FBI Seizes Library Computers Without Warrant

An anonymous reader writes "Two FBI agents walked into a public library in Maryland, without a warrant, and walked out with two computers. The library director agreed to release the machines to these smooth-talking feds. According to the article, the director of Frederick County Public Libraries indicated that this was the third time in his 10 years there that the FBI had requested records, but the first time they had come without a court order. The director seemed to indicate no regrets, stating 'It was a decision I made on my experience and the information given to me.' He further justified his actions, noting that the agents indicated specific computers they needed (of the several dozen in the library) and further that they 'had an awful lot of information.'" The library director speculated whether the raid may have involved the Bruce Ivins / anthrax case, musing "Obviously it coincided with the events everyone is talking about," but he said the agents hadn't mentioned it.

Comments

Re:No warrant == not legitimate.

[lbarbato]

This goes completely against the American Library Association's issued "Recommended Procedures for Law Enforcement Visits" policy:

"Without a court order, neither the FBI nor local law enforcement has authority to compel cooperation with an investigation or require answers to questions, other than the name and address of the person speaking to the agent or officer. If the agent or officer persists, or makes an appeal to patriotism, the library director should explain that, as good citizens, the library staff will not respond to informal requests for confidential information, in conformity with professional ethics, First Amendment freedoms, and state law.

If the agent or officer presents a search warrant or other judicial process, the library director should immediately call the library's counsel and ask for assistance."

http://www.ala.org/ala/oif/ifissues/confidentiality.cfm

This library director was just a putz (and I can say that as a libraian-in-training).

Re:No warrant == not legitimate.

[Volante3192]

Silly me, I thought the easy way would be to Get. A. Warrant. Plus it fulfills another coda of law enforcement: Cover. Your. Ass.

It would just be the cherry on top of this whole escapade if evidence from those computers is used in a trial...and it gets slapped down for violating the fourth amendment.

Re:No warrant == not legitimate.

[farnsworth]

The librarian should be subject to a thorough questioning of her judgment

The library director in question is male.

Maryland Privacy Law...

[SmoothTom]

Maryland DOES have a library privacy law that forbids the library from sharing information that identifies individual users, etc.

Those computers are accessed using the patrons library card (or a temporary access card) that identifies the usages to an individual.

With a warrant, the library can, of course, release the information, but lacking a warrant patrons DO have an expectation of privacy BY LAW in that state.

Here is the pertinent information that the library director should have known by rote:

http://www.ala.org/ala/oif/ifgroups/stateifcchairs/stateifcinaction/marylandprivacy.rtf (Courtesy the American Library Association)

The computers, with information on individual patron usage of same, were unlawfully seized if taken without a warrant, even with the incorrectly given permission of the library director.

--Tomas

ALA (professional org.) policies/positions

[jim_deane]

The American Library Association, ALA, has a professional code of ethics. It includes the following:

III. We protect each library user's right to privacy and confidentiality with respect to information sought or received and resources consulted, borrowed, acquired or transmitted.

In practice, this means that patron privacy is protected--period. No search warrant, no information, no cooperation. It is not difficult for an investigator pursuing a valid investigation of a legitimate crime to obtain a warrant. They shouldn't even bother showing up without the paperwork. The ALA statement on confidentiality goes into more detail about this.

Re:No warrant == not legitimate.

[dkleinsc]

Another interesting bit of librarian resistance to this sort of thing: A public library in Vermont put up a sign reading "The FBI has not been here. Watch for the discrete removal of this sign."

See, the Patriot Act states that the librarian can't inform people than a "national security letter" has been used, but it doesn't say anything about informing people that an NSL hasn't been used.