[WSIS CS-Plenary] Indymedia Update [en] : Why we have to react

Tue Oct 12 11:01:11 BST 2004

Sasha, thank for the update, I will add some of the link below my message
First, I'd like to say that it's not a country problem, but a information
society problem

//Why we have to react:

Why we have to react strongly to the seizure of the Indymedia servers: the
legal treaty  (Mutual Legal Assistance Treaty) used to seize the servers is
mostly use in the cases of money laundering or terrorism matters.  This
legal framework is aimed at fighting terrorism and organized crime, but
authorities are using it to fight freedom of speech.

In the Swiss case, even if it's the right of a person to ask for their
picture to be withsdrawen from a website  (in this specific case, it appears
to be two undercover police working at the G8 summit in Geneva) - it is
unacceptable to shut down an entire media network and seize their hard
drives. The spirit of the law it is said that actions have to be
proportionate to the offence or the crime. In this case, according the
information I know at this time, the actions taken do not appear at all
proportionate ( Marc Oederlin, the lawyer of the two policemen, does not
think that he is the cause of what happened.).

In the Swiss agreement with the "International Mutual Legal Assistance in
Criminal matters" The paragraph with regard to the "Principles of Mutual
Assistance" says:

[paragraph 4]"Grave defects of the foreign procedure (violation of the
principles contained in the European Convention for the Protection of Human
Rights and Fundamental Freedoms or the International Convenant on Civil and
Political Rights) will lead to mutual assistance not being granted. It will
also be denied if the proceedings abroad are carried out to prosecute or
sentence a person on account of his political opinions, his belonging to a
certain social group, his race, religion or nationality. "

[paragraph 8]"Mutual assistance is governed by the principle of
proportionality. However, this does not mean that a requesting State may
only seek assistance after it has exhausted its own internal means of
investigation. Mutual assistance proceedings should help the criminal
proceedings in a requesting state; therefore all documents will be handed
over if a connection with the charges brought forward cannot be excluded."

I think there are some thoughts to share about the way that the case of
Indymedia was handled...

If we do not react to this situation, it means that is to give a signal to
non-democratic countries that will encourage them to continue to restrict
freedom of speech. Moreover, how those countries will be able to listen us
(in terms of freedom) if we don't show the right example.

Moreover, this could encourage a number of countries which already restrict
freedom of information to act in further repressive ways following the
example of our "democratic nations".

I'd like to conclude with a question: Can someone explain to me the
difference between the fact that in the US Constitution: First Amendment,
freedom of speech is protecting websites which are promoting calls to racial
hate - like Ku Klux Klan - and yet it seems not to protect the freedom of
speech of media?

Moreover the paradox of this situation is that the pictures are still
available on Carnegie-Mellon University, Pittsburgh, US. Ironically I will
encourage countries which have signed up the Mutual Legal Assistance Treaty
to legally attack all the websites which are promoting hate around the
world, in that case this treaty will be usefull...

So, the problem is not a "country" problem, but is the power of the today
legal tools VS the incompetence of politiciens in the way to use such tools
and understand the impact of the technology (like the use of RFID at the
last WSIS summit). Law are unappropriate because human being is not "failure
proof"; it's why it's so much important that the Civile Society have to be
involve in the process of making new laws will have an unexpected impact on
all of us, according the developpment of the information society.

Indymedia whole story and related articles
http://docs.indymedia.org/view/Global/WhoTookAhimsa

Countries that have an MLAT with US
http://travel.state.gov/law/mlat.html

Switzerland "International Mutual Legal Assistance in Criminal matters" (les
paragraphes 4 et 8 sont interessants)
http://www.ofj.admin.ch/themen/rechtshilfe/intro-e.htm#punkt2

regards
stephane koch
internet society geneva 

-----Message d'origine-----
De : plenary-admin at wsis-cs.org [mailto:plenary-admin at wsis-cs.org] De la part
de Sasha Costanza-Chock
Envoyé : mardi, 12. octobre 2004 08:49
À : undisclosed-recipients:
Objet : [WSIS CS-Plenary] Indymedia Update [en/pt]

[en]

      Evidence is beginning to mount that the authorities of at least four
countries (Switzerland, Italy, U.K. and U.S.A.) are involved in last week's
seizure of two of Indymedia's servers that brought down more than 20 of the
Indymedia network's web sites and several internet radio streams. Indymedia
has yet to receive any official statement or information about what the
order entailed or why it was issued.

