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FBI Serves Warrant After Frederick County PL Surrenders PCs in Anthrax Case

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

  • FBI confirms scientist Ivins used library computers
  • Agency seeks suicide letters, plan to kill witnesses
  • FBI won't comment on delay in seeking warrants

Though the director of the Frederick County Public Libraries (FCPL), MD, last week acceded to the request by the FBI for two library computers without requesting a warrant, the FBI yesterday requested and got a search warrant to search those computers, which it alleged were used by Bruce Ivins, the anthrax scientist and suspect who committed suicide last week.

In doing so, the FBI confirmed what was widely believed but not officially acknowledged: the investigation involved Ivins. FCPL, in a statement, had said that "Public-access computers are not connected to FCPL’s library patron records" but acknowledged its policies--unlike those at a good number of libraries--do not address confidentiality of computer use.

The New York Times reported that, despite the library's voluntary move, the "Justice Department said it believed it needed a search warrant to examine the contents."

What was sought
According to the affidavits (via Frederick News-Post: 1, 2) supporting the requests for warrants, filed in the U.S. District Court for the District of Columbia, FBI Special Agent Marlo Arredondo said that on July 24, FBI agents tracking Ivins watched him for 90 minutes while he used two computers at the C. Burr Artz Public Library. While using the computers, Ivins was seen to examine e-mail accounts and look at a web site "dedicated to the Anthrax Investigation."

The affidavits say that the FBI seeks "electronic communications, electronic documents, internet activity, and stored writings identifying a plan to kill witnesses or names of intended victims, suicide letters, or any other relevant electronic data."

The News-Post reported that a "Department of Justice spokesman declined to comment on why the FBI waited a week after observing Ivins use the computers to seize them, and why it waited another week before obtaining the search warrants." Ivins's attorney continued to criticize the DoJ for "heaps of innuendo and a staggering lack of real evidence."

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