RANDOLPH, Vt.(AP)
Children's librarian Judith Flint was getting ready for the
monthly book discussion group for 8- and 9-year-olds on "Love
That Dog" when police showed up.
They weren't kidding around: Five state police detectives
wanted to seize Kimball Public Library's public access
computers as they frantically searched for a 12-year-old girl,
acting on a tip that she sometimes used the terminals.
Flint demanded a search warrant, touching off a confrontation
that pitted the privacy rights of library patrons against the
rights of police on official business.
"It's one of the most difficult situations a library
can face," said Deborah Caldwell-Stone, deputy director of
intellectual freedom issues for the American Library
Association.
Investigators did obtain a warrant about eight hours later, but
the June 26 standoff in the 105-year-old, red brick library on Main
Street frustrated police and had fellow librarians cheering
Flint.
"What I observed when I came in were a bunch of very tall
men encircling a very small woman," said the library's
director, Amy Grasmick, who held fast to the need for a warrant
after coming to the rescue of the 4-foot-10 Flint.
Library records and patron privacy have been hot topics since
the passage of the U.S. Patriot Act after the Sept. 11, 2001,
terror attacks. Library advocates have accused the government of
using the anti-terrorism law to find out _ without proper judicial
oversight or after-the-fact reviews _ what people research in
libraries.
But the investigation of Brooke Bennett's disappearance
wasn't a Patriot Act case.
"We had to balance out the fact that we had information
that we thought was true that Brooke Bennett used those computers
to communicate on her MySpace account," said Col. James Baker,
director of the Vermont State Police. "We had to balance that
out with protecting the civil liberties of everybody else, and this
was not an easy decision to make."
Brooke, from Braintree, vanished the day before the June 26
confrontation in the children's section of the tiny library.
Investigators went to the library chasing a lead that she had used
the computers there to arrange a rendezvous.
Brooke was found dead July 2. An uncle, convicted sex offender
Michael Jacques, has since been charged with kidnapping her.
Authorities say Jacques had gotten into her MySpace account and
altered postings to make investigators believe she had run off with
someone she met online.
Flint was firm in her confrontation with the police.
"The lead detective said to me that they need to take the
public computers and I said `OK, show me your warrant and that will
be that,'" said Flint, 56. "He did say he didn't
need any paper. I said `You do.' He said `I'm just trying
to save a 12-year-old girl,' and I told him `Show me the
paper.'"
Cybersecurity expert Fred H. Cate, a law professor at Indiana
University, said the librarians acted appropriately.
"If you've told all your patrons `We won't hand
over your records unless we're ordered to by a court,' and
then you turn them over voluntarily, you're liable for anything
that goes wrong," he said.
A new Vermont law that requires libraries to demand court orders
in such situations took effect July 1, but it wasn't in place
that June day. The library's policy was to require one.
The librarians did agree to shut down the computers so no one
could tamper with them, which had been a concern to police.
Once in police hands, how broadly could police dig into the
computer hard drives without violating the privacy of other library
patrons?
Baker wouldn't discuss what information was gleaned from the
computers or what state police did with information about other
people, except to say the scope of the warrant was restricted to
the missing girl investigation.
"The idea that they took all the computers, it's like
data mining," said Caldwell-Stone. "Now, all of a sudden,
since you used that computer, your information is exposed to law
enforcement and can be used in ways that (it) wasn't
intended.'"
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