to get a job on the police force? Sure, the overwhelming majority of police are good, but it's definitely possible for ONE bad cop to get through. Should he be able to get your child's records without anyone even looking over his work to determine if it's 'warranted'?

    Food for thought.

  12. Re:She Did The Wrong Thing by Anonymous Coward · · Score: 2, Insightful

    She's obstructing justice, IMHO. By the time that warrant is issued, the lead could be cold. Did she consult the trustees? If it's the law, it's a law that should be amended.

    I could maybe see your point if this were a case of a missing person, but how could the lead go cold? The information isn't going anywhere, and if you rush something like this you're apt to get slick lawyers unraveling the entire case. The law is fine, it's sloppy police work that needs to be fixed.

  13. Re:She Did The Wrong Thing by target562 · · Score: 3, Insightful

    No, that's bullpoop. The police could have come up with the subpoena in minutes if there was sufficient cause. The woman in question is NOT in the position to make the policy decision that the information she could provide would be material in the case. That's a question for a judge.

  14. Re:Why do you hate America? by fozzy1015 · · Score: 5, Insightful

    Unless you are "fighting terror", an improperly conducted search will get thrown out by the courts and then the "bad guys" usually get a walk.

    Why should there be an exception for "fighting terror?"

    It is the mindset though. Look for more and more things to fall under the concept of 'fighting terror' as a way to get around due process and the Bill of Rights. I remember hearing some guy on NPR say some members of LA gangs were 'street terrorists'.

  15. Protecting the library by jmv · · Score: 4, Insightful

    Reutty was 'more interested in protecting' her library [and its users] than helping the police

    I think I'd actually be proud if someone said something like that about me.

  16. Re:She Did The Wrong Thing by hawkeye_82 · · Score: 4, Insightful

    Those who would sacrifice liberty over security, deserve neither security nor liberty.
                    -Benjamin Franklin

  17. Re:She Did The Wrong Thing by iamwoodyjones · · Score: 2, Insightful

    and that leaves exactly 1% that are bad.

    How is she suppose to tell the difference? Or is she suppose to just let them all have access to our records without proper paper work? There's a reason for the proper paper work. So that way the corrupt cops can't swing by after work still in uniform and decide to see what someone is doing because they're planning something devious.

    The problem isn't her. The problem is that the police cannot obtain a warrant fast enough. Just because *that* is a problem, doesn't mean the solution is to allow police access to records without having to get a warrant.

    Police are people too. They're not impervious to committing crimes themselves. She's protecting the well being and privacy of individuals.

  18. Re:She Did The Wrong Thing by rumblin'rabbit · · Score: 4, Insightful
    It's not "her" library,
    Perhaps not, but she has been entrusted with running it. She is responsible for the library, and presumably would be held to task if she shirked that duty.

    She's obstructing justice
    Nope. Obstructing justice is a specific crime, and this librarian came no where near to committing such a crime. Quite the opposite - she kept strictly to the law.
  19. It's ironic... by Spy+der+Mann · · Score: 4, Insightful

    that the ones supposed to UPHOLD the Law are the first ones wanting to BREAK the Law.

    Second - the Library director did the right thing. Why? Because if the information she gave was obtained without "due process", the pedophile could get free because of this. Now who would be the one to blame? The Library. Wonderful.

    I'd pretty much tell the stupid police to just do their job and STFU.

    1. Re:It's ironic... by ScrewMaster · · Score: 4, Insightful

      I'd pretty much tell the stupid police to just do their job and STFU.

      That's pretty much what she did, and apparently it pissed some of them off. Although, interestingly the police aren't the ones that are threatening her ... the Library's own Board of Directors (for some unaccountable reason) are not only not supporting her but are in the process of determining what punishment should be given to this woman for doing her job properly. That kind of in-your-face irrationality smacks of hidden politics: there's more to this story. Somebody has it in for Ms. Reutty, found an excuse to go after her, and is making the most of it. Either that, or she's simply being used as an example to show what happens to people that dare to tell the police to back off. I hope that the people of that fine city understand what's at stake here. Probably they don't.

      What I find interesting is that the police were willing to deliberately obtain potentially tainted evidence. Maybe they didn't care: maybe they already had enough on the guy and simply wanted the Library's records to confirm what they already knew. But that's irrelevant: they wanted convenient access to confidential information without going through the proper channels. Frankly, it's not her job to make things easy for the cops: it is her job to, well, do her job.

      --
      The higher the technology, the sharper that two-edged sword.
  20. Re:She Did The Wrong Thing by terrymr · · Score: 3, Insightful

    What about the privacy of the people who didn't commit the crime ? What if the next step from the police was to search every house in the city and then arrest the person who had this book, would you be up for that ?

