MD PL Director Accedes to FBI Computer Seizure; Possible Anthrax Link

Norman Oder -- Library Journal, 8/4/2008

• FBI took two computers; library says they were not linked to patron records
• Director would typically request warrant, but says he was convinced by FBI
• Investigation may be linked to anthrax suicide case

[See Aug. 8 update.]
In an investigation possibly linked to the events surrounding the suicide last week of anthrax scientist Bruce Ivins in Frederick, MD, the FBI seized two computers from the Frederick County Public Libraries (FCPL)—and the library director acceded to the effort without requesting a warrant. According to a statement issued today by the library, "Public-access computers are not connected to FCPL’s library patron records. No library patron records were provided to the FBI. Library patrons’ records are not made available to law enforcement authorities without a court order."

Library spokeswoman Elizabeth Cromwell, queried by LJ, stated, "The library's policies do not make any statement regarding confidentiality regarding Internet use. Our recent experience will provide new knowledge that will no doubt assist us if we develop a confidentiality policy for Internet use in the future."

Asked to comment, Mary Somers, Intellectual Freedom Officer of the Maryland Library Association, said the organization "has full confidence in Mr. Batson and feels sure that he made the best decision possible given the information provided to him. Mr. Batson has addressed this issue in a statement posted on the Frederick County Public Libraries web site."

The news breaks
The Frederick News-Post reported Sunday that FCPL removed the two computers either Wednesday or Thursday, according to Darrell Batson, the library’s director. Batson, who is president-elect of the Maryland Library Association, told the newspaper that it was the third time in a decade the FBI has requested record, but the first time without a court order. 

And while the library’s typical response is to request a court order, Batson, after hearing the agent describe the investigation, was persuaded to give them access. "It was a decision I made on my experience and the information given to me," he told the newspaper. The library, in the statement today, noted, "FCPL provides public-access computers as a service to the community, and access is provided to anybody, regardless of whether they possess a library card."

Anthrax connection?
While Batson noted that the FBI representatives did not mention Bruce Ivins, anthrax, or the Fort Detrick site where the scientist worked, he acknowledged to the newspaper that the investigation “coincided with the events everyone is talking about," he said. Coverage in the New York Times and Washington Post made more explicit links between the action at the library and the anthrax case. However, the library stated today, "While several media reports have linked the interaction with the reported suicide of Bruce E. Ivins, FCPL has no information or indication of such a linkage."

And what might the FBI have been looking for? No official has commented, but a commenter on the News-Post web site speculated that it might be an effort to find out who leaked a sealed grand jury indictment.