[WSIS CS-Plenary] Statewatch statement on IMC Seizures under MLAT
karenb at gn.apc.org
Sat Oct 9 15:04:05 BST 2004
Here is a comprehensive statement on the IMC Server seizure from Statewatch
in the UK.
There will be follow up with a call for further action - more information
Full Statewatch Statement on Indymedia Server Seizures at:
see for links and evaluation of MLAT inplications
Tony Bunyan, Statewatch editor, comments:
"Rackspace may be a US company but Rackspace in London is subject to UK law
not US law. If they took down and handed over Indymedia's servers simply on
the basis of a US subpoena communicated to them this would not be lawful in
However it seems more likely that the US subpoena was the subject of a
request for mutual legal assistance from the US Attorney General to the UK
Home Secretary under the MLA Treaty. It would for the Metropolitan Police,
probably accompanied by the FBI, to enforce the request and take possession
of the servers.
This begs the questions: Why did the Home Office agree? What grounds did
the USA give for the seizure of the servers? Where these grounds of a
"political" nature? Has the Home Office requested that the servers be
returned? What does this action say about freedom of expression and freedom
of the press?
A trail that started in Switzerland and Italy has now ended fairly and
squarely in the lap of the UK Home Secretary to justify."
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