  21. Re:So what? by Conspiracy_Of_Doves · · Score: 3, Insightful

    The problem here is the reaction of her superiors on the library board who apparently believed she should have given the police whatever they wanted without question.

  22. My hero by peacefinder · · Score: 5, Insightful

    Far from being an "... absolute misjudgment of the seriousness of the matter", this librarian correctly realized that it was a serious matter which she was not qualified or empowered to judge. She deferred to the courts, which are only appropriate and authorized arbiter of police search powers.

    Bravo, Ms. Reutty!

    --
    With reasonable men I will reason; with humane men I will plead; but to tyrants I will give no quarter. -- William Lloyd
  23. Re:The news just ate it up. by SatanicPuppy · · Score: 4, Insightful

    Of course they did. Journalists file FOIA requests all day long, and have to wade through mountains of forms to get information that should be freely available to any citizen, if the governement wasn't fricking corrupt. Cops are supposed to have to do the same thing for data that isn't freely available. That's the law. And after filing dozens of FOIA requests for police reports, you bet your ass they jumped on it when the cops tried to pretend like they were above the law.

    On top of that journalists are in a position where they can end up in posession of information that the government wants to know, and unlike librarians, they don't have the luxury of giving that info up if they want to continue in their careers. Strong and respected privacy laws are very much in their self interest.

    And finally, journalists tend to be literate library affectionados, and, as such, are well disposed toward spunky, privacy-respecting librarians.

    --
    ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
  24. This is to be expected by dreemernj · · Score: 4, Insightful

    If she hadn't forced them to follow the letter of the law, whoever this person was that broke the law initially could have turned around and used the illegal obtaining of his records in court to get the case thrown out.

    That exact scenario has happened before, where these small-town cops get worked up, don't follow the rules, and it ends up hurting what could have been a simple, open-shut case if they had just had patience. I really wish I could post a link to the details (I've spent a lot of time in Jersey Boroughs) but usually there is little to no public record, things get lost, or safety nets are put in place.

    Its really really sad actually.

    --
    1 (short ton / firkin) = 89.1432354 slugs / keg
  25. Re:I'm Sick of Appeals to Fear by daveschroeder · · Score: 5, Insightful

    How come we never really hear much about it?

    Um, are you shitting me? Like, are you really serious?

    We hear about this ALL THE FUCKING TIME, especially on the internet (e.g., blogs).

    Constantly.

    More than we ever have before, and more every day. And it's not because there are "more abuses"; there's more people hunting for and collecting evidence about said abuses. Some of these people do it out of genuine concern. Most of these people do it because their political leanings are crystal clear.

    And you know what? There aren't really any more or less "abuses" than there ever have been; there are just much easier ways to spread the word. That's what makes people believe we're heading down the primrose path to a fascist state and all this other crap.

    Technology cuts both ways: it makes it easier for the government to abuse rights and freedoms, and it makes it easier for everyone else to find out and call them on it.

  26. Re:Why do you hate America? by Egatlov · · Score: 3, Insightful

    Why should there be an exception for "fighting terror?"

    It is the mindset though. Look for more and more things to fall under the concept of 'fighting terror' as a way to get around due process and the Bill of Rights. I remember hearing some guy on NPR say some members of LA gangs were 'street terrorists'.


    There shouldn't be an exception for "fighting terror" However since the middle of September 2001 the PATRIOT Act has legitimized many exceptions to due process in order to help the police of our nation "fight terror"

    That is why you see so many in the enforcement business trying to get all kinds of different crime labeled as terrorism. That way they can just go arrest and hold people without having to justify their suspicions before the courts.

  27. Re:She Did The Wrong Thing by abirdman · · Score: 2, Insightful

    Calm down Skippy. I know there's an almost uncontrollable reaction to do something here, but if the librarian had given up the lending lists, that idiot would have gotten off with any $100 dollar lawyer-- likely a public defender (who you, and I, have already paid for) could have gotten the case thrown out because of tainted evidence.

    We are still a nation of laws. This isn't an Amber Alert-- the girl was home, unharmed, with her parents. This librarian made it possible for the police to gather useful, and legal, evidence to prosecute the bastard. I hope he rots in jail, but don't blame the librarian. She's doing her job, and keeping the local cops from blowing the case.

    --
    Everything I've ever learned the hard way was based on a statistically invalid sample.
  28. Let's be serious here... by RyoShin · · Score: 4, Insightful
    However, borough labor lawyer Ellen Horn, who also represented the library trustees, said Reutty was 'more interested in protecting' her library than helping the police. 'It was an absolute misjudgment of the seriousness of the matter,' Horn said."
    If it was so serious, then why couldn't the police go through the steps to get the supeona?

