---

http://nyc.indymedia.org/feature/display/107119/index.php
...the Department of Justice has opened a criminal investigation and
is demanding records concerning anti-RNC deleagte posts to this
website. Specifically, the DOJ is seeking information on lists of
2,200 RNC delegate names posted to our Open Newswire....
...the Department of Justice has opened a criminal investigation and is
demanding records concerning anti-RNC deleagte posts to this
website. Specifically, the DOJ is seeking information on lists of
2,200 RNC delegate names posted to our Open Newswire...

And also:
http://www.indymedia.org/or/2004/08/111732.shtml

---

>  -----Original Message-----
> From:         Emily Whitfield 
> Sent: Monday, August 30, 2004 11:38 AM
> To:   '[EMAIL PROTECTED]'
> Subject:      ACLU Defends Indymedia in Secret Service Investigation
>
> Declan, I think you and Politech readers will find this case of great interest.  The 
> ACLU is defending Indymedia's web host and four Indymedia administrators who are the 
> target of a Secret Service investigation into the posting of RNC delegate info on 
> Indymedia.org.

>
> Our news release follows.
>
> Emily Whitfield
> ACLU Media Relations Director
>
>
> 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>
>
> 
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