[IP] FBI Agents Back Down When Librarian Refuses to Let Them Seize 30 Computers Without a Warrant]
---------------------------- Original Message ----------------------------
Subject: FBI Agents Back Down When Librarian Refuses to Let Them Seize 30
Computers Without a Warrant From: "Dan Updegrove"
<updegrove@xxxxxxxxxxxxxxx>
Date: Tue, January 31, 2006 8:56 am
To: "Dave Farber" <dave@xxxxxxxxxx>
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Dave,
Today's The Chronicle of Higher Education carries this story. I hadn't
seen prior references to it.
Regards,
Dan
Tuesday, January 31, 2006
FBI Agents Back Down When Librarian Refuses to Let Them Seize 30 Computers
Without a Warrant
<mailto:andrea.foster@xxxxxxxxxxxxx>By ANDREA L. FOSTER
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.
Mr. Cohen said in an interview on Monday that he and Ms. Glick-Weil
demanded the warrant because the FBI agents did not indicate that anyone
at Brandeis faced a "clear and present danger." If there had been such a
danger, Mr. Cohen added, agents probably would have seized the computers
without even asking for them.
"We were able to both protect public safety and also protect the rights of
people, the sense of privacy of many, man
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Dave,
Today's The Chronicle of Higher Education carries this story. I hadn't
seen prior references to it.
Regards,
Dan
Tuesday, January 31, 2006
FBI Agents Back Down When Librarian Refuses to Let Them
Seize 30 Computers Without a
Warrant
By
ANDREA L. FOSTER
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.
Mr. Cohen said in an interview on Monday that he and Ms. Glick-Weil
demanded the warrant because the FBI agents did not indicate that anyone
at Brandeis faced a "clear and present danger." If there had
been such a danger, Mr. Cohen added, agents probably would have seized
the computers without even asking for them.
"We were able to both protect public safety and also protect the
rights of people, the sense of privacy of many, many innocent users of
the computers," he said. "Had we given them the computers, they
would have gotten to see e-mails from ordinary citizens doing ordinary
things and would not have preserved privacy."
About a half hour before FBI agents arrived at the library, Mr. Cohen had
received a call from the U.S. attorney's office in Boston saying that
Brandeis had received a credible threat, and that it had come from a
computer in a Newton library. Newton and Waltham, where Brandeis is
located, are suburbs of Boston.
...
The event prompted talk-show hosts and newspaper columnists in Boston to
lash out at Newton officials, arguing that they acted irresponsibly and
could have jeopardized people's lives. But Mr. Cohen said he had also
received many positive comments from people all over the country
supporting his actions.
http://chronicle.com/daily/2006/01/2006013101t.htm
VP for Information Technology Phone (512) 232-9610
The University of Texas at Austin Fax (512) 232-9607
FAC 248 (Mail code: G9800) d.updegrove@xxxxxxxxxxxxxx
P.O. Box 7407 http://web.austin.utexas.edu/dau2
Austin, TX 78713-7407
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