    If it's that serious, you want a trail of evidence and iron-clad law-abiding police searches and questioning to bring you through prosecution. The fact that the police failed to get a subpeona for a situation where one would likely be needed (they wouldn't have to use it right away, only if the librarian put up a fight).

    I applaud this librarian for forcing the police to do their job. Why, if everyone did this, we might actually have a trust-worthy government! Oh, the horror!

    Members of the Borough Council have suggested she receive punishment ranging from a letter of reprimand in her personnel file to a 30-day unpaid suspension. But the Library Board of Trustees said it would reserve judgment until a closed-door hearing next month.
    The article mentions that reps from a library association went to a meeting to show support for Reutty, but I think it might help if concerned citizens from around the country let their voice be heard.

    Hasbrouck Heights Library website

    Here is a list of staff, with the board of trustees at the bottom. I can't find individual contact lists for them, but sending snail mail to the library and putting their name would probably work.
  29. seriousness of the matter? by Physics+Dude · · Score: 4, Insightful
    " 'It was an absolute misjudgment of the seriousness of the matter,' Horn said."


    Apparently the police didn't think it was even serious enough to bother getting a subpoena.

  30. Facts by Tony · · Score: 4, Insightful

    Certain facts were presented, no matter the original spin. The police did not have a subpeona, and the chief of the library did not give them the information requested.

    The facts are what we are cheering. It doesn't matter whether she helped an alleged pedophile get away or not. (She didn't.) She helped protect liberty. That's more than most of us do in a lifetime.

    --
    Microsoft is to software what Budweiser is to beer.
  31. Re:Propaganda in the UK by badboy_tw2002 · · Score: 4, Insightful

    We have that show too. Its called "24". I think its a way to get people to be ok with torturing potential suspects. Pretty soon, you'll have Joe Average saying "Well, they should just torture the guy and find out what he knows. Why are they letting him have a lawyer?"

  32. Re:So what? by hackwrench · · Score: 2, Insightful

    Last I checked, the little girl wasn't asking to see the library patron records, nor should she have the right to. What rights of the little girl are being violated by requiring that the police have a warrant?

  33. Re:Send your thanks to... by shawb · · Score: 2, Insightful

    Her inbox got slashdotted.

    --
    I'll never make that mistake again, reading the experts' opinions. - Feynman
  34. I don't get it... by layer3switch · · Score: 4, Insightful

    "Reutty was 'more interested in protecting' her library than helping the police."

    errr... call me stupid, but isn't that what her job supposed to be, protecting the library? I just don't get it... If she wanted to help the police, she'd be a neighborhood watch woman.

    --
    "Don't let fools fool you. They are the clever ones."
  35. Re:She Did The Wrong Thing by Anonymous Coward · · Score: 1, Insightful

    Is being a pedophile illegal? I think you mean a child abuser.

  36. Sad fact but... by Caine · · Score: 4, Insightful

    Citizens of the United States of America, you do realize you live in a fascist state, don't you?

    1. Re:Sad fact but... by Xiroth · · Score: 3, Insightful
      Bleck. The problem I've run into when trying to point this out has always been that when people hear the word fascism, they expect the specifics of the two most well-known fascist nations in history. They say "We don't have secret police or a dictator" (although perhaps both those claims are disputable). Well, yeah, but that's not what fascism is. Fascism is exactly how the US currently works: An authoritarian, extreme right-wing (by most nations' standards) nation which has a significant proportion of its economy dominated by the military.

      Perhaps we need a new word to describe this type of state because of the loaded content behind the old one, in the hopes that people will begin to understand where they stand.

  37. Re:Propaganda in the UK by Anonymous Coward · · Score: 1, Insightful
    Ever seen 24?
    No.
    Ever seen a police show?
    Yes
    Ever seen a movie where a cop is the hero?

    They are always breaking rules to get the job done. It's part of the whole "the ends justify the means" thingy I think I heard about one day when I was a wee bit younger.

    Look at "Law and Order": in that, the police are frequently being smacked down and cases wrecked because the police broke the rules. Clearly, it shows negative consequences from breaking the rules.
  38. Re:She Did The Wrong Thing by NormalVisual · · Score: 3, Insightful

    The law is in place, she was justified in her technicalities, but she violated the spirit of law enforcement.

    What the hell is "the spirit of law enforcement"? "Law enforcement" first and foremost requires the agents in charge of executing that duty to *follow the law*, right? The separation of powers spelled out in the Constitution isn't some 200+ year old idea implemented just to inconvenience the police, you know.

