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http://www.newsroom-l.net/blog/archives/000094.html#more
Newsroom-l Public Journal
Items of interest to journalists and other baffled imbeciles
« Julian Bond Says GOP Moves to Stifle Black Vote | Main
August 30, 2004
Secret Service subpoenas Indymedia
ACLU Criticizes Secret Service Investigation of News Website That Posted RNC
Delegates' Names

ACLU is Defending Web Host and Others Sought Through Grand Jury Subpoena

FOR IMMEDIATE RELEASE
CONTACT: Emily Whitfield, ACLU
August 30, 2004
(212) 549-2566 or 2666

NEW YORK - In a letter sent today in response to a grand jury subpoena
issued by the Secret Service, the American Civil Liberties Union and the New
York Civil Liberties Union said they are representing a web hosting service
and administrators of an independent media website regarding the anonymous
posting of publicly available information about delegates to the Republican
National Convention.

The groups said the investigation is but the latest example of government
agencies using law enforcement powers to chill free speech and intimidate
protesters.

"This type of investigation is really a form of intimidation and a message
to activists that they will pay a price for speaking out," said ACLU
Associate Legal Director Ann Beeson. "The posting of publicly available
information about people who are in the news should not trigger an
investigation. Indeed, if the mere posting of the delegates' name is cause
for alarm, then the Secret Service should be investigating the many
Republican websites where the same kind of information is available."

Beeson added that the posting did not include anything remotely threatening,
but involved political speech fully protected by the First Amendment.
Indymedia.org is the website of the Independent Media Center, a collective
of independent media organizations and journalists.

The ACLU and NYCLU are also defending Calyx Internet Access, a web hosting
service for the Indymedia website. Last week, Calyx's president, Nicholas
Merrill, received a grand jury subpoena to turn over contact information for
Indymedia. Merrill said that he contacted the four men he knew of -- and the
ACLU -- upon receiving the subpoena, and the men agreed that Calyx could
provide their information because they had nothing to hide. In fact, the men
are not responsible for posting the delegate names, and it is not clear who
is, because Indymedia has an anonymous posting policy.

In its letter to the Secret Service today, the ACLU provided the e-mail
addresses of the four Indymedia administrators --- Matt Toups, Brian
Szymanski, Micah Anderson and one man who prefers not to be named
publicly -- and advised the agency that they are representing them in any
formal or informal questioning of them or Merrill.

In a statement issued today, Toups, a 22-year-old undergraduate at Carnegie
Mellon University, said: The right of an author to choose anonymity is an
important part of what Indymedia stands for because we work to create a safe
space for dissenting views. Unfortunately, the United States is becoming an
increasingly repressive and chilling environment for free speech, thanks to
government harassment like the recent attempts to question Indymedia and
other activist groups in New York for the Republican National Convention.

Beeson said she found it ironic that the Secret Service subpoena said that
the men were sought in connection with an investigation of voter
intimidation. "The only intimidation taking place here is the Secret Service
intimidating people who speak out against the government," she said.
Unfortunately, the Secret Service has a very recent history of preventing
Americans from exercising their First Amendment rights.

Last year, the ACLU filed a class-action lawsuit against the Secret Service
over the agency's practice of forcing activists into remote "protest zones"
during Bush administration events, while allowing pro-Bush supporters to
remain in close proximity. A judge dismissed the case after the agency
insisted that the practice was not a matter of policy and agreed that such a
policy would violate important free speech rights protected under the
Constitution. The ACLU is still investigating complaints of restrictions
against protesters.

In recent weeks, the ACLU and its affiliates around the country have
received complaints that law enforcement officials throughout the U.S. have
been monitoring activists they believe are planning to protest at major
national political events, including the Republican National Convention in
New York, which has already drawn hundreds of thousands of protesters.

In Missouri, the ACLU is defending three activists who were subpoenaed as
part of an investigation by the FBI's Joint Terrorism Task Force. The men,
who have no history of violent activity, were subpoenaed to appear before a
federal grand jury on July 29, which prevented them from traveling to Boston
to protest at the Democratic National Convention as they had planned. For
more on that story, go to
http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=16248&c=282

In addition to Beeson, the five men in today's case are represented by
Jameel Jaffer of the ACLU and Arthur Eisenberg, Legal Director of the NYCLU.

The Secret Service subpoena is online at:
http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=16330&c=206

The ACLU letter to the Secret Service is online at:

http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=16336&c=206

Statements from the web host and three of the Indymedia administrators are
online here:
Micah Anderson - http://www.aclu.org/FreeSpeech/FreeSpeech.cfm?ID=16338&c=86
Nicholas Merrill -
http://www.aclu.org/FreeSpeech/FreeSpeech.cfm?ID=16332&c=86
Brian Szymanski -
http://www.aclu.org/FreeSpeech/FreeSpeech.cfm?ID=16331&c=86
Matt Toups - http://www.aclu.org/FreeSpeech/FreeSpeech.cfm?ID=16334&c=86

Other statements:

http://nyc.indymedia.org/feature/display/107119/index.php
http://www.indymedia.org/or/2004/08/111732.shtml

Posted by jules_siegel at August 30, 2004 06:50 PM










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www.ctrl.org
DECLARATION & DISCLAIMER
==========
CTRL is a discussion & informational exchange list. Proselytizing propagandic
screeds are unwelcomed. Substance—not soap-boxing—please!   These are
sordid matters and 'conspiracy theory'—with its many half-truths, mis-
directions and outright frauds—is used politically by different groups with
major and minor effects spread throughout the spectrum of time and thought.
That being said, CTRLgives no endorsement to the validity of posts, and
always suggests to readers; be wary of what you read. CTRL gives no
credence to Holocaust denial and nazi's need not apply.

Let us please be civil and as always, Caveat Lector.
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