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News :: Civil & Human Rights : Government Secrecy : International Relations : Media : UCIMC |
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Government Responds to Motion to Lift Veil of Secrecy Concerning Indymedia Server Seizure. |
Current rating: 0 |
by Sascha Meinrath
Email: sascha (nospam) ucimc.org (unverified!) |
09 Nov 2004
Modified: 05:04:23 PM |
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The United States Government responded to a motion filed by the Electronic Frontier Foundation and the Urbana-Champaign Independent Media Center Foundation to lift the veil of secrecy surrounding the seizure of two Indymedia servers last month. The US Government claims that (1) the movants have no standing; (2) that the MLAT, as a treaty obligation, supersedes the law cited in the EFF/UCIMC motion; and, (3) that there is an ongoing investigation that needs to be kept secret. |
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 IndymediaServerSeizure_govt_response.pdf (245 k) |
The case number is SA-04CA0676-OG.
The three main points of the US Government's filing are:
1. None of the Movants have standing to file the Motion to Unseal [because] the subpoena at issue was served on Rackspace in San Antonio, Texas.
2. ...pursuant to Article 8 of the treaty between the United States and the requesting country... "If deemed necessary, the Requesting State may request that the application for assistance, the contents of the request and its supporting documents, and the granting of such assistance be kept confidential". Such a request has been made to the United States by the Requesting State.
3. ...the United States would show that the sealed documents pertain to an ongoing criminal terrorism investigation. The unsealing of the documents on file in this matter would seriously jeopardize the investigation. The non-disclosure is necessitated by a compelling government interest. |
This work is in the public domain |