    You should probably read up on cases such as Warren v. D.C. and Castle Rock v. Gonzales that clearly establish that the police have no duty to help or protect anyone. If they have no legal duty to help anyone, exactly how is anyone obligated to break the law to help them? Often, the police aren't even aware what the law is. I don't say that to belittle them, just that it's a fact - just this week, I spent about half an hour talking with a local cop about state concealed weapons permits. He was a nice enough guy, but he had absolutely no clue as to what the state requirements for obtaining one were, where weapons are and aren't allowed, which weapons are and aren't legal, etc.

    --
    Please stand clear of the doors, por favor mantenganse alejado de las puertas
  39. TO Ellen Horn by baomike · · Score: 4, Insightful

    Following the law is not a "misjudgement".

  40. You can't be serious by OverflowingBitBucket · · Score: 4, Insightful

    From the article:

    Library Director Michele Reutty is under fire for refusing to give police library circulation records without a subpoena. ... Reutty, the director for 17 years, now faces possible discipline by the library board. Members of the Borough Council have suggested she receive punishment ranging from a letter of reprimand in her personnel file to a 30-day unpaid suspension.

    You can't be serious!

    What if I said:

    "Michele Reutty didn't send me a Christmas card last year. This made me very sad and I got angry at some children. This was a blatant disregard for my feelings and resulted in harm to children. I suggest we put a letter of reprimand in her file or suspend her for 30 days."

    You'd think I was nuts, right? Why? Well, she is under no obligation whatsoever to send a Christmas card to me. Now, here she is, having been pressured to do something she was under no obligation to do... and frankly, likely in breach of privacy laws as well. She said no. Good on her!

    If people want a law that forces anyone to obey arbitrary instructions of police officers (hint: this might be a baaaad thing), then petition to pass one. Until then, she not only did nothing wrong, but she did the right thing. If the police need the information for an investigation, they should get a warrant. Until then, she's done the right thing. Shame on the council members who have suggested disciplinary action.

  41. Re:She Did The Wrong Thing by SatanicPuppy · · Score: 3, Insightful

    OMG THINK OF THE CHILDREN!!!

    There is this thing called "The Rule of Law" which basically means that the law always trumps irrational emotional appeals. If the police could make a good case for those records being absolutely critical, then they'd have no problem getting a warrant for those records. If they can't get a warrant, then they can't convince a judge that they need them, and therefore they don't.

    This isn't some piddly local statute either.

    Amendment IV

    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.

    People tend to ignore it these days, but the Constitution is still the law of this country. Screw with the little laws as much as you like, but not that one.

    --
    ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
  42. Protection by Mark_MF-WN · · Score: 2, Insightful
    By your insanely stupid reasoning, the police shouldn't intervene if there is a bank robbery taking place or if some people have been taken hostage. They should wait until it's all over and then arrest the robbers / hostage-takers, no matter how many people have been hurt, financially decimated, or killed in the process. And that's assuming that the perpetrators can still be tracked down, and haven't made it across an international border (or in the case of the USA, a state border). Sorry, no sale. I'd rather the police intervene BEFORE I'm dead, rather than simply trying feebly to avenge my death.

    This may very well be the dumbest thing I've heard anyone say in weeks. If you thought you were in the slightest danger, you'd be screaming for protection. Everone thinks they're self-reliant during periods in which they have no problems. As soon as anything goes wrong, as soon as there's some tiny risk, they start crying from help and protection. If your home was invaded and you were incapacitated, you'd be pretty damn glad when the cops showed up because your neighbour had the sense to call them to PROTECT you, rather than to simply check your corpse for evidence so that they can investigate the crime.

    Seriously, my head is spinning with the incredible lack of thought that went into your post.

  43. 2nd model should be "police state". by khasim · · Score: 4, Insightful
    As noted by a previous poster, you do not know whether someone is a "criminal" until after the investigation.

    Those who advocate more authority for the police are actually advocating a "police state" as opposed to a "Free nation".

    Many rational people agree with that point of view, because they see see criminals as enemies, not members, of their community. Anything that prevents the community from defending itself is disabling.

    Yes, there is nothing irrational about the desire for a police state. Nor is there anything irrational about the desire to live in a Free society. This is not about rational/irrational.

    Fascism starts when the efficiency of the government becomes more important than the rights of the people.
  44. Re:She Did The Wrong Thing by sgtrock · · Score: 3, Insightful

    Apparently you're not a black man living in Chicago. or Las Vegas. Or Los Angeles. or any major metro area in the US. Or any small town.

    Or a Latino living in any of the same cities.

