FBI drops demand for library records

You may recall the case of the Connecticut library. The FBI had served it with a National Security Letter (NSL) demanding it produce documents and records on all of its patrons' activities in connection with a particular IP address during a specific period of time. Recipients of NSLs are automatically prevented by law from telling anyone else that they have received the letter or that they are complying with it.

The library refused to comply, joined up with the ACLU and other libraries, and took the matter to court, where the FBI has lost motion after motion. Finally, it seems, the FBI has decided to drop the case altogether and has given up its request for the information.

It does seem strange that the FBI didn't just seek a warrant for this information. It actually seems to have been a very limited request for all "subscriber information, billing information, and access logs" of anyone "related" to a particular IP number during a specified fifteen minute period. (NSL letter here) The IP number is no longer active, so I can't tell whether it was one that many people are likely to visit (e.g., Google) or few (e.g., an al Qaeda operative). Assuming it was something like the latter, I see no reason why the FBI could not very easily have obtained a warrant for the information. The library says it would probably have complied with a request accompanied by a warrant. As it is, the FBI's insistence on seeking the information without a warrant resulted in it not getting anything.

The only explanation I can think of for this is that the Bush administration simply wanted to push the envelope of its powers at every opportunity just to prove it was not answerable to either Congress or the Courts.

Finally, we have a small victory for the good guys.