FBI seizes Maryland Public Library Computers Without Court Order

The Fredrick News-Post reported on August 3rd that the FBI seized two public computers from the downtown Frederick library without a warrant:

“The FBI removed computer records from the C. Burr Artz Library this week, a library official confirmed Saturday.

Darrell Batson, director of Frederick County Public Libraries, said two FBI employees came to the downtown Frederick library either Wednesday or Thursday. The agents removed two public computers from the library’s second floor. They told him they were taking the units back to their office in Washington, D.C., Batson said.

Batson expected the computers would be returned early this week, he said.

Debbie Weierman, spokeswoman for the FBI’s Washington field office, would not comment Saturday on whether the agency had removed records from the library.

This was the third time in his 10 years with FCPL that the FBI has come to the library seeking records, Batson said. It was the first time they came without a court order.

The library’s procedure for such requests usually requires a court order, however after the agent described the case and the situation, he was persuaded to give them access, Batson said.”

http://www.wtop.com/?nid=25&sid=1452848

Slashdot has more on the story:

http://yro.slashdot.org/article.pl?sid=08/08/03/192222&from=rss

Here’s the American Library Association guideline on the matter:

“* 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://librarylaw.com/

and her blog, LibraryLaw Blog:

http://blog.librarylaw.com/

Info via Librarian.net:


 

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