    Or a practicing Muslim attempting to pray in public.

  45. Re:Apropos Quotation by Anonymous Coward · · Score: 1, Insightful

    I think the Stormtroopers of Freedom would approve of a world without libraries.

  46. Re:She Did The Wrong Thing by S.P.B.Wylie · · Score: 2, Insightful

    I'm not sure "a good reason" is quite enough. They need to have a legally good reason, which can only be determined by the court. Library records are not something that can be gotten lightly. A library is a place you can go for free information, and if you have to fear the government looking at what you check out, you will be influenced, and therefore the information is no longer free. Plus, she is not qualified to sacrifice the rights of her readers. The rights weren't hers to sacrifice.

    --
    I give bread to the poor, they call me a saint.
    I ask why the poor have no bread, they call me a communist.
  47. Re:Propaganda in the UK by 1u3hr · · Score: 2, Insightful
    Even Columbo used dodgy methods to resolve his cases.

    OT, but Columbo was really a puzzle series, with little relation to reality. Agatha Christie style mysteries, in LA instead of a 1930s manor house. I often thought that I'd like to see what happened after he'd "solved" the case, often with a single piece of telling evidence. I think the DA would throw many out without even trying to take them to court, any decent lawyer (and most of the perps were millionaires, so they could get the best) would go before the judge and they'd get the evidence declared inadmissible in discovery.

  48. Fear of Totalitarianism out-ways fear of "bad guys by S.P.B.Wylie · · Score: 5, Insightful

    I'm all for protecting out citizens from crime, but the fact of the matter is that a unchecked government is way more of a threat to society then any one person. Even 9/11 killed only a few thousand, when corrupt governments can kill and oppress millions. Libraries are especially protected, because they exist for free information. If a person is worried about the government looking at what they read, they will be influenced in their choices, and therefore the information is no longer free. This limits the freedom of speech, and that is the first step to a totalitarian government. We believe in freedom over safety because while it is easy for us to sacrifice rights for safety, history has shown that blood must often be shed to gain them back.

    --
    I give bread to the poor, they call me a saint.
    I ask why the poor have no bread, they call me a communist.
  49. Re:Your priorities are a little confused by S.P.B.Wylie · · Score: 2, Insightful

    I find it interesting that you are using your freedom of speech, which people have died to gain and protect, to criticize free speech. Remember it is the belief in that right that allows you to state your opinion. Sure, that opinion can lead to death of thousands of innocents (like in the Holocaust and North Korea), but it is your right to state it.

    --
    I give bread to the poor, they call me a saint.
    I ask why the poor have no bread, they call me a communist.
  50. Re:Send your thanks to... by LrdHghFxr · · Score: 5, Insightful

    So does anyone know where to send e-mail (perhaps the state bar association) pointing out that Ms. Horn, a lawyer, is critizing the fact that the law was followed and perhaps Ms. Horn needs a refresher on the basics?

  51. Misjudgement? by Schraegstrichpunkt · · Score: 2, Insightful
    'It was an absolute misjudgment of the seriousness of the matter,' Horn said. [Emphasis added]

    Isn't it the judge's job to judge whether or not the seriousness of the matter requires that information be given to police?

    You guys need some serious privacy legislation.

  52. Allow me to make it more clear by QuantumG · · Score: 4, Insightful

    It is not the job of the police to prevent crime. That is no-one's job because as soon as you start entolling the importance of preventing crime (and we have, terrorism == crime) you are creating a power against freedom that is uncheckable. Everyone has the right to commit crime. No society can be free without that right. If you are caught committing crime you will be judged and you will lose your freedom - all your freedom - but that is after the fact; it doesn't deminish your freedom. All freedom has consequences. I have the right to free speech. I can say whatever I like to whoever I like - no-one will try to stop me, and if they do I am free to ignore them - but that does not mean that my speech will not have consequences. If I tell my boss he is an idiot he might fire me, or give me really shit work to do, or (more likely) steam off in a hissy fit and make me feel bad. If I tell people to go out and kill others I may be arrested and lose my freedom.

    The police are not the Access Control Lists of society. They're not there to prevent you from doing things. They're there to aid in repremanding or removing you from society if you fail to abide by its laws. The fact that this results in some sense of the word "protection" is just an unfortunate coincidence. I say unfortunate because people have come to believe that this is what the police are for; to ensure no harm ever comes to them. The result is this learned helplessness that has led us down this garden path of voting people into power who promise to "smoke out the terrorists". They're openingly promising to pass laws that deminish our freedom and people are eating it up. It sickens me.

