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# Action sparks controversy over civil liberties
- URL: https://www.smdp.com/action-sparks-controversy-over-civil-liberties/
- Published: 2002-07-20T15:00:00.000Z
- Updated: 2026-10-23T00:33:18.000Z
- Author: Andrew Fixmer
- Tags: Crime, Santa Monica, #archive-import

*Library records subpoenaed by FBI, Secret Service*

Santa Monica Library officials said agents from the FBI and Secret Service attempted to subpoena a patron’s library records last month.

At first librarians refused the agents’ request for access to the main library’s files because they did not have a court order.

The agents returned within the week carrying the proper paperwork, only to find the suspect was not a library patron, officials said.

However, librarians said the agents would not have found much information even if the suspect had a library card because they do not keep detailed lists of what its patrons have checked out.

Once material borrowed from the library is returned and is found not to be damaged, the library deletes it from the patron’s record.

“It is the patrons’business, not ours, to know what they have read,” said Gregory T. Mullen, a Santa Monica librarian. “The entire library system is designed that way precisely to protect the rights of our patrons.

“In fact, it would be impossible for us to come up with a list of materials someone had read over the past few years,” he added.

Mullen points out that many people come into the library on a daily basis and use its resources without ever checking anything out or leaving any record of what they were looking at.

“So people already can come in here and use the resources and we would never know about it unless they check something out,” he said. “And we think that’s a good thing.”

The FBI would neither confirm nor deny that they had subpoenaed any files from the main library or that the library is involved in any on-going investigation, said FBI spokeswoman Laura Bosley.

Although Bosley said checking the library records of persons under investigation is a common method for FBI agents and often can reveal details that otherwise would never have been discovered.

“Checking a suspect’s library record can show what they have been thinking about or studying or even where they have been traveling to,” she said. “It’s a common, normal thing for our agents to do.”

> “Checking a suspect’s library record can show what they have been thinking about or studying or even where they have been traveling to.” — — LAURA BOSLEY FBI Spokeswoman

Secret Service officials did not respond to requests for comment.

In November President George W. Bush signed into law the Patriot Act, which gives law enforcement agencies more power to gather evidence in protect ing citizens from terrorists plotting criminal acts.

The act has drawn much discussion among librarians and civil libertarians. They fear government officials could use the power to access personal information without just cause.

Santa Monica librarians, for example, had refused to even reveal if the FBI and Secret Service’s suspect had a library account until the officers obtained a court order.

“This new legislation has been approved and there are possibilities that there may be other investigations or questions arising,” Mullen said. “However it’s important to remember there are laws covering the confidentiality of our records and we still must follow those guidelines and laws.”

Mullen said requiring the subpoena helps not only to protect its patron’s privacy but also any case the agents may be compiling against a suspect.

“If we just gave them information, a lawyer could later on get anything they found thrown out of court for being obtained improperly,” he said.

In his 11 years working in Santa Monica libraries, Mullen said he can count on one hand the number of times federal agents and police officers have requested to look at an individual’s library records.

“Usually the first thing they want to know is if that person is a library patron and if they have anything checked out,” he said. “They may want to look at library records to check out the person’s interests and see if they are interested in nefarious activities.”

Though Bosley would neither confirm nor deny whether any agents had even set foot in any of Santa Monica’s libraries, she did say that the FBI depends on the cooperation and help of local librarians in their investigations.

“We are in a heightened state of alert and agents are tracking down leads and tips all the time,” she said. “If it weren’t for the help and assistance of public servants, like librarians, we would never be able to completely do our job.”

> “If it weren’t for the help and assistance of public servants, like librarians, we would never be able to completely do our job.” — — LAURA BOSLEY FBI spokeswoman

![](https://storage.ghost.io/c/55/9f/559f9abc-8372-4a2e-8c2d-27386da4e363/content/images/2026/10/072002-01_01.jpg)

Above: City officials and construction crews sign a beam on top of the city’s new public safety building on Friday. (Photo: Andrew H. Fixmer/Daily Press)

*Originally published in the Santa Monica Daily Press print edition on July 20, 2002.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/072002.pdf?ref=smdp.com)