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U.S. Goverment Responds to EFF's Indymedia Motion

bergwitz writes "In a response to EFF's motion to unseal, the U.S. government claims that Indymedia hard drives were seized as part of an international "criminal terrorism investigation," and thus the U.S. District Court's gag order should be upheld." This will help refresh your memory.

3 of 474 comments (clear)

  1. Re:It pertains to an ongoing terrorism investigati by Anonymous Coward · · Score: 5, Informative


    Get the photos of the swiss cops here with this torrent
    it was nothing about terrorists, just people taking pics of cops that were trying to intimidate activists.

  2. That's always been the case by Sycraft-fu · · Score: 5, Informative

    If the government needs something I have in a bank safe deposit box, they go and serve the bank with a warrant. If they need my employee records, they serve my employer with a warrant.

    A warrant is just a legal declaration that allows law enforcement to etner a place they may not normally enter or seize something they may not normally seize. Law enforcement can't just come and take a computer randomly from a company or person. They have to get a warrant from a judge to do so. However the warrant is to enter the premises or seize the goods, so it is presented to the persons concerned. They don't go, present it to you, and ask you to go get the goods, then maybe alter them, before you hand them over.

    Also, Indymedia has standing to sue, they didn't however, the EFF did and that was part of the judges ruling (read more than the /. blurb). The EFF has no standing. However, even if Indymedia sues, doesn't mean records will be unsealed. There are plenty of cases where revealing specifics will screw an investigation, and in those cases the judge generally keeps the records sealed. They are unsealed at trial, when the case is dropped, or if it drags on for too long.

    Nothing has changed in an information society, except that we'll probably see more seizing of computers to get at data used in criminal activities. It's no different than if you had a physical book with your accounting of illegal activities in storage or at a bank. They'd serve the place that physically had the book to get it. They aren't going to serve you and hope that you give it to them unaltered and intact.

  3. Re:Aren't all lefties terrorists? by metlin · · Score: 5, Informative

    Hello?

    He was the _leader_ of Hamas at the time of his assasination. He was _killing_ people. He was _ordering_ the deaths of more civlians through suicide bombings, and openly admitted and challenged Israel to it.

    He was sentenced to life imprisonment in 1989, and later on released in 1997 - following which we went back and started a spate of attacks on civilians through suicide bombings. The Hellfire missile hit him and all the people who were killed were his aides and his bodyguards.

    Yeah, it's sad that Israel has lowered itself to the level of the militants whom they're up against, but when peace does not work, what is it that we could do against people who would not go against the word of "God".

    Ask yourself this: even if a man is guilty, is it right to kill him without trial, without provocation, without immediate threat, and at the cost of innocent lives?

    He was guilty, a terrorist who was leading a terrorist group at the time of assasination, who was a threat and would have ordered more, had he been alive. And oh, there were no innocent casualties - the only people who were killed in the vicinity were his aides and bodyguards.

    If Osama were out there and we could kill him, do you expect us to stay our hands because we've not had his trial?