    --
    How we know is more important than what we know.
  53. Re:But it has gone too far by foreverdisillusioned · · Score: 3, Insightful

    What kind of an argument is that? Because you had a somewhat irritating experience, therefore this privacy thing is too much hassle? Did you even read the examples I posted?

    Making her call to see what it was did not protect or help her.

    I see you completely ignored my examples. I guess I'll just have to give you some more.

    You might say that your wife was not protected, but what if she (or some other wife, if these examples offend you or are otherwise not applicable) had checked out:

    -a book on adultery or divorce (self-explanitory)
    -a book on abortion (she doesn't want to have another kid, and would rather take care of it without you knowing)
    -a book about a very serious medical condition she has just been diagnosed with. (She could have a myriad of reasons for not telling you, e.g. not wanting you to worry about it just yet because you're in the middle of some very delicate/stressful projects.)
    -a book about a new hobby she's getting into (It might be a dangerous hobby and she knows you'll disapprove, or maybe she thinks you'll laugh and mock her about it, or maybe she just wants it to be a surprise when she gives you a hand-fired clay vase for Christmas)
    -a book about lesbianism, or a book focused on a specific sexual fetish of some sort (if she doesn't think you'd be understanding, she damn well has the right to keep this secret from you)
    -a book about a religion you do not subscribe to (if she wants to worship Shiva in private without being told by her conservative Christian husband that she's going to hell, that's her business.)
    -a book on a strange or morbid subject that she checked out simply to satisfy her curiosity (she shouldn't have to explain or justify her reading habits to anyone. I know that I've checked out quite a few weird or morbid books out of mere curiosity, and I'd be pissed if someone told my family about it--even though it was merely innocent curiosity, I would now have to go through the hassle of explaining and justifying my reading habits, and there could still be some lingering doubts.)

    I could go on and on. Point is, you didn't know whether your wife was being protected until after you knew the book's title. Yeah, you assumed it was a book for your 5-year-old, but since it was checked out on your wife's card you didn't know that for sure. Now, let me say that I do think that the library should offer a consent form to release your reading history, but your one small moment of irritation pales in comparison to the damage that could be done, to the lives that could be ruined if such spying was allowed. Your wife is a seperate individual, entitled to her own private life if she so chooses.

    When my kid is old enough to have his own card, but still a minor, I suppose the librarians will protect his privacy be refusing to tell me what books he checks out, too.

    As far as I know it doesn't apply to kids (few civil liberties do, it seems.) I seem to recall my mom calling up and doing some checking on my reading habits a few times. If it does in fact apply to kids (and my mom was just bluffing or our librarian just didn't care), that's another issue entirely--I'm talking about consenting adults who want to read in privacy. Don't you dare drag that despicable "it's for the children!" argument when it clearly does not apply to the issue at hand.

    It's gone too far. Where did the common sense go? I think it left when the sense of entitlement and privacy arrived as a consequence of the warped ideology of the boomers.

    Yup. You had to wait a few minutes while your wife called to ask about the book. The horror!

    If anyone is warped, it's people like you who would rather we sacrifice every last one of our rights (which incidentally have existed for hundreds of years before the boomers) in the name of a small, and I mean VERY fucking small convenience. And to top it off, you actually call it "common sense." Natch.

    You're so far detached from reality I will not be surprised at all if your reply consists of nothing but Biblical quotes which "prove" that God hates privacy.

  54. I think the cops should thank her by SilverJets · · Score: 2, Insightful

    She saved their collective butts on this case. If they requested the information and she just handed it over with the
    subpoena the case would have been most likely thrown out with the defense lawyer arguing his client's rights were abused.

  55. serious? judgement? by CamelTrader · · Score: 3, Insightful

    'It was an absolute misjudgment of the seriousness of the matter,'

    Well, if this case requires a JUDGEment as to how SERIOUS it is, maybe you should ask a JUDGE. Like you do... when you get a subpoena.

    The librarian could misjudge the situation, and come under legal fire!
    The police could misjudge the situation, and come under legal fire!

    If you get a subpoena, its ok! Duh!

    This pisses me off so much. The government HAS methods available to it for obtaining information, they ought to USE them, instead of complaining that the situation was 'too serious' for such methods.

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  56. Re:Ask for a warrant... by Kalinago · · Score: 2, Insightful

    I sympathize with you, and furthermore my word of advice for all US citizens out there is to fight heartly for your right of privacy and free will if these rights are under threat by any means. This comes from someone who has seen the excesses of power all too often.

