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U.S. Court Shuts Down Whistleblower Site
Wikileaks.org, as it is known, was cut off from the internet following a California court ruling, the site says. The case was brought by a Swiss bank after "several hundred" documents were posted about its offshore activities.Other versions of the pages, hosted in countries such as Belgium and India, can still be accessed.
However, the main site was taken offline after the court ordered that Dynadot, which controls the site's domain name, should remove all traces of wikileak from its servers.
Wikileaks has been the source for a number of revelatory documents, including the U.S. military's manual for Gitmo and the rules of engagement for U.S. troops in Iraq.
But see it for yourself, wikileaks.org is indeed out of commission. The Belgian wikileaks, however, is still up.
As for why this California judge ordered the whole site taken down over a few documents, that's not clear. As the BBC reports, "The case was brought by lawyers working for the Swiss banking group Julius Baer. It concerned several documents posted on the site which allegedly reveal that the bank was involved with money laundering and tax evasion." Why didn't the judge just didn't order the documents taken down instead of the whole site? We hope to get some expert guidance on the question.
Update: Just spoke with Steve Aftergood of the Project on Government Secrecy, who offered a clue. "My hunch is that the action was dictated by the practical options. [The judge and Julius Baer] don't know who wikileaks.org is or who the responsible parties are upon whom a court order could be served. What they did know was the U.S. based internet service provider." So they got the ISP to shut the site down. "If they had known who to serve the order to – who represents Wikileaks --, then they might have chosen a more targeted action." Nevertheless, he thought the judge's move was "extraordinary," based as it was on the bank's contention that these were legally protected documents.
A large number of mirror sites have sprung up to counter the judge's move -- sites mirroring not only wikileaks, but also the Julius Baer documents at issue.
"Wikileaks had boasted that they were impervious to censorship," Aftergood told me. "This is the most serious test they've faced in their year-long existence. They may lose their current website, but dozens of mirrors around the world will endure. And I expect they will regroup."
Update: Here's the judge's order. And here's the motion for injunction filed by Julius Baer.
The court documents show that no lawyer has stepped forward to defend Wikileaks in the case, and that Wikileaks did not respond to Julius Baer's legal filings, including the original complaint, which was filed February 8th.
Update: The link to the judge's order has been fixed. Thanks to commenter rincewind below.
Update: Wired has a good tick-tock of the case -- and an explanation for why Wikileaks does not have a lawyer of record in the case and hasn't yet contested the suit in court. Also, Wikileaks has posted some of its correspondence with lawyers for Julius Baer.













republican judge
February 18, 2008 2:11 PM | Reply | Permalink
Classic knee-jerk reaction.
This same Bush appointed Federal Judge determined that "is the first to say that groups alleging global warming have a right to sue." Yeah, that guy.
http://www.breitbart.com/article.php?id=D8C6HGLO0&show_article=1
"This is the first decision in the country to say that climate change causes sufficient injury to give a plaintiff standing, to open the courthouse door," said Ronald Shems, a Vermont attorney representing Friends of the Earth."
Maybe not your typical whack-job, activist, conservative Republican appointed judge.
How about you dig just a little deeper before sharing your wisdom?
February 18, 2008 3:19 PM | Reply | Permalink
So what? Obviously environmental groups have the right to sue, just as any individual or group has the right to sue against harm done to public and common interest. That was formally established over a century ago. If he had ruled against that he'd be on the losing side and would forever be tarred with the left and middle
That doesn't negate him being very Republican on high finance, legitimizing predatory practices and even money laundering and tax evasion. And he's apparently anti-free speech and journalism when they collide with the finance industry.
Sounds like a Bush appointed Republican judge to me.
February 18, 2008 9:19 PM | Reply | Permalink
Try again.
Did you read this sentence? "This is the first decision in the country to say that climate change causes sufficient injury to give a plaintiff standing…"
The FIRST decision in the nation. Hey is a Republican appointee, and he may be far less qualified that others available at the time but not as 'politically connected' as he is and was. But, seriously: judge him by the body of his work, and the degree to which his decisions accurately reflect the law, and the degree to which they survive the appellate process.
Offering such indefensible, instantaneous analysis based upon a single matter with which, in principle, you disagree—when you have not read the case itself—makes you, and the simpleton a couple of steps up above you, look foolish.
