Writer raided for doing research

[resonant]

Edited January 26, 2005: Please go here for the latest update, in which RWR declines to stand behind this story, saying that "Jungle Beat is an opinion column" and that they don't verify the content.

Here's a deeply creepy manifestation of the Patriot Act: A writer of "mainstream women's fiction" was working on an adventure novel set in Cambodia and involving terrorists. For research, she was buying books online, checking them out from the library, and looking at Cambodia-related websites.

Her home was raided and her writing material confiscated (including her computers, her files, her contracts, and even her music CDs). She still hasn't gotten most of her stuff back.

I got this information from the November 2004 issue of Romance Writers Report, the monthly magazine of Romance Writers of America. I can't find the article online to link you to, but it's worth reading, so I'll put it under the cut.

Edited to add: Several people have asked if they can link to this. Go ahead -- no need to ask permission. People need to know about this.

Edited again to add: This did not happen to me! I appreciate your expressions of sympathy, but I'm just reporting what I read in the magazine. I'd love to claim to be a multi-published author, but I'm not.



This is an excerpt from a roundup of brief news articles called "Jungle Beat" by Stephanie Bond, in the November 2004 issue of Romance Writers Report.

Patriot Act Hits Close To Home

In the previous Jungle Beat, I reported the narrow defeat of the Freedom to Read Amendment to the Commerce, Justice, State (CJS) Appropriations Bill. The amendment would have barred the Justice Department from using money appropriated under the CJS bill to search bookstore and library records under Section 215 of the USA Patriot Act. If you think that as women's fiction writers, we're immune from scrutiny under the Patriot Act, think again. Last fall, the home of a multi-published author for an RWA-recognized print publisher was raided and her writing materials confiscated. The writer, an RWA and PAN [Published Authors Network] member who asked to be referred to as Dilyn, agreed to be interviewed for this column to alert RWA members of potential risks when conducting research.

SB: What type of story were you researching?

Dilyn: Mainstream women's fiction adventure. It was set in Cambodia, all about the theft of antiquities. In my research I learned about the atrocities that still go on there even today, much of it coming from one of the Al Qaeda-linked groups. I actually went back through my book and deleted those specific terrorist references after 9/11 and changed the terrorists to a rogue band of thieves because of 9/11 and terrorist sensitivity.

SB: What types of books did you buy/check out of the library?

Dilyn: I bought and checked out books on Cambodia -- its history, its present struggles, its antiquities and anything I could get my hands on concerning the terrorism going on there ... landmines, in particular. And those were the kinds of Web sites I surfed, too.

SB: Did you share your reasons for checking out the books with your librarian?

Dilyn: No. My library is huge and highly impersonal. I did the library book search online and simply went there to check them out. I also kept those books checked out for well over a year during the writing of my book. Plus, I purchased all my research books online -- about six. As far as my Web surfing, I went dozens of places. Many were for non-terrorist aspects of my book, but a few were for gathering specific terrorist information. To be honest, I was surprised to find the Al Qaeda linked to Cambodia. I was only going after the landmine atrocities because they played a huge part in my story.

SB: Did you have any reason to suspect you were being targeted for a raid, any advance notice?

Dilyn: No. Not a clue. Although, for a while prior to the raid, I thought I was being stalked. Mail was missing from my box, I caught someone searching my trash, I saw a prowler in my yard and actually called the police. One of my neighbors saw someone watching from across the street -- she wasn't sure if it was my home or hers. She called the police, too -- turns out they were taking surveillance photos.

SB: When did the raid take place, how long did it last, and what items were confiscated? What agency conducted the raid?

Dilyn: The raid took place last fall, pre-dawn, and it lasted three hours. They banged at my front door first, damaged it coming in, displayed weapons and threatened to kill my dogs. After that, imagine everything you've ever seen on TV, only worse. There were six male agents. One was in the "bad cop" mode the entire time, trying to intimidate me, yelling at me, threatening me. When I had to use the restroom, he sent an agent along to the bathroom with me. It was a multi-agency raid: Postal Inspectors (for the Web site/e-mail end of it), the FBI, and three officers who would only identify themselves as Federal Police. They took so much -- computers, photocopier, files, books, discs, computer programs, CDs of the music by which I write, contracts, absolutely everything I had connected to the writing world. They took pictures off my walls, my office television, pens, a case of paper, postage stamps ... even now, after all these months, I still go to get something only to discover it missing.

