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NewsSunday, July 20, 2008 9:39 PM CDT
Library confrontation during search for girl heats up privacy debate
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RANDOLPH, Vt. -- 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.'"

Take a look
Library Director Amy Grasmick sits in the Kimball Public Library's children's room where public access computers are in use in Randolph, Vt., on Friday. 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. (AP Photo/Toby Talbot)
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Reader comments on this story - 10 total

Note: All views and opinions expressed in reader comments are solely those of the individual submitting the comment, and not those of the Pantagraph or its staff.

Geez! wrote on Jul 20, 2008 9:54 PM:

" Finding a child who may be in danger is MUCH more important than hiding a list of names of people who were using the library computers.

Priorities, people!

Bush or no Bush - this is common sense! "

clh08 wrote on Jul 20, 2008 12:19 PM:

" Big Brother. The answer is no. The search warrant would clearly state what type of information the police may investigate. In this case, it would be only information related to the girl's activities. By the way...if the police did discover other illegal activity not related to the warrant and tried to act upon it, the library is fully liable to any civil lawsuit brought against it by the perpetrator. The huge law that just made it through Congress that give the major phone companies a pass because they allowed the DOJ access to customer records without due legal process is the same thing. Prior to this law change, the phone companies were liable for millions of dollars of potential civil penalities. "

The Cats wrote on Jul 20, 2008 9:30 AM:

" To Floyd...please quote Vermont state law (search and seizure statutes will be fine) for us since you portray yourself to be an expert. BTW are you advocating the suspension of the constitution? Leave it to a radical conservative to come up with an idea so simplistic as to be ludicrous. "

BigBrother wrote on Jul 19, 2008 8:45 PM:

" If the police had taken the computers anyway and discovered a pediphile from the information would it have been admissable in court? Anyone using a public access computer could not expect blanket security. The fact that the computer is for public use implies that residual information is not protected from other persons. Any person using the computer should automatically understand that the computer may be recording every key stroke in an access log. With this premise the user would not and could not expect this information to be secret to all others. The only reason to have a security protocal that records all user input is to track that information. Common sense tells me that it does not fall under the privacy act!! "

clh08 wrote on Jul 19, 2008 8:14 PM:

" There are federal and state laws that require law enforcement to first obtain court ordered warrants. This is basic Police 101 and every cop knows it. In this case, the police were lazy trying to work around the system. In fact, they were violating the law--not protecting it. "

floyd wrote on Jul 19, 2008 7:32 PM:

" It's Vermont, You know, the state that doesn't protect children but lets predator child molesters get off easy. Isn't this one of the states that voted against Jessica's law? Congratulation to the librarian who stood up to those mean old police who were doing nothing more than to try to find and save a little girls life(sarcasm). ACLU and the liberals would be proud of you! Wait until the karma comes back. "

The Cats wrote on Jul 19, 2008 5:37 PM:

" Wouldn't have been an issue here. Our Director of the Library would have instantly caved in to the illegal search based on her position on censorship. "

Alumni--ISU wrote on Jul 19, 2008 5:26 PM:

" The CHILD was 12 years of age HER parents could have given the consent on her behalf b/c she was a MINOR. The librarian should have considered that option rather than making them wait precious hours to obtain a search warrant. I wonder how Ms. Flint sleeps at night knowing the delay she caused may have killed a child. The family is in my prayers. "

editorgirl62 wrote on Jul 19, 2008 4:49 PM:

" I understand the right to privacy - as a former journalist and now as a freelance writer, I would never betray the confidence of an information. BUT, for the record, if any of my young daughters go missing, I give my full consent for law enforcement personnel to search anything, anywhere at any time without waiting hours for a warrant. I would want my daughters back alive...not like Brooke. "

MRS. wrote on Jul 19, 2008 3:48 PM:

" Why didn't they just go in with a warrent to start with? I do agree there is "spying" of US citizens going on but it didn't start with Bush and it won't end with Bush. As far as those big tall scary men, get over it. What did you want them to do? That is their job, as far as I am concerned she did her job too and very well. She stood up to them so maybe she wasn't scared of the big bad men. "

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