February 19, 2008 10:35 PM | Reply | Permalink
I'll have to check, but I am pretty suer the First Amendment has a clause in it saying that it would not apply if banking interests are threatened.
February 18, 2008 2:18 PM | Reply | Permalink
This is hilarious!
I'll have to check, but I am pretty suer the First Amendment has a clause in it saying that it would not apply if banking interests are threatened.
Posted by sivapith
February 18, 2008 7:34 PM | Reply | Permalink
This reminds me of a case in Austin in 1990. Lloyd Blankenship of Steve Jackson Games had a BBS on which someone had posted a text document containing information about the emergency 911 system. But all it contained were administrative contacts and the document was already available to the public by request directly from BellSouth. Anyway, the secret service raided Steve Jackson's office and Blankenship's home (pulled him out of bed at gunpoint, if I recall) with an unsigned search warrant, lied about the reason behind the raid, confiscated everything and held it for months, almost driving them out of business.
http://en.wikipedia.org/wiki/Steve_Jackson_Games%2C_Inc._v._United_States_Secret_Service#The_raid
The aftermath of the raid--besides a $300,000 judgement against the secret service--was the creation of the Electronic Frontier Foundation, heroes in the ATT warrantless wiretap story (and others). I predict that shutting down wikileaks will just cause 20 new wikileak sites to pop up around the world.
February 18, 2008 2:27 PM | Reply | Permalink
I hope you are right about 20 new wikileaks popping up around the world. This kind of heavy-handed suppression of freedom must be exposed and countered.
February 18, 2008 2:32 PM | Reply | Permalink
I remember reading about that in Bruce Sterling's book, "The Hacker Crackdown." A very messy affair.
February 18, 2008 2:53 PM | Reply | Permalink
Land of the free, home of the brave.
February 18, 2008 2:31 PM | Reply | Permalink
Why don't Republicans rail against this kind of activist judge? oh yeah, business interests are involved.
February 18, 2008 2:46 PM | Reply | Permalink
Hey Judge - the Horese ia already out of the barn - no use in closing the doors now.
February 18, 2008 2:49 PM | Reply | Permalink
Something smells, and it smells like... Money.
Wonder if the judge will be taking any expensive vacations this year?
;-)
February 18, 2008 2:53 PM | Reply | Permalink
Is this a Bush appointed judge?
February 18, 2008 2:54 PM | Reply | Permalink
Wikileaks is one of the best things that has happened for investigative journalism in years and years. This is an outrage.
February 18, 2008 2:59 PM | Reply | Permalink
Judge Jeffrey S White (ND-CA) ordered wikileaks.org's DNS registrar (Dynadot) to remove all records of wikileaks' DNS lookup, making browsers "blind" to http://www.wikileaks.org -- but not to their IP address:
http://88.80.13.160/wiki/Wikileaks (h/t to DocGonzo at dKos)
The injunction (PDF warning) also contains language that could be read to prohibit ANY person from "accessing" wikileaks.org.
February 18, 2008 3:01 PM | Reply | Permalink
according to Boingboing.net, the only thing taken down at the moment is the DNS information.
The site itself is still up and running at their IP address:
http://88.80.13.160/wiki/Wikileaks
According to their quote from Daily Kos, Wikileaks was only notified by email and was not represented at the hearing.
ref:
http://www.boingboing.net/2008/02/18/california-judge-shu.html
February 18, 2008 3:05 PM | Reply | Permalink
Looks like he is a Bush appointee.
http://www.fjc.gov/servlet/tGetInfo?jid=2973
February 18, 2008 3:05 PM | Reply | Permalink
Silly me. I did not realize I lived in mainland CHINA.
February 18, 2008 3:15 PM | Reply | Permalink
Hang on. Looking at the PACER web site, I don't see any order that wikileaks be shut down. I see an order that certain content be removed.
February 18, 2008 3:18 PM | Reply | Permalink
The whistleblower site is new to me, but is yet another reason why corporations and Republicans on the Federal Communications Commission are trying so damned hard to turn the internet over to the telecom industries.
But, on the other hand, we've lately seen Sen. Rockerfeller (D.), reveal his true colors and vote to grant immunity to the telecom industry (having before that putting up a front that he was opposed to it).
