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24Feb08

Judge Orders Wikileaks Web Site Shut

By ADAM LIPTAK and BRAD STONE
Published: February 19, 2008

In a move that legal experts said could present a major test of First Amendment rights in the Internet era, a federal judge in San Francisco on Friday ordered the disabling of a Web site devoted to disclosing confidential information.

The site, Wikileaks.org, invites people to post leaked materials with the goal of discouraging “unethical behavior” by corporations and governments. It has posted documents concerning the rules of engagement for American troops in Iraq, a military manual concerning the operation of prison at Guantánamo Bay, Cuba, and other evidence of what it has called corporate waste and wrongdoing.

The case in San Francisco was brought by a Cayman Islands bank, Julius Baer Bank and Trust. In court papers, the bank claimed that “a disgruntled ex-employee who has engaged in a harassment and terror campaign” provided stolen documents to Wikileaks in violation of a confidentiality agreement and banking laws. According to Wikileaks, “the documents allegedly reveal secret Julius Baer trust structures used for asset hiding, money laundering and tax evasion.”

The site itself could still be accessed at its Internet Protocol (IP) address (http://88.80.13.160/) — the unique number that specifies a Web site’s location on the Internet. Wikileaks also maintained “mirror sites,” which are copies of itself, usually to insure against outages and this kind of legal action.

In a separate order, also issued on Friday, Judge White ordered Dynadot and Wikileaks to stop distributing the bank documents. The second order, which the judge called an amended temporary restraining order, did not refer to the permanent injunction but may have been an attempt to narrow it.

In a statement on its site, Wikileaks compared Judge White’s orders to ones eventually overturned by the Unites States Supreme Court in the Pentagon Papers case in 1971. In that case, the federal government sought to enjoin publication of a secret history of the Vietnam War by The New York Times and The Washington Post.

Judge White’s order disabling the entire site “is clearly not constitutional,” said David Ardia, the director of the Citizen Media Law Project at Harvard Law School. “There is no justification under the First Amendment for shutting down an entire Web site.”

The narrower order, forbidding the dissemination of the disputed documents, is a more classic prior restraint on publication. Such orders are disfavored under the First Amendment and almost never survive appellate scrutiny.

The entire story can be found HERE

You can find more information on this story by Googling “wikileaks”, or CLICK HERE

And while I was researching this story, I came across some other sites which I think are important in the event that corporate/government agencies try to squash all access to information regarding the criminal and oppressive activities of those agencies. Some of them can be found here: (feel free to add your own in the comments section)

Cryptome

Federation of American Scientists and
Secrecy News from the FAS Project on Government Secrecy

There’s obviously a lot more here, but I just stumbled upon this stuff myself, and haven’t had a lot of time to go over it in detail.

Happy Hunting!