Secret Service seems eager to harass Indymedia over server logs [fs]

[Declan McCullagh <declan () well com>]

---

http://nyc.indymedia.org/feature/display/107119/index.php
...the Department of Justice has opened a criminal investigation and
is demanding records concerning anti-RNC deleagte posts to this
website. Specifically, the DOJ is seeking information on lists of
2,200 RNC delegate names posted to our Open Newswire....
...the Department of Justice has opened a criminal investigation and is
demanding records concerning anti-RNC deleagte posts to this
website. Specifically, the DOJ is seeking information on lists of
2,200 RNC delegate names posted to our Open Newswire...

And also:
http://www.indymedia.org/or/2004/08/111732.shtml

---

>  -----Original Message-----
> From:         Emily Whitfield 
> Sent: Monday, August 30, 2004 11:38 AM
> To:   'declan () well com'
> Subject:      ACLU Defends Indymedia in Secret Service Investigation
>
> Declan, I think you and Politech readers will find this case of great interest.  The ACLU is defending Indymedia's 
> web host and four Indymedia administrators who are the target of a Secret Service investigation into the posting of 
> RNC delegate info on Indymedia.org.

> Our news release follows.
>
> Emily Whitfield
> ACLU Media Relations Director
>
>
> ACLU Criticizes Secret Service Investigation of News Website That Posted RNC Delegates' Names
>
> ACLU is Defending Web Host and Others Sought Through Grand Jury Subpoena
>
>
> FOR IMMEDIATE RELEASE                 CONTACT: Emily Whitfield, ACLU
> August 30, 2004                                       (212) 549-2566 or 2666
>
> NEW YORK - In a letter sent today in response to a grand jury subpoena issued by the Secret Service, the American 
> Civil Liberties Union and the New York Civil Liberties Union said they are representing a web hosting service and 
> administrators of an independent media website regarding the anonymous posting of publicly available information 
> about delegates to the Republican National Convention.

> The groups said the investigation is but the latest example of government agencies using law enforcement powers to 
> chill free speech and intimidate protesters.

> "This type of investigation is really a form of intimidation and a message to activists that they will pay a price 
> for speaking out," said ACLU Associate Legal Director Ann Beeson. "The posting of publicly available information 
> about people who are in the news should not trigger an investigation. Indeed, if the mere posting of the delegates' 
> name is cause for alarm, then the Secret Service should be investigating the many Republican websites where the same 
> kind of information is available."

> Beeson added that the posting did not include anything remotely threatening, but involved political speech fully 
> protected by the First Amendment. Indymedia.org is the website of the Independent Media Center, a collective of 
> independent media organizations and journalists.

> The ACLU and NYCLU are also defending Calyx Internet Access, a web hosting service for the Indymedia website. Last 
> week, Calyx> '> s president, Nicholas Merrill, received a grand jury subpoena to turn over contact information for 
> Indymedia. Merrill said that he contacted the four men he knew of -- and the ACLU -- upon receiving the subpoena, and 
> the men agreed that Calyx could provide their information because they had nothing to hide. In fact, the men are not 
> responsible for posting the delegate names, and it is not clear who is, because Indymedia has an anonymous posting 
> policy.

> In its letter to the Secret Service today, the ACLU provided the e-mail addresses of the four Indymedia 
> administrators --- Matt Toups, Brian Szymanski, Micah Anderson and one man who prefers not to be named publicly -- 
> and advised the agency that they are representing them in any formal or informal questioning of them or Merrill.

> In a statement issued today, Toups, a 22-year-old undergraduate at Carnegie Mellon University, said: > "> The right 
> of an author to choose anonymity is an important part of what Indymedia stands for because we work to create a safe 
> space for dissenting views. Unfortunately, the United States is becoming an increasingly repressive and chilling 
> environment for free speech, thanks to government harassment like the recent attempts to question Indymedia and other 
> activist groups in New York for the Republican National Convention.> ">

> Beeson said she found it ironic that the Secret Service subpoena said that the men were sought in connection with an 
> investigation of voter intimidation. "The only intimidation taking place here is the Secret Service intimidating 
> people who speak out against the government," she said. > "> Unfortunately, the Secret Service has a very recent 
> history of preventing Americans from exercising their First Amendment rights.> ">

> Last year, the ACLU filed a class-action lawsuit against the Secret Service over the agency> '> s practice of forcing 
> activists into remote "protest zones" during Bush administration events, while allowing pro-Bush supporters to remain 
> in close proximity. A judge dismissed the case after the agency insisted that the practice was not a matter of policy 
> and agreed that such a policy would violate important free speech rights protected under the Constitution. The ACLU 
> is still investigating complaints of restrictions against protesters.

> In recent weeks, the ACLU and its affiliates around the country have received complaints that law enforcement 
> officials throughout the U.S. have been monitoring activists they believe are planning to protest at major national 
> political events, including the Republican National Convention in New York, which has already drawn hundreds of 
> thousands of protesters.

> In Missouri, the ACLU is defending three activists who were subpoenaed as part of an investigation by the FBI's Joint 
> Terrorism Task Force. The men, who have no history of violent activity, were subpoenaed to appear before a federal 
> grand jury on July 29, which prevented them from traveling to Boston to protest at the Democratic National Convention 
> as they had planned. For more on that story, go to http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=16248&c=282

> In addition to Beeson, the five men in today's case are represented by Jameel Jaffer of the ACLU and Arthur 
> Eisenberg, Legal Director of the NYCLU.

> The Secret Service subpoena is online at: <http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=16330&c=206>
>
> The ACLU letter to the Secret Service is online at:  <http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=16336&c=206>
>
> Statements from the web host and three of the Indymedia administrators are online here:
> Micah Anderson - <http://www.aclu.org/FreeSpeech/FreeSpeech.cfm?ID=16338&c=86>
> Nicholas Merrill - <http://www.aclu.org/FreeSpeech/FreeSpeech.cfm?ID=16332&c=86>
> Brian Szymanski - <http://www.aclu.org/FreeSpeech/FreeSpeech.cfm?ID=16331&c=86>
> Matt Toups - <http://www.aclu.org/FreeSpeech/FreeSpeech.cfm?ID=16334&c=86>
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