FC: ACLU will defend "cphack" mirror sites in court on Monday

[Declan McCullagh <declan () well com>]

The ACLU is representing three "cphack" mirror site operators who received 
subpoenas in the Mattel/CyberPatrol case. This afternoon ACLU attorneys 
filed documents to quash the subpoenas and oppose Mattel's request for a 
preliminary injunction. There will be a hearing in federal court in Boston 
at 2 pm Monday:
  http://www.politechbot.com/cyberpatrol/

I sent Mattel my request for an extension on replying to my subpoena this 
afternoon:
  http://www.politechbot.com/cyberpatrol/reply-to-schwartz.txt

Mattel is still sending out bulk email subpoenas. I got this note a few 
minutes ago:

> I host the site [URL deleted --DBM] on my computer at home. About an hour 
> ago, I was served with a restraining order commanding me to remove 
> everything related to Cyber Patrol. Since you seem to know a lot about 
> this case, I was wondering if you knew whether or not this commandment is 
> backed by the courts. I see no reason to take the site down, I don't feel 
> I am doing anything immoral or illegal, but I also don't want the FBI to 
> raid my home and smash up my computer.

-Declan


http://www.politechbot.com/cyberpatrol/ap.032400.txt

March 24, 2000; Friday  2:47 AM, Eastern Time
Judge Allows Delivery by E-Mail
Associated Press
BY TED BRIDIS / DATELINE: WASHINGTON

    That familiar e-mail greeting may start showing up with a novel twist:
''You've got a subpoena!''

   Dozens of electronic messages racing across the Internet this week carried
what's believed to be an unprecedented payload a subpoena and other documents
approved by a judge warning that the recipient's Web site may be violating a
federal court order.

   Supporters applaud the idea, saying it allows attorneys to respond in
accelerated ''Internet time'' to new issues of law and technology. Critics say
it's unworkable because e-mail can be falsified or forged so easily. And unlike
with human delivery, it can be nearly impossible to verify that an e-mail
subpoena was served successfully.

...

   Schwartz said he plans also to send physical copies of the documents via
registered mail.

   ''It has come to our attention that your Web hosting service or Web site is
publishing one or both of these prohibited files,'' Schwartz's e-mail said. He
also included a subpoena demanding electronic logs identifying the people who
downloaded the files.

   ''It makes sense. You want to put people who might conceivably be in
violation of a court order that they're on notice,'' said Schwartz, who sent
dozens of the e-mails and received a few ''snooty messages'' in reply.

   Among those who received the e-mail was Declan McCullagh, a 
Washington-based
journalist for Wired who also manages an Internet discussion list about
technology policy issues, where Microsystems' actions were roundly condemned.

   McCullagh published on his personal Web site archived messages about the
controversy. He criticized Schwartz's e-mails as ''subpoena spam'' and ''a
shotgun approach to discovery.''

   ''Obviously, the Internet makes it easier to distribute this stuff, so it
makes sense that lawyers are responding to Internet problems with Internet
solutions, but in this case they've gone too far,'' McCullagh said. ''E-mail is
easy to forge,'' he added. ''I can't even be certain it really did come from a
real lawyer.''

   Schwartz said the judge's permission was crucial, as it granted him the
ability to send subpoenas as quickly as new mirror sites were published on the
Internet.

   ''It provides a medium to serve the court's order at Internet speed as
opposed to snail mail or even worse, by courier,'' Schwartz said.


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