AshtabulaGuy writes “Rory Litwin’s Library Juice reported in the most recent issue links to stories that had been forward to the ALA Social Responsibility Roundtable about the matter of a raid on GlobalIndyMedia for unknown reasons.
Orin Kerr and Eugene Volokh, law professors teaching at George Washington University and UCLA respectively, offered some recent opinion as to the matter and some of the underlying legal issues. Volokh reported that the request carried out by the FBI seemingly was part of a subpoena process rather than a search warrant. Kerr then noted that the matter was not brought about due to a US investigation but was carried out by the US Federal Bureau of Investigation at the request of Italian and Swiss investigative authorities under a mutual aid treaty dealing with legal processes like subpoenas. Both emphasized that the matter was not apparently a “cease functioning” sort of seizure and highlighted discussion from another legal commentator that handing over the data farm server machines and then just restoring the sites concerned from backups in the interim to alternate servers probably was the easiest way the server farm company had to comply.
ComputerWorld, The Register, and InfoShop News have further discussion on the developing story.
Although not a hit towards libraries, this does provide some ground for sober thought about some of the practical implications that would exist for libraries in trying to comply with legal processes under the USA Patriot Act and other legal authorities.”
AshtabulaGuy writes “Rory Litwin’s Library Juice reported in the most recent issue links to stories that had been forward to the ALA Social Responsibility Roundtable about the matter of a raid on GlobalIndyMedia for unknown reasons.
Orin Kerr and Eugene Volokh, law professors teaching at George Washington University and UCLA respectively, offered some recent opinion as to the matter and some of the underlying legal issues. Volokh reported that the request carried out by the FBI seemingly was part of a subpoena process rather than a search warrant. Kerr then noted that the matter was not brought about due to a US investigation but was carried out by the US Federal Bureau of Investigation at the request of Italian and Swiss investigative authorities under a mutual aid treaty dealing with legal processes like subpoenas. Both emphasized that the matter was not apparently a “cease functioning” sort of seizure and highlighted discussion from another legal commentator that handing over the data farm server machines and then just restoring the sites concerned from backups in the interim to alternate servers probably was the easiest way the server farm company had to comply.
ComputerWorld, The Register, and InfoShop News have further discussion on the developing story.
Although not a hit towards libraries, this does provide some ground for sober thought about some of the practical implications that would exist for libraries in trying to comply with legal processes under the USA Patriot Act and other legal authorities.”
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