FBI Agents Back Down When Librarian Refuses to Let Them Seize 30 Computers

[skooooo]

http://chronicle.com/temp/email2.php?id=HZs6ytfGjgq2jTYrv2bddZnqv3qYq6rp

Chronicle of Higher Education Daily News
Tues. 1/31

An e-mail threat that prompted the evacuation of more than a dozen Brandeis University buildings on January 18 led to an unusual standoff in a public library in Newton, Mass., a few miles from the Brandeis campus.

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. Meanwhile, Ms. Glick-Weil allowed an FBI computer-forensics examiner to work with information-technology specialists at the library to narrow down which computers might have been used to send the threatening message. They determined that three computers were implicated in the alleged crime.

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.

[swag]

1. Let's hear it for librarians.

America's librarians are some of our most tenacious guardians of liberty.

[tatertop]

4. damn straight

[Dora]

6. Indeed, let's hear it for librarians...

They are guardians and gatekeepers.

[GOPFighter]

13. A Standing O!

For the libraian and the mayor.

[benfranklin1776]

42. Damn fine work! A courageous and great person she is!

This shows exactly how criminal investigations can and should be conducted, narrowly focused on the alleged criminal activity with a warrant which restricts the government from going on a fishing expedition and invading other people's privacy willy nilly. Had the librarian capitulated the constitutionally protected human rights of hundreds of people would have been at risk. A hearty :toast: to a true patriot who showed how it can and should be done!

[fishwax]

47. damn right

:applause:

very brave stand :applause:

[xultar]

2. Alrighty then. Looks like she deserves some roses.

[lcbart]

3. Good for her!

If anyone knows how to send her a 'Job Well Done' note - Please post it.

[Mithras61]

9. She can be reached at

[e-mail]

I don't think I'll post the library's address though (I got it from Google!).

Edited to add a copy of my email to her:

Ms Glick-Weil:

I am writing to you in response to newspaper reports that you stood your ground in the face of an FBI investigation when they attempted to seize library equipment without a warrant.

I want to thank you for your support of our civil rights as spelled out in the Fourth Amendment to the Constitution.

It is sad that we should have fallen so far that making law enforcement follow the law is news, but obviously this is the case.

Once again, thank you for supporting our Constitution.

Most Sincerely,

Please feel free to copy any/all of it.

[shrike]

14. Done

I made it short and sweet.

Her actions didn't surprise me. Don't fuck with librarians.

[Mithras61]

16. I'm pleasantly surprised because I got a reply from her!

I honestly didn't expect her to respond, but I got a very nice "Thanks for your support" letter back.

[shrike]

53. Me, too

She must be heartened by supportive letters. I'm heartened by the fact that she's getting them.

[fishwax]

48. nicely done. thanks for the email address n/t

[burrowowl]

51. Thanks for link!

A true patriot!

[rodeodance]

28. Bravo, Bravo

[chemenger]

5. Why do I feel like giving her a standing ovation??

:applause: :applause: :applause:

[MuseRider]

7. Backbone and guts

that is what it is going to take from each of us. Are we as strong as this woman? I am and I am feeding myself with lots of reasons to stand up when my knees shake.

[Vidar]

8. Cheers for the librarians and the mayor.

[Poll_Blind]

10. God bless the Librarians! Oh, and this is an example of how the...

...system works! Boy everybody's doing it without a warrant (or trying) these days.

PB

[Not_So_Right_Wing]

11. good for them!!!

[Gidney N Cloyd]

12. A 21-shhh Salute!

[Lochloosa]

15. Why does she hate america? N/T

[jsamuel]

17. See, by doing it this way, not only was it legal, but they were able to

save the FBI's time and resources by narrowing it down first. Plus, the library didn't need to give up all of their computers because 3 computers were used.

COMMON SENSE

[gratuitous]

19. Well, I'm sure that if the FBI had seized all 30 computers

They would never, e-e-e-ever have misused any data on the 27 non-offending computers, and would have made sure that everything they learned from those terminals was carefully destroyed so as not to compromise any citizen's reasonable expectation of privacy.

