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Judge Reverses WikiLeaks Order

Yeah, maybe that wasn't such a good idea after all.

From The New York Times:

A federal judge on Friday withdrew his earlier order disabling a Web site that allows the anonymous posting of documents to discourage unethical behavior in governments and corporations....

In reversing himself at a hearing here on Friday, Judge White acknowledged that the bank’s request posed serious First Amendment questions and might constitute unjustified prior restraint. He also appeared visibly frustrated that technology might have outrun the law and that, as a result, the court might not be able to rein in information once it had been disclosed online.

“We live in an age,” Judge White said, “when people can do some good things and people can do some terrible things without accountability necessarily in a court of law.”

And voila, WikiLeaks.org lives again. (Not that WikiLeaks, with a number of mirror sites, was ever really dead.) Apparently WikiLeaks never did get counsel, but the ACLU, EFF, and a variety of journalistic organizations stepped into the breach.

The Times piece gives the distinct impression that the judge had no idea what he was getting into when he granted Julius Baer's request to block access to WikiLeaks.org.


10 Comments

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Julius Baer should be furious with the counsel over this gaffe. Besides bringing enormous attention to the documents, and creating enormous plublicity to the case, the precedent that was set for "public domain information" makes this quite possibly one of the worst handled litigation actions this year.

It goes to underscore the point that those that don't "get" the internet, just don't get it, and that segment of the establishment that includes MSM, politicians, Judges, and business people who interact as if the internet didn't exist, or make plans or public positions in ignorance of it, are increasingly being identified as being incompetent.

I give the judge credit, instead of clinging to the initial decision he was mature and professional enough to simply state that he had no idea what he was doing, a mistake if you will, which even people who "get the internet" understand.

I think the Judge should be applauded and the attorneys for Julius Baer's team be identitified by name and picture.

I applaud the Judge in his decision.

If I was CEO of Julius Baer I would seek malpractice against the Julius Baer legal counsel.

This was a Bush appointed judge. He's going to get a spanking now.

I've never been to law school, and I could figure out that the ruling was an illegal act of Prior Restrain

Praise this judge ???

for finally figuring out something he SHOULD HAVE KNOWN in the first place ???

I don't think so

Impeachment and removal seems a better response

Ahhh. Wonderful.
I’ll allow myself to hope that a judge appointed by Bush will be compelled to recognize that his position in the eyes of some people is not about gaming the legal system for the oligarchs, but about justice for all.
Also that some of those some are smarter, more skilled and agile than he and his masters are; and that he’ll take his confusion and humiliation to heart.

Not likely. I’m in fact well content to have my heart warmed and lifted on a cold day.

The judge ought to have known in the first place, but this is evidence that our system works. A mistake was made and it got corrected.

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It seems obvious to me that there is a distinct lack of technical expertise among the judiciary. Just a thought, but it maybe some state should take it upon itself to develop an analog to Delaware's Court of Chancery. The Chancery Court is recognized as being expert in corporate law, because its judges spend that vast majority of their time dealing with just that (highly technical, fairly obscure) subject. Delaware as a state profits enormously from the existence of the court, in that thousands of corporations are incorporated there solely for the purpose of having access to the expertise of the Chancery Court in the event of a lawsuit. It would probably be obscenely profitable for some state to make itself as computing-law friendly as Delaware has made itself corporate-law friendly. Cases like this will recur until we acquire a judiciary somewhere that's equipped to handle computing law with the careful hand that's required, instead of with the haphazard sledgehammer that's been the judicial standard in computing-related cases so far.

Excellent summation, and I agree. The "distinct lack of technical expertise" that you cite is evident, and in as much as the attorneys from the bank sought this remedy, exactly why I fault their competency.

To sum up the results of the banks actions: free plublicity to the materials location that they sought to block.

If these attorneys had been firefighters they poured gas on the fire they sought to extinguish.

The "distinct lack of technical expertise" upon the judge was understandable, and I think ICANN resolves these types of disputes or should have some impact on the law.


Good datum, and excellent point, Anna.
The story familiar to me is that Delaware is a corporate hot-spot because of its low taxes, thanks to DuPont’s controlling interest in, even ownership of the state.
But your remark suggests to me that that was to some degree propaganda encouraged by the anti-tax lobby.

Perhaps in fact corporations finding Delaware a helpful environment for conducting inquiry into legal questions has forced the Court of Chancery to keep up-to-date in a way less pressured places do not.

This reverses your narrative of causation; perhaps you find it a useful suggestion. Perhaps not.

In something resembling fairness, IT is evolving so rapidly as to make it difficult for courts and the law to keep up.
Nothing inherently malevolent or just misguided, but rather a lack of attention to a whole new legal world. Law develops by way of resolving disputes. Until there is a dispute there are no legal precedents and little ability to make informed judgments.

This case may, no; will, get their attention.

'Course, the bigger question is what this stunted dimwit is doing on the bench in the first place. When he first plugged up the site a few weeks ago, I was chilled by the decision - but not surprised. In the early days of the millenium, when the Bill of Rights has been throughly and expertly savaged... not surprised at all.

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Excellent.

Btw, thanks to Paul Kiel for being one of TPM's original expansions, who follows interesting stories and provides intelligent commentary. As opposed to the flunkies TPM has been hiring lately to generate cut and paste fluff and ad revenue.

TPM + Josh should remember the old pledge to provide quality over quantity, and return to his past blogging and original thinking from a somewhat unique perspective.

Josh and TPM's weakness has always been his propensity to emulate the MSM and supposedly good liberal sources of stories. Which is how people get sucked into their bad habits, methodologies, and start parroting them on issues from WMD to healthcare reform.

He should know better by now. But the business expansion isn't helping his blogging.

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