     An FBI spokesperson, Joe Parris, confirmed to Agence France-Presse that
the FBI issued a subpoena to the provider who hosted the Indymedia servers
in the U.K., but that it was "on behalf of a third country." (1) Daniel
Zapelli, senior federal prosecutor for Geneva (Switzerland), confirmed that
he has opened a criminal investigation into Indymedia coverage of the 2003
G8 Summit in Evian. (2) Zapelli will provide details of that investigation
at a press conference on Tuesday.

     Federal prosecutor of Bologna (Italy) Marina Plazzi stated that she is
investigating Italy Indymedia because it may "support terrorism." (3) Plazzi
says she will provide more information on Thursday, October 14th.

     Meanwhile international journalist associations have come forward in
support of Indymedia. "We have witnessed an intolerable and intrusive
international police operation against a network specialising in independent
journalism," said Aidan White IFJ General Secretary. (4)

     Indymedia is consulting with the Electronic Frontier Foundation on how
to retrieve its servers and prevent further government attacks on free
speech. "EFF is deeply concerned about the grave implications of this
seizure for free speech and privacy, and we are exploring all avenues to
hold the government accountable for this improper and unconstitutional
silencing of independent media.," said EFF Staff Attorney Kurt Opsahl. (5)

     As of Monday, October 11, five of the downed websites have been
restored, including Brasil, Euskal Herria, Poland, UK and Nice. 
Indymedia volunteers are working around the clock to restore the remaining
sites, however at least four of them - Uruguay, Italy, Western Massachusetts
and Nantes - have suffered data loss as a result of the governments' action.

     "This FBI operation gives us even more reason to continue with what we
have been doing for several years," says an activist from Italy Indymedia.

     "Uruguay has a long history of media repression. We don't have the
money to pay for web hosting, and so we rely on the solidarity of other
countries. Actions like the seizure of the servers make the whole world
insecure for free media," says Libertinus, an Indymedia volunteer from
Uruguay, one of many Indymedia web sites that was caught in the FBI actions
as a bystander. "Uruguay's national elections will take place on October
31st. It's a bad time for this to happen."

Notes to the editor

For more information, visit www.indymedia.org/en/static/fbi, email
press(a)indymedia.org , Tommaso at +39-3383903806, Hep Sano at 
+1-415-867-9472 (San Francisco), or David Meieran at +1-412-996-4986
(Pittsburgh).

(1) On October 7, 2004, Rackspace, a web hosting provider based in San 
Antonio (USA), turned over two servers at its London officer after it 
was issued a court order under the Mutual Legal Assistence Treaty. 
Rackspace officials claim that the order prevents them from divulging 
the reasons for the seizure and to whom the servers were actually given. 
They stated, "Rackspace is acting as a good corporate citizen and is 
cooperating with international law enforcement authorities." See more 
details on www.indymedia.org/fbi and on the press releases from 8 and 9 
October:  http://www.indymedia.org/en/2004/10/111999.shtml and 
http://www.indymedia.org/en/2004/10/112047.shtml

(2) For more examples see:  http://www.indymedia.org/en/static/fbi.shtml

(3) AFP report: 
http://story.news.yahoo.com/news?tmpl=story&cid=1509&ncid=738&e=6&u=/afp/200
41008/tc_afp/us_internet_justice

(4) International Federation of Jounalists: 
http://www.ifj.org/default.asp?Index=2734&Language=EN

(5) Electronic Frontier Foundation (EFF):  http://eff.org/