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Web Server Takedown Called Speech Threat 
47 minutes ago   Technology - AP 
 

By ELLEN SIMON, AP Technology Writer 

Devin Theriot-Orr, a member a feisty group of
reporter-activists called Indymedia, was
surprised when two FBI (news - web sites) agents
showed up at his Seattle law office, saying the
visit was a "courtesy call" on behalf of Swiss
authorities. 


AP Photo 
 



 
 
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Theriot-Orr was even more surprised a week later
when more than 20 Indymedia Web sites were
knocked offline as the computer servers that
hosted them were seized in Britain. 


The Independent Media Center, more commonly known
as Indymedia, says the seizure is tantamount to
censorship, and civil libertarians agree. The
Internet is a publishing medium just like a
printing press, they argue, and governments have
no right to remove Web sites. 


The case, which involves an Internet company
based in Texas, photos of undercover Swiss police
officers and a request from an Italian prosecutor
investigating anarchists, raises questions about
the circumstances under which Internet companies
can be compelled to turn over data. 


"The implications are profound," said Barry
Steinhardt of the American Civil Liberties Union
(news - web sites), calling the Indymedia
activists "classic dissenters" and likening the
case to "seizing a printing press or shutting
down a radio transmitter." 


"It smells to high heaven," he said. 


Internet providers in the United States routinely
remain silent when ordered by authorities to turn
over data, though actual seizures of their
servers is rare. 


The Oct. 7 seizure involves a particularly vocal
group � Indymedia activists work in 140
collectives around the world from the Czech
Republic to Uruguay to western Massachusetts and
their sites get about 18 million page views a
month _and generated intense interest in Europe,
including questioning in Britain's House of
Commons. 


The two computers were seized from the London
office of Texas-based Rackspace Managed Hosting,
and while they were returned Oct. 12 and all the
sites are now back up, some that didn't have back
up are missing posts and photos. 


The governments involved did not provide The
Associated Press with a clear picture of what was
sought or which country initiated the action. 


Richard Allan, a Liberal Democrat, asked in
Britain's Parliament last week whether the Home
Office, which is responsible for domestic
security, had ordered the seizure. 


Home Office spokeswoman Caroline Flint said, "I
can confirm that no UK law enforcement agendas
were involved in the matter referred to." 


On Friday, a motion was filed in San Antonio
federal court to unseal the original order in the
case. 


"The significance of this is that apparently, a
foreign government, based on a secret process,
can have the U.S. government silence independent
news sources without ever having to answer to the
American people about how that kind of restraint
could happen," said Kevin Bankston, a lawyer for
the Electronic Frontier Foundation, which drafted
the motion. "Every press organization should be
asking, 'Am I next?'" 


The FBI issued a statement saying that, "at the
request of a foreign law enforcement agency," it
assisted in serving Rackspace with a U.S.
subpoena for Indymedia records. "Rackspace
located the Indymedia records on servers in the
United Kingdom. A brief interruption of
Indymedia's Internet service resulted when
Rackspace copied the subpoenaed records from
their servers. There is no FBI or U.S.
investigation into Indymedia." 


Said one FBI source, who spoke on condition of
anonymity, "There were two different requests
from two different countries that are in no way
connected, except that both pertain to
Indymedia." The requests to handle the cases came
through the countries' embassies, to the
Department of Justice (news - web sites), then to
the FBI, he said. 


"The FBI does not have a dog in this fight," the
official added. 

   



Bologna prosecutor Marina Plazzi told the AP that
she had requested information about
Indymedia-posted material from the United States.
She stressed that her request did not seek "the
seizure of servers or hard disks." Plazzi is
investigating an anarchist group that has made
bomb threats against European Commission (news -
web sites) President Romano Prodi. 

Bologna prosecutors said in a statement that they
made a request to U.S. authorities for "specific
and targeted information about (the) Indymedia
provider. This request concerns neither the
management nor the content of the Web Site." 

"There was no reply to this request," the
statement said. "Any other information is bound
to secrecy." 

Swiss federal justice authorities referred
questions to officials at the state level in
Geneva but those authorities did not respond. 

It seems that photos posted on a French Indymedia
site of two undercover police officers posing as
protesters at an anti-globalization rally are at
the crux of the Swiss case. Comments posted under
the photos said they were taken because police
had photographed protesters at past rallies.
Swiss police have also posted images of
protesters on police Web sites, labeling them
"troublemakers" and asking the public for
information about them. 

In late September, Rackspace sent Indymedia an
FBI notice about the photos, which were on an
Indymedia site operated out of Nantes, France. 

Rackspace sent the note to an Indymedia
volunteer, who passed on the request to the
Indymedia collective in Nantes. The Nantes
collective then obscured the faces of the two
Swiss officers, covering them with photos of the
characters Mulder and Scully from the show "The X
Files," he said. 

Theriot-Orr said the F.B.I agents who later
visited him asked about the Nantes Indymedia
operation that had posted the photos of the Swiss
police officers. 

A statement on Indymedia sites attributed to
Rackspace said the company had complied with a
"court order pursuant to a Mutual Legal
Assistance Treaty" that lets countries assist
each other "in investigations such as
international terrorism, kidnapping and money
laundering." 

"Rackspace is acting as a good corporate
citizen," the statement added. "The court
prohibits Rackspace from commenting further on
this matter." Rackspace spokeswoman Annalie
Drusch refused further comment. 

"If it was all about those photographs, whatever
they tried to do backfired," Indymedia volunteer
David Meieran in Pittsburgh said of authorities.
"Now they're mirrored on 300 Web sites around the
world." 

"It's like trying to grab water," said Meieran.
"The Internet is all over the place. You can't
reach in and try to grab a photograph and expect
it's not going to be put up anymore." 

___ 

AP reporters Jonathan Fowler in Geneva, Marta
Falconi in Rome and Ed Johnson in London
contributed to this report. 

http://story.news.yahoo.com/news?tmpl=story&cid=562&ncid=738&e=2&u=/ap/20041026/ap_on_hi_te/web_server_seizure




                
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