Interesting People mailing list archives

IP: FBI Court order to Independent Media Center forcing them to give 2 days of logs

From: David Farber <dave () farber net>
Date: Sat, 28 Apr 2001 17:42:47 -0400

To: Dave Farber <farber () cis upenn edu>
Subject: FBI Court order to Independent Media Center forcing them to give 
2 days
 of logs


http://www.indymedia.org/front.php3?article_id=36912&group=webcast

Speaking about outragousness. This is blatantly unconstitutional and very 
scary in the context of the Bush/Cheney/Ashcroft attack on various 
fundamentals of freedom in the US. It also includes a gag order..

An excerpt:
IN THE MATTER OF THE APPLICATION OF THE UNITED STATES 
OF                       AMERICA FOR AN ORDER AUTHORIZING THE DISCLOSURE 
OF RECORDS                       AND OTHER INFORMATION PERTAINING TO 
ELECTRONIC                       COMMUNICATION SERVICE PROVIDED BY INDYMEDIA.

               THIS MATTER having come before the Court pursuant to the 
Application of the United States of  America, which Application requests 
that an Order be issued:

               (1) directing that INDEPENDENT MEDIA, and any other 
provider of electronic communications service
               and their agents and employees, not disclose to the user 
of said electronic communication service, nor to any other person, the 
existence of this Application and Order or the existence of this 
investigation unless and until otherwise ordered by the Court;

               (2) directing INDEPENDENT MEDIA, a provider of electronic 
communications service, as defined by Title 18, United States Code, 
Section 2510(15), to examine all account records and system/accounting 
log files and supply the Federal Bureau of Investigation with all 
Information listed on Attachment A to this Order; and (3) directing that 
the Application and Court's Order be sealed;

               IT APPEARING that there is an ongoing criminal 
investigation into acts which would constitute violations of Sections 322 
(theft) and 430 (mischief) of the Criminal Code of Canada, and that one 
or more of the subjects of said investigation are unknown, and

               IT APPEARING that Independent Media is an Internet 
publisher of information, administered by Jonathon Jay at 1415 3rd 
Avenue, Seattle, Washington 98101, and

               IT APPEARING that the Application has been made in good 
faith in the @erance of a pending criminal investigation, and the Court 
finding that the Applicant, as the attorney for the United States, has 
offered specific and articulable facts showing that there are reasonable 
grounds to believe that the records of electronic communication sought 
are relevant and material to an ongoing criminal investigation.

               IT APPEARING that there is reason to believe that 
notification of the existence of this Order will result in destruction of 
or tampering with evidence, or will otherwise seriously jeopardize the 
investigation,
 IT IS ORDERED, pursuant to Title 18, United States Code, Section 2703(c) 
and
               (d);Title 28, United States Code, Section 1651; and Rule 
41, Federal Rules of Criminal Procedure, that INDEPENDENT MEDIA, 1415 3rd 
Avenue, Seattle, Washington 98101, a provider of electronic 
communications service, as defined by Title 18, United States Code, 
Section 2510(15) examine all account and system/accounting log files and 
supply the Federal Bureau of Investigation with all information described 
in Attachment A to this Order.

               IT IS FURTHER ORDERED, pursuant to Title 18, United States 
Code, Section 5(b), that INDEPENDENT MEDIA, and their agents and 
employees, shall not disclose to the user of electronic communication 
service, nor to any other person, the existence of this Application or 
Order, or the existence of this investigation, unless and until otherwise 
ordered by the Court; and

               IT IS FURTHER ORDERED, pursuant to Title 28, United States 
Code, Section 1651 that this Order and the Application be sealed until 
otherwise ordered by the Court.

               DATED this 24 day of April 2001.

               STEPHEN C SCHROEDER Assistant United States Attorney
               UNITED STATES ATTORNEY
               Seafirst Fifth Avenue Plaza Building
               800 Fifth Avenue, Suite 3600 Seattle, Washington 98104
               (206) 553-7970

               ATTACHMENT A

               All user connection logs for 216.213.32.98 for the time 
period beginning April 20, 2001, to the date of this Order for any 
connections to or from that IP address.

               User connection logs should contain the following:
               1. Connection time and date;
               2. Disconnect time and date;
               3. Method of connection to system (e.g., SLIP, PPP, Shell);
               4. Data transfer volume (e.g., bytes);
               5. Connection information for other systems to which user 
connected via , including:
               a. Connection destination;
               b. Connection time and date;
               c. Disconnect time and date;
               d. Method of connection to/from system (e.g., telnet, ftp, 
http);
               e. Data transfer volume (e.g., bytes);

--
Robert J. Berger
UltraDevices, Inc.
257 Castro Street, Suite 223 Mt. View CA. 94041
Email: rberger () ultradevices com http://www.ultradevices.com
Voice: 408-882-4755 Fax: 408-490-2868




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IP: FBI Court order to Independent Media Center forcing them to give 2 days of logs David Farber (Apr 28)