You don't have to be a blind conservative not to see it, just an ignorant one to deny it.
February 18, 2008 3:19 PM | Reply | Permalink
Did the bank or the judge intend to publicize this information? Even if they were in a hurry what was done seems the best possible way to ensure that the information never disappears from the net. I suppose it is just as well they haven't learned.
February 18, 2008 3:20 PM | Reply | Permalink
Thanks!
your link works perfectly and the site goes into detail about what has happened to them -- also gives alternative addresses.
February 18, 2008 3:20 PM | Reply | Permalink
You can still find what has already been posted on Wikileaks on the internet archive (way back machine at www.web.archive.org) which is a pretty sweet resource to find pages which have been changed, deleted or censored). not sure how complete it is, but it's a start
http://web.archive.org/web/20070114162346/http://www.wikileaks.org/index.html
February 18, 2008 3:22 PM | Reply | Permalink
I don't know the size of the content, but I bet that it is being crawled and captured as we speak, for those whom have not heard of the site, or do not frequent it, the judges decision showed a less than realistic understanding of the way that the web works.
February 18, 2008 3:23 PM | Reply | Permalink
I wasn't a fan but see this as an initial threat on the part of the bank to litigate non-complying parties into actions, but that is not how the web works, tomorrow the site will be back, and the web will continue to outpace the bank's ability to litigate against it.
I imagine this is a websites dream come true, free advertisement where the bank is the villian, imagine that?
I wonder if the bank has considered the PR implications of this move or if the decision was made in a small closed group?
February 18, 2008 3:33 PM | Reply | Permalink
The order in your update is an "Order to Seal Documents" issued on the same day (last Friday) as the Permanent Injunction order issued against Dynadot to remove wikileaks.org's DNS records. See the injunction order (PDF) here.
February 18, 2008 3:34 PM | Reply | Permalink
After reviewing the order, it is clear that the injunction was issued by stipulation and it only applies to Dynadot the hosting provider. Dynadot just rolled over on this and agreed to shut wikileaks down. The court, at least in the posted order, made no orders against wikileaks.
February 18, 2008 3:41 PM | Reply | Permalink
This is absolutely ridiculous and proof that net neutrality is a major issue that needs to be worked on. Censorship on the internet is something that goes completely against the world that the internet is.
February 18, 2008 3:47 PM | Reply | Permalink
They think that they can just shut the website down? They're not very good at the internet.
February 18, 2008 4:00 PM | Reply | Permalink
BoingBoing.net reports that the site is still alive via it's IP address. The court order only caused the removal of the DNS entry.
You can still access the site directly at it's existing IP address: 88.80.13.160
Cufford
February 18, 2008 4:07 PM | Reply | Permalink
Wikileaks has its own page about the injunction at http://88.80.13.160/wiki/Wikileaks.org_under_injunction.
February 18, 2008 4:15 PM | Reply | Permalink
behold the all-powerful powers of the innernets
some puny judge thought he could just take the stuff out of the tubes, and hey presto, the stuff self-replicates and appears ALL OVER the tubes
and the stuff gets lots of FREE PUBLICITY, and gets people pissed at their government (after they stop laughing at their government) which adds further free publicity
actually, I have to thank the judge. Until he issued his ill-advised and incompetent order, I had not realized the value of wikileaks
way to go bushbot judge, disaster accomplished
don't ya just love the innertubes
February 18, 2008 4:29 PM | Reply | Permalink
The Law of Unintended Consequences.
♪♪♪
February 18, 2008 10:24 PM | Reply | Permalink
Heh. My reaction to judge Jeffrey White's absurd ruling provoked me to making a $150 donation to Wikileaks. For that donation I get a copy of Daniel Ellsberg's book, "Secrets: Memoirs of the Vietnam War and the Pentagon Papers". Figgered it was the least I could do. --jzap
http://wikileaks.be/wiki/Wikileaks:Donate
February 18, 2008 4:55 PM | Reply | Permalink
I have d/l'd numerous documents from that marvelous site, the Gitmo manual and a couple of others. Hope they keep it operating.
February 18, 2008 5:28 PM | Reply | Permalink
In fairness to Wikileaks, you should mention Wikileaks' own explanation for its lack of appearance at the hearing:
From its site:
Speculation by Steve Aftergood notwithstanding, Wikileaks first party explanation paints the situation in a significantly different light.
