More on the Deming Library and Patriot Act
I had blogged about it earlier
here.
There are two new articles available.
The first from the
Bellingham Herald (they pick it up finally!)
bq.
After library records subpoenaed, lawyer questions PATRIOT Act
When a grand jury subpoenaed the Deming Library for book borrowers' records in June, administrators exercised their right to question the demand - a right that doesn't exist under the USA PATRIOT Act.
bq. For Deborra Garrett, attorney for the Whatcom County Library District, the experience reinforced what is scary to her about the PATRIOT Act, and reminded her that small towns aren't immune from big government investigations.
bq. "If this were a PATRIOT Act subpoena, not only would the library and I not be permitted to talk to anyone, there also would be no procedure to have the court look at the situation and determine (whether) it is appropriate to force the library to disclose the information," she said.
The article then goes on with Deborra Garrett talking about the difference between the subpoena and the use of the Patriot Act:
bq. A grand jury apparently authorized a U.S. Attorney's Office investigation, and issued a subpoena for the records, delivered to Garrett on June 18.
bq. On behalf of the library, Garrett filed a motion to quash the subpoena, asking a federal judge to weigh patrons' privacy rights against the requested materials' relevance to the investigation.
bq. The U.S. Attorney's Office has since withdrawn the subpoena, Garrett said.
bq. Garrett said that she thinks the recourse allowed by a grand jury subpoena is appropriate.
bq. "It's not that privacy rights can never be invaded," she said. "But if the government seeks to invade them, the government has to show that it's absolutely necessary to do that. ... "I'm concerned the PATRIOT Act would result in making the legal protections afforded to citizens unavailable."
bq. She said she thinks the act "is conducive to what I think is abusive conduct. That's why I find it scary."
The second article is in the
Whatcom Independent.
Unfortunately, the only way it has to view its articles is to download the PDF file for the entire issue. There seems to be no way to search for a specific article and get just that. The article in question is on Page three of the PDF file for the October 15, 2004 issue. I excerpted the text from that file -- here is an excerpt:
bq. October 15-21, 2004 Whatcom Independent
by JOHN KINMONTH
bq. The Deming Library has won its fight against the government after refusing to give the records of its readers, following an FBI investigation into suspicious writings in one of the library’s books.
Since the article is such a pain to get from their website, I am posting it below - click on the Continue Reading link to view it and remember that the entire work is Copyright by the Whatcom Independent.
UPDATE: I had forgotten this but in
my previous post, reader ravin left a comment wondering if someone visiting the library might not have written the marginal note. There is nothing that says it was someone who checked out the book. I use this library from time to time -- it is about 20 minutes from where we live and is nice and big and has a large reading area. Very good point!
bq. Early last summer, a Deming library patron checked out a book titled “Bin Laden: The Man Who Declared War on America” by Yossef Bodansky. The unnamed patron contacted the FBI after noticing a handwritten note in the margin of one of the pages. The note read: “If the things I’m doing is considered a crime, then let history be a witness that I am a criminal. Hostility toward America is a religious duty and we hope to be rewarded by God.”
bq. Bellingham field agent James Powers, of the FBI, went to the Deming library branch, requesting a list of individuals who had checked out the book. The agent did not utilize the Patriot Act in the request, which would have forced the library to relinquish its records. Adhering to library policy, Deming staff told the agent that the matter needed to be communicated to Whatcom County Library System management first.
bq. After they were notified, WCLS Director Joan Airioldi said they consulted counsel and learned the specifics of the note. Deborah Garrett, the library district’s attorney, then told the agent the library would not release any patron information without a subpoena or court order. Garrett went a step further and personally researched the writings. She found they were nearly a direct quote from statements made by Osama Bin Laden in a 1998 interview published in Time magazine. A letter was sent to the FBI reporting her findings.
bq. Meanwhile, a grand jury subpoena had been obtained and was presented to the library on June 18. In response, the WCLS Board passed a resolution to proceed with a motion to squash the subpoena on the grounds that it violates constitutionally protected rights.
bq. “A library is a cornerstone of First Amendment rights, an institution built on the concept of free expression of ideas; free exchange of information is a fundamental First Amendment right of the library, the patron and the public,” Airioldi said.
bq. Other rationale for the motion had to do with the nature of the contents under investigation.
bq. “There is no substantial connection between the information sought and the subject of the grand jury proceedings—there must be an adequate foundation for inquiry,” she said. “Even assuming that the subject of the grand jury’s investigation is related to the government’s interest in preventing terrorism, the information sought does not advance or relate to that goal.” Finally, Airioldi said they simply do not have easy access to patron records.
bq. “The information is not readily available to the library district because the computer records contain only the names of the current book borrower and a maximum of one previous borrower, if that borrower borrowed the book within 90 days,” she said.
bq. The subpoena was withdrawn soon thereafter. Airioldi maintains they were not simply trying to stand in the way of an investigation.
bq. “Librarians are not obstructionists,” she said. “They have always cooperated with law enforcement whenever they are presented with a court order in proper form, showing good cause.”
bq. Emily Langlie, public affairs officer for the U.S. Attorney’s Office Western District of Washington, said she is not able to talk about the case. “Because it’s a grand jury matter, we’re very limited in what we can say,” she said.
bq. She did, however, refer to past instances of the FBI obtaining patron records through grand jury subpoenas in the cases. She referenced the lengthy Unabomber investigation where FBI agents accessed numerous library records of people across the country who had checked out certain books. She also alluded to the cyanide murders where agents used evidence gathered from library subpoenas to successfully apprehend Stella Nickell in the late 80s.
bq. U.S. Rep. Rick Larsen, D-Lake Stevens, said he thinks the Whatcom County Library officials were “correct in asking the FBI to go through appropriate judicial procedures so that everyone can be protected,” he said.
bq. Larsen noted that the FBI did not demand the records on the grounds of the Patriot Act, which would have forced the library to hand over the records immediately and without help from the judicial system.
bq. “The problem with the Patriot Act is that it removes a judicial role in the search and seizure of documents and records,” said Larsen. “The FBI going to a judge to move forward in this case proves we don’t need the unchecked powers in the Patriot Act purportedly there to protect us.”
bq. On whether the FBI should be taking this much interest in somebody’s library records, Larsen said, “The road that we seem to be headed down in this country is that habits are defining intent.”
bq. According to Airioldi, the Bin Laden book in question was written in 1999 by a former senior consultant to the U.S. Department of Defense and Department of State. The 406-page book gives a comprehensive account of the rise of Osama bin Laden and related world events. Airioldi pointed out the book’s forward, which states: “In this book Bodansky breaks “new ground in the study of international terrorism. That is why it is vital that all Americans read Bin Laden; the man who declared war on America. Only by learning about our adversaries and educating our citizens can America remain safe and protect its freedoms.”
bq. According to WCLS, there are three copies of the book in the Bellingham Public Library and the Whatcom County Library System’s combined catalog.
bq. Although the due date was July 12, the FBI has yet to return the Deming library copy. The official status of the book: “Lost.”
bq. Agent Powers could not speak on the issue as of press time.
Posted by DaveH at October 15, 2004 6:22 PM