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WikiLeaks In New Legal Battle

geegel writes "The US Justice Department is now fighting in court demands from three WikiLeaks associates to disclose the names of several electronic service platforms that received requests to hand over user information. This comes after Twitter obtained a court order to unseal the demands in order to notify the three persons. The current legal row has seen both the ACLU and the EFF provide legal assistance to the WikiLeaks associates."

18 of 86 comments (clear)

  1. Hey Slashdot! by Anonymous Coward · · Score: 4, Interesting

    Have you turned over any records to the Feds concerning Wikileaks members (or any records, period)? If you can't comment on that, then perhaps you could outline what Slashdot's policy is for turning over records to law enforcement when not accompanied by a Federal warrant or National Security letter.

    1. Re:Hey Slashdot! by Soulskill · · Score: 5, Informative

      We haven't received any such requests since I've been working here, so no, nothing's been turned over to the Feds or anybody else. I'm not aware of any requests happening before that either, but I couldn't say for sure.

      The closest we've come, to my knowledge, was a DMCA takedown request after copyrighted Scientology material was posted in a comment. The comment ended up being deleted, but I think the post pretty clearly illustrates how we felt about that. There was also a time Microsoft asked us to remove some comments back in 2000. Those comments stayed in place.

      I actually have no idea if we have a "policy" for such requests, since it hasn't come up. If it were up to me, I'd tell them to get stuffed. I suspect CmdrTaco would as well. Honestly, I don't know what records we'd have that would be worth requesting.

    2. Re:Hey Slashdot! by VortexCortex · · Score: 4, Funny

      We haven't received any such requests since I've been working here, so no, nothing's been turned over to the Feds or anybody else.

      Look. I know how this stuff goes. You can't exactly say that you did, but if you have, just give us a signal -- Maybe just cough twice (er, no -- something electronic...) OK just cause a few server errors -- that'll be the signal.

    3. Re:Hey Slashdot! by Rich0 · · Score: 2

      I've always wondered whether libraries/etc who would like to protest these kinds of gag orders could easily get around them in this manner:

      Every week post a list of library card numbers with the statement "we declare that we've never gotten a request for records for any of these numbers."

      Then one week the list change slightly - three numbers are missing from the list, and a new list is started "we can neither confirm nor deny that we've gotten a request for records of any of these numbers."

      Or every time you borrow a book the librarian tells you (or prints out on your due date slip) "I can confirm that we've never had to divulge personal information about you in response to a court order." One day the message either changes to "can never confirm or deny" or goes away.

      Unless courts want to start issuing gag orders when there ISN'T an investigation this would be pretty hard to defeat. It is basically just a keepalive system where the absence of a message sends the message.

  2. Re:EFF by Yvanhoe · · Score: 3, Insightful

    And regular newspapers absolutely never do that...

    --
    The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
  3. Re:EFF by el_tedward · · Score: 4, Interesting

    I'll bite.

    What about the new york times and bazillions of other news organizations? How does the type of organization you are determine the legality of ones actions?

  4. They have and they will by ArchieBunker · · Score: 3, Interesting

    Years ago someone posted the "top secret" scientology documents into the comments and they were deleted. I can't recall if it was court ordered or merely a scare letter from an attorney.

    --
    Only the State obtains its revenue by coercion. - Murray Rothbard
  5. Re:EFF by Anonymous Coward · · Score: 3, Insightful

    And people who aren't Freemasons can't wear the Freemason ring. However, since I'm not a Freemason, their prohibition doesn't affect me; therefore, I can wear their ring if I want to. The US's jurisdiction isn't supposed to reach outside its borders (even if it does in fact).

  6. All hail the EFF by AliasMarlowe · · Score: 2

    What they did was illegal. You can't post classified and / or stolen information.

    Tell it to the New York Times, asshole posting as AC.
    Or listen to the laughter if you tell it to any reputable news publication.

    --
    Those who can make you believe absurdities can make you commit atrocities. - Voltaire
  7. Re:So many 503s by Soulskill · · Score: 5, Informative

    We're working on the 503 problems. Sorry it's been such a pain.

  8. Re:EFF by rainmouse · · Score: 3, Insightful

    I believe in the EFF. I wish they never defended wikileaks. What they did was illegal. You can't post classified and / or stolen information. Pretty simple.

