Writer raided for doing research
Oct. 28th, 2004 07:24 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
resonantEdited 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.
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.
![[identity profile]](https://www.dreamwidth.org/img/silk/identity/openid.png){kind=small}
(no subject)
Date: 10/28/04 05:35 pm (UTC)(no subject)
Date: 10/28/04 05:38 pm (UTC)(no subject)
Date: 10/28/04 05:40 pm (UTC)(no subject)
Date: 10/28/04 05:42 pm (UTC)self-deceived idiotsundecided voters might see it.(no subject)
Date: 10/28/04 05:45 pm (UTC)Consider it done.
(no subject)
Date: 10/28/04 05:55 pm (UTC)(no subject)
Date: 10/28/04 05:57 pm (UTC)I'm sorry. I realize I sound marginally incoherent, but this really ticks me off. That poor woman. *random muttering*
(no subject)
Date: 10/28/04 06:03 pm (UTC)(no subject)
Date: 10/28/04 06:10 pm (UTC)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.
(no subject)
Date: 10/28/04 06:14 pm (UTC)so it's really a lot about fear? moore was maybe right after all...
it still amazes me, b/c part of me still "believes" in america...
(no subject)
Date: 10/28/04 06:14 pm (UTC)Another thought that occurred to me is that reports of this kind seem to be more numerous in the last year then they were before. I don't remember this kind of thing coming up regularly (if at all) on any fannish mailing lists I was on, and it would have been of interest to at least a couple of them.
(no subject)
Date: 10/28/04 06:16 pm (UTC)(no subject)
Date: 10/28/04 06:17 pm (UTC)(no subject)
Date: 10/28/04 06:18 pm (UTC)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?
lance and i don't care about your spelling *g*
Date: 10/28/04 06:19 pm (UTC)and yes, it might certainly be that things are happening more and more frequently...i mean, one of the things that i found quite surprising in the us was that privacy seemed much less a concern for a lot of peoplethan back home. the fact that your ss# basically is required for everything and anything and noone cares...release of medical info which i remember being a huge issue in germany before i left seems to not even be discussed and so on...
i get very antsy at the 'if you have nothing to hide' argument i all too often hear...
(no subject)
Date: 10/28/04 06:21 pm (UTC)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
(no subject)
Date: 10/28/04 06:23 pm (UTC)(no subject)
Date: 10/28/04 06:44 pm (UTC)(no subject)
Date: 10/28/04 06:56 pm (UTC)I think it cuts both ways: fear makes excesses & abuse possible, and on the other hand it looks like the government agencies *are* taking more liberties and operating differently than before and of course that is going to scare people.
it still amazes me, b/c part of me still "believes" in america...
This is probably neither the time nor the place to get into a discussion of a concept, but whenever people say they 'believe' in a country I'm a little puzzled, and a little worried. Worried, because I see a lot of people having problems with discrepancies between the ideal and the reality when it comes to things they believe in strongly. And that can leave those discrepancies going unaddressed. Might I suggest a sort of hopeful affection as an alternative? *g*
And puzzled because well, when you say 'believe' I presume you mean that you thought this sort of thing doesn't happen or isn't supposed to happen there (apologies if that's not what you meant). And while I'm sure there are many things that are wonderful and cool about the place (as there are things that are wonderful and cool about every place), plain statistics (and Amnesty International) quite plainly suggest that there are also a lot of things that aren't cool or wonderful at all about the place, and have been for a long time. Like most, if not all, other places.
(no subject)
Date: 10/28/04 07:06 pm (UTC)(no subject)
Date: 10/28/04 07:08 pm (UTC)The book was the GURPS Cyberpunk sourcebook, and the raids were done by the Secret Service rather than the FBI. It wasn't that early in Internet history (1990 may seem early, since it predates wide usage, but some of us were around back then).
SJG sued the Secret Service, the case went to court with the help of the EFF, and SJG won.
(no subject)
Date: 10/28/04 07:13 pm (UTC)Thanks! for posting.
(no subject)
Date: 10/28/04 07:24 pm (UTC)(no subject)
Date: 10/28/04 07:25 pm (UTC)Now, wanna hear something really scary? Imagine that incident happening today, only with "terrorists" substituted for "hackers". Do you think anyone would ever see Steve Jackson, or any of his employees, ever again? They'd be left in Guantanamo Bay to ROT.
(no subject)
Date: 10/28/04 07:29 pm (UTC)This case makes it worse; they clearly must have known she was a fiction writer.