Sunday, July 20, 2008

Privacy dilemma illustrated in Vermont library

The local Halifax paper is running an AP story about the tough choices that custodians of personal information are sometimes called upon to make. After a young girl went missing, the police showed up at the public library demanding to take the public access computers that the girl had apparently used to communicate on MySpace. The librarian stood her ground and demanded that the police get a warrant. They did. Here's the full story:

Nova Scotia News -

Police raid on library offers privacy dilemma

By JOHN CURRAN The Associated Press

Sun. Jul 20 - 5:19 AM

RANDOLPH, Vt. — Children’s librarian Judith Flint was getting ready for the monthly book discussion group for eight and nine-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 obtained 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.

1 comment:

Eloise said...

Hi David, What a terrible story. I will sleep better knowing that if this happened in Canada, the librarian would have most likely given access to my daughter's info under 7.3 (e) of PIPEDA or 18 (7) of the Quebec privacy law....