Initial online search spurring a raid on a Kansas newspaper was legal, state agency says

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Initial online search spurring a raid on a Kansas newspaper was legal, state agency says
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A Kansas Department of Revenue spokesperson says it’s legal to access the agency’s driver’s license database using information obtained independently.

A stack of the latest weekly edition of the Marion County Record sits in the back of the newspaper's building, awaiting unbundling, sorting and distribution, Wednesday, Aug. 16, 2023, in Marion, Kan. The newspaper's front page was dedicated to two stories about a raid by local police on its offices and the publisher's home on Aug. 11, 2023.

The police chief led the Aug. 11 raids and said in the affidavits used to obtain the warrants that he had probable cause to believe that the newspaper and the City Council member had violated state laws against identity theft or computer crimes. Department of Revenue spokesperson Zack Denney said it’s legal to access the driver’s license database online using information obtained independently. The department’s Division of Vehicles issues licenses.The Kansas Bureau of Investigation continues to probe the newspaper’s actions. The KBI reports to state Attorney General Kris Kobach, a Republican, while the Department of Revenue is under Democratic Gov. Laura Kelly’s authority.

The seized equipment was turned over to a computer forensics auditing firm hired by the newspaper’s attorney last week after the county attorney concluded there wasn’t enough evidence to justify its seizure. The auditor is checking the equipment to see whether materials were accessed or copied. The last item says: “I will use the information requested in a manner that is specifically authorized by Kansas law and is related to the operation of a motor vehicle or public safety.”

Newell also accused the newspaper of giving Herbel private information about her. Herbel, who has referred most questions to her attorney, said that was a “blatant lie.” Meyer also told the council that the newspaper did not give information to Herbel and noted it did not publish the information it obtained.

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