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Dead Constitution
See other Dead Constitution Articles

Title: Wikileaks fights on after court's shutdown attempt
Source: Raw Story
URL Source: http://rawstory.com/news/2008/Wikil ... fter_courts_shutdown_0219.html
Published: Feb 19, 2008
Author: Nick Juliano
Post Date: 2008-02-19 18:31:36 by robin
Keywords: None
Views: 101
Comments: 3

It may not be at Wikileaks.org anymore, but the whistle-blowing Web site that prides itself in exposing secrets is still publishing and vows to fight a court's attempt to shut it down.

While Wikileaks will return to court Feb. 29, the ruling sets a "disturbing precedent" that could make it easier for judges or lawmakers to censor online content, says Steve Aftergood, who researches government secrecy, told RAW STORY.

"It will make it easier for a court to do the same thing in the future and that's regrettable," said Aftergood, head of the Federation of American Scientists' Project on Government Secrecy. Aftergood runs a blog for the organization, where he frequently posts internal government documents.

A federal judge in California ordered Dynadot, which hosted the wikileaks.org domain name, to shut down access to the Web address. But Aftergood notes Wikileaks content can still be accessed through its Internet Protocol address, http://88.80.13.160/wiki/Wikileaks.

"The domain [Wikileaks.org] no longer points to where the files are still hosted on the Web, but they are still on the Web," Aftergood says. "Their strategy is redundancy. If one site is blocked another pops up to circumvent the barrier, and it's been a fairly successful strategy up to this point."

The court case involves a lawsuit from a Swiss banking group based in the Caymen Islands. Documents posted to Wikileaks implicated the bank, Julius Baer, in a money laundering scheme.

"Wiki leaks is not defying the government of China or Iran, they are allegedly violating banking secrecy laws, which is to my mind a more questionable kind of action," Aftergood said. He has more thoughts on his blog.

"It is too early to say who has won or lost more in this confrontation. Wikileaks has demonstrated the willingness and the ability to sustain a robust publication capability in defiance of legal authority, though it may have lost its domain name for the foreseeable future," he writes. "Bank Julius Baer, whom most people would have never heard of, will now be permanently linked in many minds with vague allegations of financial misconduct."

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#1. To: robin (#0) (Edited)

"Wiki leaks is not defying the government of China or Iran, they are allegedly violating banking secrecy laws, which is to my mind a more questionable kind of action," Aftergood said.

U.S. banking secrecy laws, or Swiss banking secrecy laws?

It would be very disturbing if a U.S. judge can issue this kind of a gag order on the basis of foreign law.

To reason, indeed, he was not in the habit of attending. His mode of arguing, if it is to be so called, was one not uncommon among dull and stubborn persons, who are accustomed to be surrounded by their inferiors. He asserted a proposition; and, as often as wiser people ventured respectfully to show that it was erroneous, he asserted it again, in exactly the same words, and conceived that, by doing so, he at once disposed of all objections. - Macaulay, "History of England," Vol. 1, Chapter 6, on James II.

aristeides  posted on  2008-02-19   18:59:08 ET  Reply   Trace   Private Reply  


#2. To: aristeides (#1)

Those documents are whistleblower records that reveal “trust structures allegedly used for tax evasion, asset hiding and money laundering by the ultra rich,” according to Wikileak’s Julian Assange, who protested what he said was an “unconstitutional” blockage of the wikileaks domain name.

Wikileaks is intended to provide “an uncensorable system for untraceable mass document leaking and public analysis,” according to the web site, and its often controversial contents have been mirrored by dozens of other sites around the world, which remain operational.

“Anti-censorship servers operating in foreign jurisdictions have kicked in successfully,” wrote Mr. Assange after the court issued its order, “but ‘wikileaks.org’ has been forcibly deleted from the domain name system.”

Judge Jeffrey S. White of the Northern District of California scheduled a hearing on the matter for February 29.

It is too early to say who has won or lost more in this confrontation. Wikileaks has demonstrated the willingness and the ability to sustain a robust publication capability in defiance of legal authority, though it may have lost its domain name for the foreseeable future. Bank Julius Baer, whom most people would have never heard of, will now be permanently linked in many minds with vague allegations of financial misconduct.

from the embedded link

It's a US judge, so one would assume a US law. But that may not be a safe assumption. Julius Baer is a Swiss citizen.

And Congratulations are in order to Julius Baer for distinguishing himself this way.

'He will make Cheney look like Gandhi.'
U.S. conservative pundit Pat Buchanan, imagining presidential hopeful John McCain in the White House.

robin  posted on  2008-02-19   19:05:42 ET  Reply   Trace   Private Reply  


#3. To: robin (#0)

Their strategy is redundancy.

Same as Ellsberg's strategy with the Pentagon Papers. He foresaw that a restraining order could shut down an individual newspaper, so he released them to a number of papers.


I've already said too much.

MUDDOG  posted on  2008-02-19   19:18:23 ET  Reply   Trace   Private Reply  


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