And as long as we're talking about such things, I suppose I should stand up so the monkeys flying out of my ass have a clear path for takeoff.

[converted_democrat]

56. That's really funny...

:rofl:

[Chemical Bill]

18. This has been on right-wingnut radio.

A guy at work was up in arms about this. He was asking what we would do if our kid had been killed by the bomb. Besides pointing out that there was no bomb, I said that the FBI was not hoping to catch the emailer at the keyboard, so they could wait a few hours without problem. For some reason, right-wingnut radio seems to be saying that kids could have died because of the delay. Those right-wingnuts sure are confused.

Bill

[brentspeak]

21. The RW radio talk hosts know the real facts

It's just that they don't want their listeners to know the real facts. Hence the distortion.

[madmark]

20. this is what we all need to do when confronted by authorities seeking

unwarranted searches; and notice how the system worked and after going through judicial review the warrant was narrowly tailored.

[HockeyMom]

22. "Terrorists" are too POOR to own their own COMPUTERS?????

They have to go a LIBRARY??????:rofl:

[foo_bar]

43. if they didn't want to get caught, yes

Hackers are fond of public terminals for this reason, makes it harder to place them "at the scene of the crime". All investigators can do now is look at surveillance videos around the area at the time, maybe dust the terminal for (lots of) fingerprints.

[NYC]

23. From librarian.net

National PATRIOT Act call-in Day

It’s a bit of a stunt, but ALA Council is doing a National PATRIOT Act call-in day at 10 am CST today. All Councilors are going to turn on their cell phones and call their legislators to ask them to

1. Include language in Section 215 to require a statement of fact linking the person whose records are sought to a terrorism investigation.

2. Include language to allow a Section 215 recipient to post a meaningful challenge to the FISA court order.

3. Include language allowing a section 505 recipieint to post a meaningful challenge to a National Security Letter.

Of course, when I’ve been calling my representative, I’ve been going beyond this and expressing grave reservations about Section 215 specifically and other parts of the USA APTRIOT Act generally (specifically concerning wiretaps and electronic communication generally), but this language appears designed to be something that everyone on Council can get behind. So, if you’re free in a few hours, go find your representative and pick up the phone.


http://www.librarian.net/

[rocktivity]

24. It took an outraged librarian to get Michael Moore's book in stores

...Moore's publisher insisted he rewrite...(Stupid White Men)...to be less critical of President Bush...given the events of (9/11)...(They) asked (him) to rewrite...up to 50 percent of the book...(and) help defray...the cost of destroying the old copies and of producing the new edition by contributing $100,000 from his royalty account...

Moore was aghast...(He)...discussed his struggle...during a...speech...(and) said, "Don't call the publisher, don't call the press. Let me deal with it." But one person in the crowd refused to heed Moore's request...a librarian and a board member of the American Library Association...

(Moore)

:evilgrin:
rocknation

[chat_noir]

25. K&R

Librarians :yourock:

[rodeodance]

26. Jr is saying that no illegal stuff done at libraries--this would jabe PA

which is up in the Senate Wed. tomorrow!

[rodeodance]

27. kick and recommend

[rodeodance]

30. and here is local story:

http://www2.townonline.com/newton/localRegional/view.bg?articleid=414573&format=text

...City demands warrant in FBI investigation
By Dan Atkinson/ Staff Writer
Wednesday, January 25, 2006

Law enforcement and Newton Free Library officials were embroiled in a tense standoff for nearly 10 hours last week when the city refused to let police and the FBI examine library computers without a warrant.
Police rushed to the main library last Wednesday after it was determined that a terrorist threat to Brandeis University had been sent from a computer at the library.
But requests to examine any of its computers were rebuffed by library Director Kathy Glick-Weil and Mayor David Cohen on the grounds that they did not have a warrant.
While one law enforcement official said he was "totally disgusted" with the city’s attempt to hold up a time-sensitive investigation of potential terrorist threat, Cohen is defending the library’s actions, calling it one of Newton’s "finest hours."
"We showed you can enforce the law ... without jeopardizing the privacy of innocent citizens," Cohen said.

