Comments on: while you were midwintering….

By: 望远镜

望远镜 — Sat, 16 Sep 2006 14:22:00 +0000

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By: Joshua Herzig-Marx - Something clever here » My hometown library demands warrants for FBI searches

Thu, 02 Feb 2006 02:28:17 +0000

[...] The emerging role of libraries and librarians in protecting civil liberties has been getting some attention. This entry is filed under Politics. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site. Leave a Reply [...]

By: barbara

barbara — Fri, 27 Jan 2006 19:14:27 +0000

One of the misleading things about the story is that the emergency was dealt with – the buildings were evacuated and searched for explosives. That didn’t require a warrant. What requires a warrant is seizing information that may lead to the apprehension and conviction of the person who sent the threat. That was not an emergency. Screwing up any chance of a conviction through an improper seizure would be a bigger goof than waiting a few hours to take the computers. (I’m assuming Massachusets, like most states, protects the privacy of library records by statute, so taking that information without a warrant would be grounds for throwing out any evidence obtained.) And if it were truly important to have that information quickly, a phone warrant isn’t hard to get. It simply wasn’t necessary in this case.

I wish the story had said “federal agents demanded the librarian break a state law; by insisting on a warrant she upheld the laws of the Commonwealth.” But then, she would have looked sensible and law-abiding, and we can’t have that.

By: Michael Golrick

Michael Golrick — Fri, 27 Jan 2006 16:35:20 +0000

Great to see you in San Antonio, Jessamyn, and a priveledge to sit near you.

Liza is right on when she says that USAPA does not apply because there is no possible way to assert a terrorist threat.

I’ve actually had the FBI visit me for a criminal case. They were incredibly careful and came twice with two separate warrents to be sure that they were legal and did not jeapordize their case. I’m proud of the Newton librarian standing up for patron rights.

My experience with law enforcement has been, if you explain what rules you will play by, they are happy to follow the rules.

By: Administrator

Administrator — Fri, 27 Jan 2006 15:44:49 +0000

My reading of the article is that the phrase “by the time the warrant became an issue” means that at the time the librarian said “hey fellas, you need a warrant” danger was no longer imminent.

By: Liza

Liza — Fri, 27 Jan 2006 14:59:10 +0000

Just guessing here, but maybe the USAPA was not available because no one could even assert with a straight face that the threat came from a foreign intelligence agent?

By: j's scratchpad

j's scratchpad — Fri, 27 Jan 2006 07:19:39 +0000

Newton Librarians Insist: FBI, Get a Warrant Before Seizing Equipment

When the FBI tried to remove computers from a Newton, Massachusetts, library, the librarians insisted on the FBI presenting them with a warrant before taking the equipment.

By: Lis Riba

Lis Riba — Fri, 27 Jan 2006 04:21:40 +0000

2 things for you. 1st of all, Dan Kennedy (former media columnist for the Boston Phoenix) blogged more details about the Netwon story 2, the latest Christian Science Monitor (Friday) has two articles about libraries and librarians.

By: Jack Stephens

Jack Stephens — Fri, 27 Jan 2006 03:43:11 +0000

You’re wrong. The Patriot Act is not a “legal justification,” but a law governing law enforcement access to business records, inter alia.

The FBI determined after waiting almost nine hours for a warrant that there was no longer any imminent danger: Does this mean that there could not have been imminent danger at the time? That there will never be imminent danger?