SB: Have you had any success in retrieving items that were taken?

Dilyn: They brought my computers back within a couple of months -- bugged. I have this great computer guy who couldn't wait to get inside to take a look, and sure enough, they had a program in there to monitor me. I got my discs back, too, all ruined. They still have everything else.

SB: Is it your opinion that the raid was triggered based solely on your book-buying and library habits?

Dilyn: The search warrant was specific to items pertaining to my writing and research, plus the agents absolutely were looking for certain books by title -- titles of books I had in my possession that were actually included in the warrant. So I know without a doubt that those aspects of our research habits are being monitored. My "Scene of the Crime" series from Writer's Digest weren't on the warrant but man, oh man, were they excited to find those! I believe, however, that my Internet research had a large part in this, too.

SB: Did your publisher get involved at all in your defense?

Dilyn: I informed my publisher immediately, and they've been great -- extremely supportive -- but they're not involved in my defense. I had to hire a criminal defense attorney who specializes in federal warrants and issues of search and seizure.

For the first several months I was a basket case. I jumped if the dogs barked, cried if someone knocked at the door. But somewhere along the line I realized that I did nothing wrong. I don't want to make this a debate over the Patriot Act, but its broad scope violated my rights. I have the right to do research as I see fit as long as it's legal, and to buy or check out the books I want. In the future I will do nothing that I haven't done in the past. Quite simply, I'm not changing. Sure, I'm aware that I am being monitored, more so now than before. But let them monitor me. If, however, you want to fly low on the radar, don't buy your books online. It's tougher with the library issue because your library check-out habits are monitored. Not every title, mind you, but the FBI, and now Homeland Security, does watch some "flagged" books. Perhaps instead of checking out a book you think could be a flagged book, read it at the library. Make notes or photocopies of the information you need to keep. As for the Internet -- that's a big question mark because there are definitely websites set up for the sole purpose of entrapment. Others are simply being monitored. Obviously I stumbled into one or the other -- maybe both. If you want token that kind of tracking off your personal computer and keep the Feds away from your personal e-mail address (the government does use several different e-mail tracking programs -- apparently my e-mail was being tracked by one called Carnivore), use a public library computer, or try a university library.

Comments

[mamadeb.livejournal.com]

May I link to this in my livejournal?

[resonant8.livejournal.com]

Sure. Link far and wide, in case any self-deceived idiots undecided voters might see it.

[nestra.livejournal.com]

Goddamnit.

[cathexys.livejournal.com]

wow! sometimes i wonder whether things are so much worse or whether these injustices always existed and we just didn't have the ability to widely spread the info...

[halimede.livejournal.com]

AFAIK, both. Alow me to demonstrate with an anecdote. I have heard that the FBI once confiscated a bunch of materials from a Role Playing Game development company the name of which I know but now escapes. It sucked for them because it meant they couldn't bring out the game on time, so there were repercussions. But there are ways in which it was different, such as everybody and there dog *laughing* at the complete and utter ineptitude of the FBI. The prevaling emotions were annoyance, anger and amusement. Also, this was a game about computer security in the *very* early days of the internet (in these documents the writers predicted to-be-invented firewalls and called them ice-planes or something like that) and so the FBI could be sort of forgiven for a) not having the first clue about it and b) not being able to tell right off the bat that it was all a game.

Another thing that's different that in no iteration of that particular story did *anybody* mention a file being kept in perpetuity, nor were they afraid of future complications. Quite the opposite.

[jadarene.livejournal.com]

What a bunch of morons confiscating an intelligent woman's research. I love how she tells us how to get around being subjected to their idiotic crap. You can bet I'll be making a lot of copies. What crap. I mean, if anything, piss off a writer with connections, and watch the holes in your stupid theory sink. Way to make all the real threats out there go further into hiding!

I'm sorry. I realize I sound marginally incoherent, but this really ticks me off. That poor woman. *random muttering*

[ineke.livejournal.com]

Gah! Christ, I can't believe it. Well, I can, but I wish I didn't have to believe it.

[everythingisaid.livejournal.com]

Now this I agree is an outrage.

[emrinalexander.livejournal.com]

Jesus frelling ... I thought they got rid of the Stazi when the Berlin wall came down. Instead, they've just moved the informer run police state here.

