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-Caveat Lector- FBI Seizes news outlet's servers

From theregister, "The FBI yesterday seized a pair of UK servers used by Indymedia (http://www.indymedia.org), the independent newsgathering collective, after serving a subpoena in the US o­n Indymedia's hosting firm, Rackspace. Why or how remains unclear."  This is not the first assault o­n indymedia's technical infrastructure.   -- Space & Technology Editor

Feds seize Indymedia servers
By John Leyden (john.leyden at theregister.co.uk)
Published Friday 8th October 2004 18:44 GMT
Original URL: http://www.theregister.co.uk/2004/10/08/fbi_indymedia_raids/

 
The FBI yesterday seized a pair of UK servers used by Indymedia (http://www.indymedia.org), the independent newsgathering collective, after serving a subpoena in the US o­n Indymedia's hosting firm, Rackspace. Why or how remains unclear.
Rackspace UK complied with a legal order and handed over hard disks without first notifying Indymedia. It's unclear if the raid was executed under extra-territorial provisions of US legislation or the UK's Regulation of Investigatory Powers Act (RIPA). Provisions of RIPA make it a criminal offence to discuss warrants, so Rackspace would not be able to discuss the action with its customer Indymedia, or with the media.
 
Rackspace US has issued a statement which says that the investigation "did not arise in the United States", but which sheds very little light o­n the whys and the wherefores.
In the present matter regarding Indymedia, Rackspace Managed Hosting, a US based company with offices in London, is acting in compliance with a court order pursuant to a Mutual Legal Assistance Treaty (MLAT), which establishes procedures for countries to assist each other in investigations such as international terrorism, kidnapping and money laundering. Rackspace responded to a Commissionerâs subpoena, duly issued under Title 28, United States Code, Section 1782 in an investigation that did not arise in the United States. Rackspace is acting as a good corporate citizen and is cooperating with international law enforcement authorities. The court prohibits Rackspace from commenting further o­n this matter."

Dai Davis, an IT lawyer at London law firm Nabarro Nathanson, said Rackspace's statement fails to clarify the legal basis of the raid.
 
"If it was a RIPA warrant, Rackspace can't refer to it. Most RIPA warrants can be issued by the Home Secretary," he said. "The FBI has no jurisdiction in the UK and would need to act in concert with UK authorities, such as the security services or police," he added.
 
Net effect

The seizure of Indymedia's servers affects more than 30 Indymedia sites worldwide. The list of affected local media collectives includes Uruguay, Andorra, Poland, Nice, several French groups, Euskal Herria (Basque Country), multiple Belgian sites, Serbia, Portugal, the Czech Republic, Italy, Brazil, the UK, part of the Germany site, and the global Indymedia Radio site. o­ne of the servers taken down at Rackspace provided streaming radio to several radio stations and served files related to the Blag Linux distribution, among other purposes.
 
While Indymedia is not exactly sure what prompted the action, the group does have o­ne strong idea. A French Indymedia site last month posted photos of what it believed to be undercover Swiss police officers photographing protesters at a French event. Indymedia received a request from the FBI to pull those photos down, as they "revealed personal information" about the undercover police, said Indymedia press officer Hep Sano.
"They never clarified what they meant by personal information," she said. "The photos were taken o­n a public street."
Indymedia believes the photos were eventually pulled, but ironically cannot check o­n this as it no longer has access to the servers or hard disks. The group has not even been notified if the FBI is even involved in this seizure or whether or not the servers or just hard disks were confiscated.
 
"We are still trying to work with the EFF (Electronic Frontier Foundation) to figure out who is charging us and with what crime," said Sano. The EFF did not immediately return a call seeking comment.
 
Indymedia said yesterday's raids were part of a wider pattern of "attacks" against independent media outlets by the US Federal Government authorities over recent months. Last month the Federal Communications Commission shut down community radio stations around the US. Two weeks ago the FBI requested that Indymedia takes down a post o­n the Nantes Independent Media Centre that had a photo of some undercover Swiss police. In August the Secret Service used a subpoena in an "attempt to disrupt" the New York City's Independent Media Centre before last month's Republican National Convention in the city.
 
Indymedia (AKA Independent Media Center) was set up in 1999 to provide grassroots coverage of the World Trade Organisation (WTO) protests in Seattle. It has continued to report o­n controversial subjects often under-reported in the mainstream media since then; but this week has marked the most controversial chapter in its operations.
www.ctrl.org DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. Substanceânot soap-boxingâplease! These are sordid matters and 'conspiracy theory'âwith its many half-truths, mis- directions and outright fraudsâis 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. ======================================================================== Archives Available at:

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