    I am Venezuelan and those of the /. community that follow world news closely may know what is that our people are currently going through and why I talk like this. I've heard many gruesome police stories (not limited to Venezuela, but unfortunately common in latin america as a whole) If you refuse to collaborate with an officer like you did, he will consider apprehending you by force if motivated. As the judiciary is corrupted, impunity is a great possibility unless you come from a wealthy or influential family which is not the case of most of us. And believe me, these jails are as closest to hell you could be before dying.

    Furthermore, if things go really nasty, he could even waste you away, "plant" some drugs, put a gun in your hand and make it look like a confrontation. I won't generalize, but as happens all too often, people as a rule fear the police as much as thieves and bandits. You can't tell who could be potentially nastier.

    So, in my case if it happens with me in a latin american city (as it has) I'll let him open and check my bag.

  57. Get ACLU involved... by Rhett's+Dad · · Score: 2, Insightful

    I've sent a note to the ACLU via its website to see if they can get involved. I REALLY hate to see all the "librarian was wrong" talk in that article. What people don't seem to understand is that the ends do NOT justify the means. Maybe today you cheer because the police forced their way in to immediately capture a murder suspect "before he could escape"... tomorrow that wrong suspect may be you, because someone that dislikes you called in an anonymous tip on a local murder and fingered you... a judge would never grant a warrant on that alone, but if the police don't think they have to be hassled by getting the warrant... Things like this always remind me of my favorite line in "JFK" - "A patriot must always be ready to defend his country against his government."

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  58. Re:She Did The Wrong Thing by tinkerghost · · Score: 2, Insightful
    if the police had some good reason for needing the info on a particular person she should have handed it over.
    She can't just hand it over.
    1. It's not hers to give. By fact, law, and tradition the private information an organization collects about you is yours. That's why there are a crapload of privacy laws in effect that state under what circumstances the credit reporting agencies can release your information. Why everyone is bent on the telco's giving your call records to the NSA. Why people are pissed about the FBI buying $30M of personal information from data brokers (who generally shouldn't have it) that they can't obtain legaly by requesting it without a warrent.
    2. It's part of her job to ensure that the policies and procedures of the library are enforced. Check up above, someone actually went out & found the privacy ruling for the library in question. It's clear about when & how those records will be released. Because a cop says 'gimme' is not on the list.
    For the other point, a suppena or warrent is the court saying that the police have a 'good reason for needing' whatever. So even by your standard, she was correct to require the police to get a suppena or warrent. Remember here, she didn't say "No", she said "Not without the correct paperwork." She wasn't impeding anything, she was following a set procedure which has been in place and well defined for 200 years.
  59. Re:What about Fallujha? by Firethorn · · Score: 2, Insightful

    Don't forget that we haven't carpet bombed anywhere in Iraq, much less with white phosphorus. That's a WWII technique that was frequently used against Japan.

    Yes, we have had planes and helicopters bomb/shoot targets in fallujah and elsewhere. However, in one example where they drop a bomb on a group moving down a street, you hear the pilot asking if he should take out the group, and a voice answers 'yes'. That affirmation would be from a combat controller, who's on the ground nearby tracking the enemies.

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    I don't read AC A human right
  60. Re:Remember when the Constitution meant something? by operagost · · Score: 2, Insightful
    I hate to shock you, but New Jersey is about as blue a state as you can get this side of Taxachusetts. Heavily democratic, heavily left-wing, and it has been that way for decades. They have not had a conservative governor since I've been alive (Whitman and Kean are moderates). Pinning this on Bush proves nothing other than that you're ignorant. If you're really interested in protecting the rights of the people, but constantly trolling the President on Slashdot you're accomplishing nothing.

    Disclosure: I was a resident of NJ from 1973-1993.

    --

    Gamingmuseum.com: Give your 3D accelerator a rest.
  61. Re:She Did The Wrong Thing by Alsee · · Score: 3, Insightful

    You have no idea how many criminals are walking the streets simply because of the technicalities.

    I'd rather have some criminals walking the streets than have *the police turn criminal* and committing "technical" violations against innocent people.

    You earlier said the library is a public place and it should be public info. So if *I* walk into your public library and I ask the librarian for the dates and titles of every book your 9 year old daughter has ever taken out, then the librarian should just hand that over to me?

    If I happen to be a police officer and walk into the library *EMPTY HANDED*, should the librarian turn over the the dates and titles of every book your 9 year old daughter has ever taken out, just on my say-so?

    A government that itself becomes criminal and ignores and violates the rights of people... violating the rights of the innocent and guilty indiscriminantly... a government that itself becomes a criminal is far more dangerous and harmful than any ordinary criminal person.

