FC: Massachusetts AG serves cryptome.org with subpoena for logs

[Declan McCullagh <declan () well com>]

My favorite two photos of John Young, the estimable operator of cryptome:
http://www.mccullagh.org/image/d30-23/john-young.html
http://www.mccullagh.org/image/12/john-young-cryptome.html

The web page the subpoena asks for logs relating to:
http://cryptome.org/sec-con.htm

---

http://cryptome.org/cryptome-log.htm

   6 January 2003
     _________________________________________________________________
   
   [Received by fax, 6 January 2003.]
   
                     THE COMMONWEALTH OF MASSACHUSETTS
                       OFFICE OF THE ATTORNEY GENERAL
                            ONE ASHBURTON PLACE
                      BOSTON, MASSACHUSETTS 02108-1598
   TOM REILLY
   ATTORNEY GENERAL
   
   
                                                           (617) 727-2200
                                                      www.ago.state.ma.us
   
                                                        December 31, 2002
   
   VIA FACSIMILE (212) 873-8700 [John Young's voice number]
   AND FIRST CLASS MAIL
   
   Cryptome, Custodian of Records
   Attn: John Young
   251 West 89th Street
   Suite 6E
   New York, NY 10024
   
   Enclosed is a Grand Jury subpoena requiring that Cryptome produce
   certain records.
   
   Business records may be admitted into evidence without the requirement
   that the keeper be physically present. In lieu of a personal
   appearance of a member of your staff, copies of the records may be
   delivered to Lt. Dermot Quinn at the following address on or before
   January 16, 2003:
   
     Office of the Attorney General
     Criminal Bureau, 19th Floor
     One Ashburton Place
     Boston, MA 02108
     
   The records should be accompanied by a sworn affidavit attesting to
   their origin, truth and accuracy. A sample affidavit is enclosed.
   
   As this subpoena is related to an ongoing criminal investigation,
   please do not reveal this request to any individual not necessary to
   comply with the supoena or to the subcriber.
   
   Thank you for your attention to this matter. If you have any
   questions, please feel free to call.
   
     Very truly yours,
     
     [Signed]
     
     John A. Grossman
     Assistant Attorney General
     Chief, Corruption, Fruad &
     Computer Crime Division
     
   JAG/lc
   Enclosures
     _________________________________________________________________
   
                            Duces-Tecum Subpoena
                       Commonwealth of Massachusetts
   
                               MIDDLESEX, SS.
                         SUPERIOR COURT DEPARTMENT
   
   To the Sheriffs of our several Counties, or their Deputies, any State
   Police Officer, the Constables or Police Officers of any city or Town,
   and all other officers authorized to serve criminal process in the
   Commonwealth.
   
   GREETINGS:
   
                     You are hereby commanded to summon
   
   Cryptome
   251 West 89th Street, Suite 6E
   New York, NY 10024
   
   (if he/she may be found in your precinct) to appear before the GRAND
   JURY - next to be-holden at CAMBRIDGE within and for our County of
   Middlesex on the 16th day of January A.D. 2003 at 9:00am and from day
   to day thereafter, then and there to give such evidence as he or she
   knows relating to any matters which may be inquired of on behalf the
   Commonwealth before said GRAND JURY in the matter of Commonwealth v.
   John Doe, and bring with him/her all logs recording the I.P. addresses
   and/or users who visited "http://cryptome.org/sec-con.htm"; between
   11/7/02 00:00:00 GMT and 11/14/02 23:59:59 GMT. If no such log exists
   for the specific page in question, please provide any logs that would
   cover the domain together with an explanation of what the log covers.
   
   HEREOF FAIL NOT, and make due return of this Writ, with your doings
   thereon, into the said Court.
   
   WITNESS, my hand, at Boston in the County of Suffolk this 31st day of
   December in the year of our Lord two thousand and two.
   
   A true copy, attest:
   
   [Signed]
   
   Lillan Cox
   
   [Signed]
   
   John A. Grossman
   Assistant Attorney General
   (617) 727-2200 x2842
   
   If you have any questions, please contact John A. Grossman at
   telephone number (617) 727-2200 x2842. A personal appearance is not
   necessary. Please have the requested materials turned over to Lt.
   Dermot Quinn, (fax number 617-727-5761) or any other member or
   representative of the Massachusetts State Police.
   
   RETURN OF SERVICE
   
   Suffolk
                                    2003
   [DEL: Middlesex :DEL] , ss.
                 January 2, A.D. [DEL: 2002 :DEL]
   
   By virtue of this writ, I have summoned the within named witness for
   his/her appearance at by (please check one):
   
   _____  By providing him/her a copy of this writ IN HAND, or;
   
   _____  By leaving a copy of this writ of his/her last and usual place
   of abode, or;
   
   __X_  By mailing a copy of this writ to his/her last and usual place
   of abode, or;
   
   __X_  By faxing a copy of this writ to his/her last and usual place of
   abode.
   
   Signed under the pains and penalties of perjury
   
   [Signed Lillian Cox]
   
   Deputy Sheriff, Court Officer, Constable, Police Officer, or other
   Qualified Person
     _________________________________________________________________
   
-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

CRYPTOME
COMMONWEALTH OF MASSACHUSETTS
AFFIDAVIT

I, John Young, administrator of Cryptome, hereby declare that logs of
Cryptome are deleted daily, or more often during heavy traffic, to
protect the privacy of visitors to the site. Cryptome does not own or
know the location of the machine which hosts its virtual private
server under a service agreement with NTT/Verio.

There are several international mirrors of the files on Cryptome, all
of which, to the best of my knowledge, delete logs to protect privacy
of visitors.

Attested and communicated to the Commonwealth of Massachusetts by
this PGP-signed statement published on Cryptome, 6 January 2003:

http://cryptome.org/cryptome-log.htm

-----BEGIN PGP SIGNATURE-----
Version: PGPfreeware 6.5.8 for non-commercial use <http://www.pgp.com>

iQA/AwUBPhpur83tUCaers1UEQJOFgCdEYHRJZIKKfm2qNwJfxyHpdZYE6EAoKkS
X3t2KCSOi80dzCzaX5ISxPya
=gqbz
-----END PGP SIGNATURE-----
     _________________________________________________________________


----- End forwarded message -----



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