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-Caveat Lector-

IndyMedia Gets Its Servers Back

By Wendy M. Grossman

October 14, 2004,Wired News

http://www.wired.com/news/technology/0,1282,65338,00.html?tw=newsletter_topstories_html

Less than a week after the U.S.-directed London seizure of
two of its servers, the collective news organization
IndyMedia said Wednesday that the devices have been returned
to its service provider, Rackspace.

However, the 20 or so sites that these servers host will
remain closed to the public until the organization can
inspect the disks and ensure their contents have not been
altered.

Both IndyMedia and the Electronic Frontier Foundation, which
is providing the collective with legal representation, say
it's still unclear exactly what happened, who ordered the
seizures or on what basis they were ordered. The best guess
insiders offer, because of the sequence of events, is that
the seizure was provoked by a posting that originated on
IndyMedia's Swiss site, and that the seizure request
therefore originated with Swiss police.

The posting in question appeared on IndyMedia's Swiss site
about Sept. 7, and included several photographs of two men
that accompanying paragraphs in French claimed were
undercover Swiss police photographing G8 protesters. The
posting was picked up and reposted on a second IndyMedia site
based in Nantes, France. These sites are autonomous, like the
rest of IndyMedia's 50 sites.

According to Devin Theriot-Orr, a Seattle-based IndyMedia
volunteer and an attorney with Edwards, Sieh, Smith, and
Goodfriend, around Sept. 22 IndyMedia volunteers received e-
mail from Rackspace requesting the removal of the posting and
alleging that it contained personal information about and
threats against the two officers. The posting was edited to
remove a comment about revenge being a dish best served cold
and to blank out the officers' faces.

On Oct. 1, Theriot-Orr received a visit from two FBI agents,
apparently on behalf of the Swiss government. "They came in
and asked questions about the post and I clarified it with
them. It's not illegal to take pictures of officers taking
pictures of us and posting them, and they agreed and said it
was not a U.S. investigation, but a Swiss matter, and they
were acting ... on behalf of the Swiss government."

The Swiss government, they told Theriot-Orr, was not
concerned about the photos, but wanted personal identifying
information removed. "I said, 'OK, I have no power or control
over the French IndyMedia center, since each one is
autonomous, but I will pass it on.'" They left, and he
assumed the matter was resolved. A week later, the two
servers went offline.

Rackspace's press statement says little more than the company
told IndyMedia at the time. "Rackspace Managed Hosting, a
U.S.-based company with offices in London, is acting in
compliance with a court order pursuant to 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 Commissioner's 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."

Both Theriot-Orr and the EFF's counsel, Kevin Bankston,
stressed that no one knows yet what actually happened.

"There are a lot of unanswered questions," said Bankston,
"but we are going to take legal actions to get them answered.
The immediate problem is solved, but we are trying to figure
out what the agency was and which the issuing court was."

Even the FBI agents he's talked to seem unsure. "We think
it's clearly illegal, but before we can proceed we need more
facts," he said. Once it's identified the court, the EFF's
first move will be to ask for the subpoena to be unsealed.

Theriot-Orr compares the seizure to shutting down 20 printing
presses, and said, "I'm glad it's happening to us, in that we
are prepared to fight it, and we have access to the resources
to fight this and make it public."

_______________________________________________________

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