[rodeodance]

31. "We showed you can enforce the law ... without jeopardizing the privacy ..

[GemMom]

46. Public property vs. private

Just because the computers were "public" property doesn't mean the cops had any more right to seize them without a warrant than private property.

[meganmonkey]

29. Librarians are Terrorists

who hate America. Everyone knows that!

:rofl: :rofl: :rofl:

[rodeodance]

32. ..law enforcement official said he was "totally disgusted" ....

from the local story:
...While one law enforcement official said he was "totally disgusted" with the city’s attempt to hold up a time-sensitive investigation of potential terrorist threat, Cohen is defending the library’s actions, calling it one of Newton’s "finest hours."

[meganmonkey]

33. I love librarians

From my nerdy elementary school days to my activist free-speech-protecting adulthood, I love them I love them I love them.

[AnneD]

54. Many librarians I know are some of the most passionate

free speech advocates. I fear that one day, the RW will try to replace our 'librul' librarians with conservative one. Good by freedom, hello Fahrenheit 451. I can see the book burning rallies now.
Can we call it Fascism now?

[meganmonkey]

55. Yeah, after they take care of all the liberal college profs

they'll go after the librarians.

I've been calling it fascism for awhile.

[rodeodance]

34. Boston Globe had good article also

http://www.boston.com/news/local/massachusetts/articles/2006/01/26/newton_library_forces_fbi_to_get_warrant_to_seize_computers/?rss_id=Boston+Globe+--+City%2FRegion+News

[rodeodance]

35. and an article from the 'Repug Voice"

http://republicanvoices.org/more.php?id=69_0_1_0_M

[Dave Reynolds]

37. My comment to them:

COMMENTS



Yes, damn that 4th amendment! It should be banned, I tell you, BANNED!




Posted by: Elvis Hitler on Jan 31, 06 | 5:51 pm

[Rich Hunt]

36. how exciting.

Sounds like something out of a movie or something.

Good thing for internet otherwise my life couldn't be enhanced through stories like this.

Was this the REAL FBI, or the fake 'FBI'? And how would you know the difference?

[llmart]

38. As someone who works in a public library......

I can tell you that they better not EVER try to mess with me! There'll be hell to pay.

[goforit]

39. whhoooo hooo girls!!!.......PROTECT YOUR FREEDOMS!!!

[leesa]

40. Good...give em hell! It'll take the nurses and the librarians to lead the

revolution, I guess.

[anotherdrew]

41. well done! they have no need to sieze whole PCs

if they know what they're doing and looking for that is.

[paineinthearse]

44. Again?

This happened about 2 weeks ago, and was covered by the Newton Tab and Boston Herald. This is just being reported nationally? The Newton mayor was interviewed by the WZBC (Boston College) news people, broadcast last Saturday.

:shrug:

[marmar]

45. Librarians rock...

It's nice to know somebody is standing up against this Gestapo bullshit. If you haven't thanked a librarian lately, do it.

:yourock:

[Buford Pusser]

49. Freedom is preserved in just this way

The librarian stood up and the mayor backed her up.

They had no real dog in this fight, except some abstract things called freedom and liberty.

Good for them!!

We would do well to emulate, on a case by case basis.

We must stand up when we must stand up.

Buford Pusser

[RedOnce]

50. Best story of the day!

[NorthernSpy]

52. Glick-Weil and Cohen are REAL Americans!

They were RIGHT to stand up to the police-state tactic of wholesale, unwarranted search and seizure.

The righties will never admit it, but forcing the FBI to get a warrant for only those few computers that might have been used in the crime likely saved the investigators more time than it cost them. The attempt to seize and search three dozen computers -- when only three of them could be connected to the incident under investigation -- was a time- and resource-wasting overreach: as inefficient as it was wrong.

[gauguin57]

57. The Adventures of Ruth Harrison, Reference Librarian

(from "Prairie Home Companion" ... where a fictional librarian kicks ass and takes names in pursuit of universal love of literature and libraries).

[Uncle Joe]

58. Librarian's Rock!! Shhhh

:yourock: :patriot: