Feds Seize Indymedia Servers
By John Leyden
The Register U.K.
Friday 08 October 2004
The FBI yesterday seized a pair of UK servers used by Indymedia , 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 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."
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.
Rackspace appeared to confirm that the photos were an issue with the FBI.
"I apologize for the delay in responding. I have been trying to get a hold of the FBI agent I
spoke with before, but haven't been able to at this time," wrote a Rackspace official to Indymedia
earlier this week, according to Sano. "As the request originated with the Swiss police, I can only
speculate on what they saw or what they were concerned about. However, at this time, I have received no
further communications from either the FBI or the Swiss authorities, so I feel like we can close this this
issue."
Still, Indymedia has never sorted out the matter with the FBI.
"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
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.
In addition, an article submitted through Indymedia's Open Newswire service identifying the names of
delegates to the Republican Convention and where they were staying in New York reportedly led to an
investigation by the FBI. 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.
Speculation (on Slashdot) links yesterday's raids with this investigation. This remains unconfirmed but
Rackspace's comment that this is to do with "an investigation that did not arise in the United
States" doesn't fit with this theory. Indymedia also believes that the Republican Convention problems
have passed and are not an issue in this week's server raids.
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.
Go to Original
FBI Seizes Indymedia Servers
By Online Staff
Friday 08 October 2004
The FBI has issued an order to hosting provider Rackspace in the US, ordering it
to turn over two of the servers hosting the Independent Media Centre's websites in the
UK, a statement from the group says.
Rackspace has offices in the US and the UK. Independent Media Center, which is
better known as Indymedia, was set up in 1999 to provide grassroots coverage of the
World Trade Organisation (WTO) protests in Seattle.
Rackspace complied with the FBI order, without first notifying Indymedia, and
turned over Indymedia's server in the UK. This affects over 20 Indymedia sites
worldwide, the group said.
Indymedia said it did not know why the order had been issued as it was issued to Rackspace.
Rackspace told some of the group's volunteers "they cannot provide Indymedia with any
information regarding the order." ISPs have received gag orders in similar situations which
prevent them from updating the parties involved on what is happening.
Indymedia said a second server was taken down at Rackspace. This provided
streaming radio to several radio stations, BLAG (a Linux distribution), and a handful
of miscellanous things.
In August the US Secret Service used a subpoena in an attempt to disrupt the New
York city Independent Media Center before the Republican National Convention by trying
to get IP logs from an ISP in the US and the Netherlands.
Last month the US Federal Communications Commission shut down community radio
stations around the US. Two weeks ago the FBI asked Indymedia to remove a post on the
Nantes IMC that had a photo of some undercover Swiss police and IMC volunteers in
Seattle were visited by the FBI on the same issue.
Indymedia said the list of local media collectives affected included Amazonia,
Uruguay, Andorra, Poland, Western Massachusetts, Nice, Nantes, Lilles, Marseille (all
France), Euskal Herria (Basque Country), Liege, East and West Vlaanderen, Antwerpen
(all Belgium), Belgrade, Portugal, Prague, Galiza, Italy, Brazil, UK, part of the
Germany site, and the global Indymedia Radio site.
Rackspace Statement Regarding Indymedia
By Annalie Drusch
Director, Corporate Communications
Rackspace Managed Hosting
Friday 08 October 2004
In the present matter regarding Indymedia, Rackspace Managed Hosting, a U.S. 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 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.
For additional information on the MLAT, please visit findlaw.com.
Go to Original
'More Intimidation Than Crime-Busting'
The International Federation of Journalists | Statement
Friday 08 August 2004
The International Federation of Journalists (IFJ), the global organisation
representing over 500,000 journalists worldwide, today called for an investigation
into the action by police in Britain in co-operation with other agencies that led to
the temporary closure of 21 of the more than 140 Indymedia web sites worldwide.
"We have witnessed an intolerable and intrusive international police operation against a network
specialising in independent journalism," said Aidan White IFJ General Secretary. "The way this
has been done smacks more of intimidation of legitimate journalistic inquiry than crime-busting."
The IFJ believes that the authorities may have abused their powers in carrying out
the action, which is said to have been carried out at the request of the Federal
Bureau of Investigation in the United States.
Yesterday police seized two web server computers in London used by the Indymedia
network. The servers were located on the premises of the Rackspace company, which is
now not giving out any information.
Initial reports suggested FBI officers themselves had seized the servers. The
seizure follows visits by the FBI to Indymedia personnel in the US inquiring about the
publication on the French site Indymedia Nantes of photographs of Swiss undercover
police photographing protestors. The photographs remain available on other websites.
Indymedia sites, which provide challenging and independent reporting, particularly
of political and social justice issues, are open forums where any member of the public
can publish their comments.
The IFJ believes the seizure may be linked to a September 30 court case in San
Jose California, in which Indymedia San Francisco and two students at Swarthmore
College in Pennsylvania successfully opposed an application by Diebold Election
Systems Inc to remove documents claiming to reveal flaws in the design of electronic
voting machines which are due to be used widely in the forthcoming US Presidential
election.
Although Indymedia UK was back in operation within hours, several of the other 20
sites affected remain silenced today.
"The seizing of computers and the high profile nature of this incident suggests that someone
wanted to stifle these independent voices in journalism," said Aidan White. "We need a full
investigation into why this action took place, who took part and who authorised it.â