Since when in fucking hell is it illegal or immoral or anything else to research effing CAMBODIA??? Good god, I suppose my online reseraches on Israel are going to be targeted next.

May I link to this from my LJ?

[resonant8.livejournal.com]

Yes, please do!

[ladysevsnape.livejournal.com]

yet another thing i dislike about bush... gads... have the feds never heard of "the more you know?"

the more people read about Al-Queda, the more likely they are to NOT let someone who may be a terrorist do something like 9/11 again! I personally think that if something like this were to happen to me I'd be furious and point out that "hello? this is america right? What happened to freedom of speech?" gah! can't even get my thoughts out straight... I feel for her

[ame-chan.livejournal.com]

I'm linking this if you don't mind.

:)

[lonelyrider.livejournal.com]

picture of the day.

[liaison27.livejournal.com]

I copied the text and emailed it to a co-worker who is in a professional writers' group. They specialize in childrens and YA books, but it's another place to warn people about this.

Thanks! for posting.

[ide-cyan.livejournal.com]

That's fucked up.

Government: another name for organised crime.

[angel-clover.livejournal.com]

Word.

[feyandstrange.livejournal.com]

Thanks for the information! And to think I was putting off joining RWA until January for budget reasons.

I have re-posted your quoted section in its entirety in my journal so that I have it as a reference, and to spread the word.

And so much for my two outlines for similar books. Maybe I'll switch to children's fiction. Or knitting American flags.

Paranoia is just total awareness.

[nuptse.livejournal.com]

Jeez. I'm sure I'm on a list somewhere because I research all sorts of material for spy novels...

*peeks out window*

Correct me if I'm wrong, but...

[leianora.livejournal.com]

I don't recall those responsible for 9-11 announcing that they were going to do it, yes they were, because America sucked balls, no? I didn't think so. Intelligence did know about them, according to some sources, but even during Clinton's administration, nothing was done to stop them, even when the U. S. S. Cole was bombed. So, this is how big governments start to totter, folks. The little details are ignored, and foisted off to less than compitent idiots, and said idiots then use these fuck ups to subject the people they are sworn to serve and protect to fear and outrage. Well, what do we do now? While electing another president may seem like a good solution to some, I maintain that such a solution is nothing more than a makeshift splint placed on the broken leg that was once a proud country. Mr. Kerry, when you do get elected, because I firmly refuse to believe that Bush is going to be in for another four years, you have a lot of work ahead of you, sir. I feel very sorry for you, and all those whom you will place in office to clean up the mess of over twenty years.

Re: Correct me if I'm wrong, but...

[pokeyturtle.livejournal.com]

er... clinton was making efforts to stop them. his outgoing administration also warned the incoming bush administration about the threat of bin laden/ al qaeda. the warnings were ignored.

haven't you been paying attention to the 9-11 commission hearings or anything? hell, even snopes.com addresses the "clinton did nothing about terrorism" claim. hello... the last time the wtc was attacked, clinton put the guys responsible behind bars.

but where's bin laden? could be back in saudi for all we know, being hidden by his family. he's not as estranged from them as we've been led to believe.

[anniemal.livejournal.com]

Always knew these guys were evil. I expect the SS at my door any minute.

I'm so tense about the upcoming election that I keep wanting to go 'round doing illegal things with Bush/Cheney signs. I keep trying to respect peoples' right to their opinions, but can't. When this administration was papa'd in, I went to bed for a month. I'm just hangin' on.

And I'm far more afraid of being kept "safe" under this regime than I am of terrorism. I will not fly. Heaven knows what jerk in a uniform will harrass me over what. I could retool my kit and check it, but don't feel I should have to. The airlines have lost all custom I'd've given.

I'm short, greying, out of shape and a patriot to my core.

I also resent being treated as a suspect.

Head down. Heck with this administration. The airlines can ask someone else if they want people to fly. I wash my hands.

If I'd been on one of the attack planes, fully equipped, I might have died but would've gone down fighting and done my best to take a terrorist with me if I could. And bitten his houris raw.

[rosemarymint.livejournal.com]

I was linked here by rm. As a writer, I am so horrified by this. I literally have no words. Thanks for putting this online. I will be linking to this.

[curia-regis.livejournal.com]

Linked here by ataniell93.

I am so glad that I don't live in the US. To be honest, this is the third time I've ever used that phrase and one of the other times was also to do with the Patriot Act.