    You earlier said 99% of police are good. Hell, lets forget the 1% of police and other government officials who are currupt or malicious. Lets imagine that 100% of police and government officials are good. Often the greatest dangers and worst violations are committed by well intentioned people simply trying to do their jobs and get the bad guys. It is often the most well intentioned of people who break the law and violate our civil rights and other such "technicalites" in their zeal to "get the bad guy".

    Catching criminals the right way is more important than making it easier for police to catch criminals. Ensuring that the police operate with respect for individual rights, ensuring that the police operate within the law, ensuring that the police do not become the criminal, that is more important than making it easier for police to catch some ordinary criminal.

    It would certainly be easier to catch criminals if any officer could arbitrarily break into innocent people's homes and search and seize innocent people's property. It would certainly be easier to catch criminals if any officer could arbitraily and forcibly extract blood samples from innocent people. It would certainly be easier to catch criminals if any officer could beat a confession out of innocent people.

    But in *THIS* country we take the high road. Police are required to operate within the law. Police are required to operate within the Constitution. Police are required to respect Civil rights. Police are required to get search warrants and subpoenas. In this country our police operate "with one hand tied behind their back". And that is what makes this country great and noble.

    If you dissagree with that, if you don't want the police to operate with one hand tied behind their back, I suggest you move to Somalia or Nigeria or someplace. The police over there are free to persue criminals - and suspected criminals - and personal enemies - with ruthless efficiency. No need for pesky judges over there. No pesky warrants and subpoenas getting in the way over there. No pesky Civil Rights getting in the way over there. No pesky "technicalites" over there. Police can most efficently catch and punish "the bad guys" over there, guilty or not.

    she could just as easily allowed another bus bomber

    I'd rather have our police respect "technicalities" (as you call them) and take that risk, than to destroy the fundamental and most noble principles that make America America. Terrorists can "attack our freedoms" and blow up a some busses or buildings and kill some people, but they are incapable of taking away any freedoms and they are incapable of destroying this country.

    No, it is only people like you who can actually take away our freedoms, only people like you who can destroy this country.

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  62. Their propaganda has worked by spun · · Score: 5, Insightful

    This sgtory has been spun in such a way as to ignore the central issue. She was protecting her library patrons rights and helping the police. What kind of case would they have if they didn't follow procedure? The creep might have gotten off scott-free. The police and the library might have been sued. So she added a few extra hours to the investigation. She should get a fucking medal, for doing her job, and also for doing the police's job.

    The conspiracy nut in me wants to think this is all calculated to make people forget that police actually need a subpeona.

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  63. No, you don't. by Kadin2048 · · Score: 3, Insightful
    There's no "right to not be offended", but everyone has a right to feel safe.
    Actually, no, you don't. This idea, that people have some "right" to feel secure, or good about themselves, or where they live, or anything else, is an incredibly dangerous thing, and it's sort of crept into the public's mind lately. It needs to go away.

    You have certain rights spelled out in the Constitution, as well as in many other documents; among them is the Fourth 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.")

    If that makes you feel secure, great! If it doesn't, too bad. There's no protection for feeling secure, any more than there's a protection for 'having a great life.' If you feel secure within the realm of protections afforded to you by law, or don't feel secure, that's your own business. The job of the police, and of government in general, are not to make you feel a certain way, and just because you feel insecure, it doesn't mean that they're not doing their jobs.
    --
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  64. Re:She Did The Wrong Thing by hesiod · · Score: 2, Insightful

    > The problem isn't her. The problem is that the police cannot obtain a warrant fast enough.

    They had a subpeons THE SAME DAY. I'd say that's pretty damned fast.

  65. She did exactly as she should by cecirdr · · Score: 2, Insightful
    As someone who just started working in a library, I can tell you this. The privacy of the patrons is of the utmost importance. You agree (implicitly when you start work) to ensure that you will not reveal information like circulation records without complete compliance with the law by the requesting parties. If you can't agree to that, you shouldn't work in a library.

    So much of the populace today seems to think that the right to privacy can't be abused because "if you didn't do anything, then you won't be affected". Well, I don't know what country they're living in, but in the "good ole usa" I often see someone who's managed to be misidentified, or simply be at the wrong place at the wrong time almost every night on the TV news. Occasionally these mistakes are perpetuated for such a long time that reputations are ruined and jobs are lost. There are legal channels available for authorities to use in order to request information (a supoena). I expect them to use them before coming to me. Period.

  66. Re:Ask for a warrant... by Fallingcow · · Score: 2, Insightful

    I wish that there were some way to record incidents like this, report them, and have those responsible punished.

    Abusing and threatening a citizen who has done nothing wrong should be a jailable offense.

    These people seek special power, and we give it to them. In exchange, they should be HARSHLY punished for any abuse of said power. That goes for politicians, too.