February 18, 2008 7:11 PM | Reply | Permalink
LOL!! I think the below sums it up,
ttp://cryptome.org/wikileaks-bjb.zip
It is already "zipped up and available" all over the web, I have to hand the attorneys some blame in this as well as the bank itself.
Maybe the judge was irritated by the motion and gave them what they asked for, after of course reviewing the documents.
Laughing....
If this is the way the wanted to keep the information confidential then making this decision on a federal holiday and slow news day was ......
Posted by free patriot
behold the all-powerful powers of the innernets
some puny judge thought he could just take the stuff out of the tubes, and hey presto, the stuff self-replicates and appears ALL OVER the tubes
and the stuff gets lots of FREE PUBLICITY, and gets people pissed at their government (after they stop laughing at their government) which adds further free publicity
actually, I have to thank the judge. Until he issued his ill-advised and incompetent order, I had not realized the value of wikileaks
way to go bushbot judge, disaster accomplished
don't ya just love the innertubes
February 18, 2008 7:31 PM | Reply | Permalink
The publicity for wikileaks as a hub for information is invaluable.
CIA agents have provided the EU with rendition-related evidence. The public should encourage wikileaks to openly request all war crimes-related documentation that will support prosecution of US personnel related to: War crimes, prisoner abuse, rendition, kidnapping, and violations of the laws of war.
If Congress will not openly impose consequences, then let's find other sources willing to provide alleged war crimes evidence available from contractors, US government officials.
Or is the court arguing that war crimes evidence can be suppressed because it is a "trade secret" or "copyrighted"? I would like to see that defense before Nuremberg: "We can't prosecute for the Holocaust because Hitler's lawyers said the evidence of the mass killings was a trade secret."
If the courts will not take action, enough evidence might spark a public debate to openly discuss new systems of governance over the United States. What other evidence US government officials have related to alleged war crimes remains to be understood. Arguably, those papers related to US government breaches of Geneva, or the lawyers' working papers related to rendition cannot be lawfully suppressed or hidden as they are evidence of international war crimes. The question the war crimes tribunal might ask: "Did someone have evidence they refused to provide to wikileaks?"
February 18, 2008 8:36 PM | Reply | Permalink
So what? Obviously environmental groups have the right to sue, just as any individual or group has the right to sue against harm done to public and common interest. That was formally established over a century ago. If he had ruled against that he'd be on the losing side and would forever be tarred with the left and middle
That doesn't negate him being very Republican on high finance, legitimizing predatory practices and even money laundering and tax evasion. And he's apparently anti-free speech and journalism when they collide with the finance industry.
Sounds like a Bush appointed Republican judge to me.
February 18, 2008 9:12 PM | Reply | Permalink
I've learned the EFF spent much of last week trying to find legal representation for WikiLeaks on very short notice. They're continuing to follow the case with interest.
While it's an obvious drag that this has occurred it does serve two distinct purposes: (1) prove that sites like WikiLeaks will not be silenced and (2) provide a precedent around which to galvanize support for laws and governance which adheres to the rule of law and the will of the people.
Good luck to them. lend them your support.
Cheers.
February 18, 2008 10:36 PM | Reply | Permalink
I have been watching Wikileaks for the eventual breaks regarding 9/11 -I also expect to see the interrogation "tapes" there at some point as well.
Who knows what else we will see there. Wikileaks has the potential to be extremely important in the future. It and sites like it will replace the "news" as we currently know it.
February 18, 2008 10:39 PM | Reply | Permalink
This is unusual. There was only 7 days between the filing of the motion and a permanent injunction.
A request for a TRO and a Preliminary Injunction must be accompanied by Points and Authorities. Or it is not valid. An emergency TRO requires 24 hours notice or some attempt to notify the defendant.
Something is not square in the telling of this.
I also find it strange that a judge would not allow the presents of a legal repetitive to the proceedings.
HMMMMM!
February 18, 2008 10:40 PM | Reply | Permalink
Ummmmmm...the Judge has modified his injunction, see here, though I would note that I still have not been able to get them online.
It appears that the Domain registrar cut a deal without giving any notice to Wikileaks.
February 20, 2008 4:45 PM | Reply | Permalink