I suppose if I lived in the US my house would have been raided too. I have written essays on the Iraq war and possible terrorist links. I've also just done random research on Israel, Palestine, South Africa and other countries.

When did the US turn into an Orwellian state?

[animerei.livejournal.com]

something else that y'all might want to read.
http://www.livejournal.com/users/anniesj/331112.html

[reaneau.livejournal.com]

and also read the original post that was google cache'd

here:
http://216.239.41.104/search?q=cache:1axmjyHF8G4J:www.livejournal.com/users/anniesj/&hl=en&lr=&strip=1

Scroll down to 10/14/04 entry.

[ausmac.livejournal.com]

I don't know if Americans realise the extent of the loss of freedom caused by the Patriot Act. We in Australia have implemented legislation based almost directly on that Act, and my co-workers here at the law firm I work for tell me that under the Patriot Act, if you are questioned, you do not have the right to legal representation while under questioning. If you murder someone, you have more rights than if you suspected of something under the PA.

I was first made aware of the extent of that when I noted that were I to travel to the US (as I have done many times) I would have to be fingerprinted on entry. Fingerprinted.

In trying to protect yourselves against an evil, you are at risk of becoming what you least wish to become - a police state. It's a scarey thought, because we're heading that way too.

[florahart]

Some days after 9/11, before the Patriot Act was proposed, I wrote an essay for a newsletter on how I hoped and prayed that we would not overreact by attempting to become perfectly safe, because to do so, for one thing, is impossible, and for another thing, would almost certainly create restrictions that most native-born US citizens have lived all our lives not wanting. I said that I personally would rather live with the knowledge that I experience risk than live withing restrictions imposed in order to pretend I don't. The PA is worse than anything I imagined at the time, and damn does it piss me off.

[florahart]

You know, there's a reason why some libraries have put up signs that say words to the effect of "our records haven't been raided yet." Since the Patriot Act explicitly forbits libraries, bookstores, etc, from letting anyone know that they *have* been raided, the idea here is, if the signs come down, folks who use the place will know. Because the PA doesn't explicitly forbid that, and it's such so incredibly frightening and wrong (believe many or most or possibly all library-ish types), that even though such signs clearly violate the spirit of the damn thing, they support a greater good. Frighteningly, I have friends who don't believe that the utter vagueness of the law literally allows ANYONE to be searched, secretly, tapped, bugged, surveilled, whatever, for the most nebulous possible reasons. They argue that the vagueness is just to allow for all possibilities, and that it would certainly never be *used* for frivolous reasons.

Anyway. No words. This is crap, and it utterly shreds that most fundamental of our rights, the right to live, think, read, learn as we will, as long as we don't fuck up anyone else by so doing. As a basically non-violent person, this law has made me want to hit something more often than any other thing.

[cktraveler.livejournal.com]

There are a lot of libraries I've seen which have posted signs that flatly say "We will not be cooperating with the Patriot Act under any circumstances."

You'll know they tried to raid them, because the library will have been closed.

So far, as far as I know, it hasn't come up.

Ashcroft: liar or stupid? you decide

[evenfers.livejournal.com]

Lovely. I did link you as well

Remember when Ashcroft said it was all hysteria? He was either lying his ass off, or too stupid to understand that if you give someone a tool, they will use it in every way they can.

http://www.courier-journal.com/localnews/2003/09/19ky/wir-front-ashcroft0919-8404.html

Money quote from Ashcroft is "No one's reading habits have been reviewed. Not a single American's library records have been reviewed under the Patriot Act."

Nice past tense construction there.

No way, they had have been using it exactly the way people were afraid they'd misuse it, by tracking who checks out what books.

Librarians are pretty pissed too. They have a petition up about it.
http://www.ala.org/ala/oif/ifissues/usapatriotact.htm

Re: Ashcroft: liar or stupid? you decide

[glitterdemon.livejournal.com]

thank you for the ala link; that is heartening to see through the haze of red over my eyes.

[trifles.livejournal.com]

Found via editrx and rm, and linked to myself.

[kestrel127.livejournal.com]

Found via trifles and linked!

[samuraiartguy.livejournal.com]

Frightening. And having been the subject of surveliance myself-- Infuriating.

I'm linked!

Banzai!

[werewolf-song.livejournal.com]

Linked. Thank you.