    As your privacy is gradually stripped away, how many times have you heard the words "If you have done nothing wrong then you have nothing to fear."

  9. The real question here is... by SuperCharlie · · Score: 4, Insightful

    Why would the justice dept want to hide who it is asking records from.

    If they are in the right.. well.. why hide it.

  10. Re:EFF by artor3 · · Score: 3, Informative

    Even if you accept the US's jurisdiction as world-wide, what Wikileaks did wasn't illegal. It falls squarely under freedom of the press. What Manning did was illegal, and he'll be punished for it, but once the information is out there, the media has no obligation to cover it up.

  11. Re:National Defense is Different by Anonymous Coward · · Score: 4, Informative

    Once upon a time, Haiti was going to increase their minimum wage from $0.24/hour to $0.61/hour. Levi Strauss and Hanes (among others) didn't like that, so the US State Department pressuredHaiti to create an exemption for textile workers.

    The only reason anyone knows that happened is because of wikileaks.

  12. please show me exactly which law says that by decora · · Score: 2, Interesting

    because you can't.

    there is no law banning the 'leaking' of classified information.

    there are several different laws that ban specific types of information, some of it classified, in certain situations, by certain people.

    the truth is that the vast majority of the documents that Manning released do not fall under any law simply becasue they are classified.

    read his charge sheet, then look up the actual laws and read them. the civilian laws that he broke do not use the word 'classified'. at all. the Espionage Act (he has about 5 or so charges on this) is regarding 'national defense information'.

    please tell me how information about Gadhafi's "hot nurses" are information vital to the national defense.

    congress has been unwilling or unable to pass any law making a blanket ban on passing classified information.
    or the Collateral Murder video. how does that rise to the level of the Espionage Act?

    why is there no blanket anti-classified leaking law? because congress itself leaks classified information all the time, in order to fight political battles in the media. thats where all the 'senior officials who did not wish to be named' comments come from in news stories.
    you can read about Ollie North's experience in the 80s, the whitehouse leaked, congress leaked, everyone leaked. it was part of their media strategy.

    There is a great paper from the 1973 Columbia Law Journal by Schmidt and Edgar about this, you can read it online at

    http://www.fas.org/sgp/library/index.html

    Essentially, the American nation has put more faith in open debate and discussion than in government secrecy and its associated blatant lying and corruption (see Reynolds v. United States for a classic example).

    this principle is slowly being chipped away by various underhanded tactics over the years, but the spirit of openness is like an unquenchable flame or some kind of endemic weed... the human condition is to ask questions and demand accounability from authority.

  13. Re:National Defense is Different by cold+fjord · · Score: 3, Informative

    Once upon a time, ...

    "Once upon a time"? What a splendidly evasive way to say, under the Obama Administration.

    WIKILEAKS: U.S. Fought To Lower Minimum Wage In Haiti So Hanes And Levis Would Stay Cheap

    A Wikileaks post published on The Nation shows that the Obama Administration fought to keep Haitian wages at 31 cents an hour

    Once again we see Wikileaks essentially in the role of, "If you don't know it, it's news to you". Geeks that wouldn't give a damn about anything in Haiti are finally reading about it in Wikileaks, take whatever information is there with no context, and assume the worst.

    Haiti minimum wage protests escalate

    The debate has fuelled unrest across the impoverished Caribbean nation. Some critics argue that an increase would hurt plans to fight widespread unemployment by creating jobs in factories that produce clothing for export to the United States. . . .

    Many in the international community who view garment factories as the way to boost Haiti's economic development oppose the wage increase.

    With new trade advantages that allow for duty-free exports of clothing to the US, such factories could provide "several hundred thousand jobs to Haitians ... over a period of just a few years," according to a report submitted to the UN in January.

    But it said that plan requires that costs be kept down.

    The report had been requested by Secretary-General Ban Ki-Moon and prepared by Oxford University professor Paul Collier. It is now being promoted by former US President Bill Clinton, the new UN envoy for Haiti.

    --
    much of left-wing thought is a kind of playing with fire by people who don't even know that fire is hot - George Orwell
  14. Re:EFF by gerddie · · Score: 2

    What Manning did was illegal, ...

    What happened to innocent until proven guilty? He is still only a suspect ...

  15. Re:EFF by SudoGhost · · Score: 2

    Not all those who wander are lost.