SAN FRANCISCO, Feb. 20, 2008

Free Speech Has A Number: 88.80.13.160

Whistleblower Web Site Flourishes Overseas Despite Judge's Order To Block Domain Name

  • Photo

     (Wikileaks/Keystone, A. Della Bella)

(CBS/AP)  The whistleblower site Wikileaks.org has found itself in the center of a storm of protest by Internet activists and libertarians over a court-ordered shutdown.

"Shutdown" isn’t quite the word, and therein lies the unique situation in which the Web site currently exists.

Wikileaks claims to have posted 1.2 million leaked government and corporate documents that it says expose unethical behavior, including a 2003 operation manual for the U.S. prison at Guantanamo Bay, Cuba.

Last week, under pressure from a Swiss bank which said a disgruntled ex-employee had posted stolen documents on the site, Wikileak's San Mateo, Calif.-based hosting company, Dynadot, agreed to turn off the site and prevent Wikileaks from transferring its domain name to another host.

The Zurich-based Bank Julius Baer & Co. claimed in court papers that a former executive stole the documents, and in some cases altered some of them, though it gave no details. It said the documents were illegally posted to www.wikileaks.org.

The papers allegedly point to money laundering and tax evasion schemes at the bank's Cayman Islands branch. According to Wikileaks, they refer to "extremely wealthy and in some cases, politically sensitive" clients from the U.S., Europe, China and South America.

The next day, U.S. District Court Judge Jeffrey White issued a series of rulings demanding Dynadot shut down Wikileaks. He also ordered Dynadot to disable Wikileak's Web address ("Oops! We can’t find the webpage you're looking for"), and prevent the transfer of the domain name to another registrar.

Most chillingly, the judge ordered Dynadot to turn over the "IP addresses and associated data used by any person, other than Dynadot, who accessed the account for the domain name" - in effect, parting the curtain behind which anonymous whistleblowers have been passing documents.

Wikileaks said in a statement that shutting down the entire Web site - instead of narrowly ordering the removal of the disputed materials - amounts to unconstitutional "prior restraint" by the government of an entire publishing organization.

"This is akin to seizing all the copies of The New York Times, locking the doors and ordering the landlords not to let anyone back in the building," said Julie Turner, a Palo Alto Internet attorney who briefly represented Wikileaks (but not during last week's hearing in front of White). Wikileaks was not represented at that hearing.

Quote

This is akin to seizing all the copies of The New York Times, locking the doors and ordering the landlords not to let anyone back in the building.

Julie Turner, Internet attorney
Wikileaks vowed to continue publishing the bank's documents on mirror sites in other countries, such as England (Wikileaks.org.uk), Belgium (Wikileaks.be) and Germany (Wikileaks.de).

David Ardia, an Internet speech expert at Harvard Law School, said a court has never before ordered an entire Web site shut down over a document dispute. He said it struck a nerve.

"This is a prior restraint in the most extreme fashion," Ardia said. "This is a judge who doesn't have a good understanding of the Internet."

Wikileaks' Web site says it was launched by Chinese dissidents, journalists and others, but it's unclear where the organization is based.

"The order is clearly unconstitutional and exceeds its jurisdiction," Wikileaks spokesman Julian Assange said in the e-mail statement issued from Paris on Monday. "Wikileaks will keep on publishing. In fact, given the level of suppression involved in this case, Wikileaks will step up publication of documents pertaining to illegal or unethical banking practices."

The judge's ruling has galvanized Web sentiment in a way that Bank Julius Baer probably didn’t anticipate.

Although the domain name is disabled, an online movement has begun to publicize and link to the IP address directly, with more and more blogs and Web sites linking to 88.80.13.160, where Wikileaks' files can be found, hosted by a Stockholm, Sweden firm called PRQ Inet.

Somewhat ominously, but not necessarily connected, the hosting company was hit by a denial of service attack on Saturday, and a fire briefly took the servers offline.

The judge has scheduled more arguments on the issue for Feb. 29.

© MMVIII, CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.

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Add a Comment See all 22 Comments
by inventagod February 21, 2008 9:25 AM PST
''Most chillingly, the judge ordered Dynadot to turn over the ''IP addresses and associated data used by any person, other than Dynadot, who accessed the account for the domain name''

http://88.80.13.160/wiki/Wikileaks
Reply to this comment
by inventagod February 21, 2008 9:41 AM PST
Nothing generates more interest in something than prohibition!

This website deals with corruption and whistleblowers - there is sure to be some grains of truth there.

This judge certainly does not understand the internet....

88.80.13.160
Reply to this comment
by oleander8 February 21, 2008 10:07 AM PST
There''s big money behind this judges decision - unbelievable!
Reply to this comment
by rf35 February 21, 2008 1:14 PM PST
This ruling needs to be reversed or struck down by a higher court. It sets a dangerous precedent. The individual stolen bank documents could have been ordered removed, but shutting down the entire site amounts to an attempt at government censorship of the Internet. Are we suddenly living in China?
Reply to this comment
by bwessels February 21, 2008 1:41 PM PST
Wikileaks does not get it. The Constitution is just a "d*mn piece of paper." Your rights have been removed in a "signing statement." Prior restraint is now 100% legal. So is Stalin-style citizen surveillance. Get used to it, comrade. Or is this where we say, "seig heil, Bush?"
Reply to this comment
by gunownerdan February 21, 2008 1:55 PM PST
"Today we need a nation of minute men; citizens who are not only prepared to take up arms, but citizens who regard the preservation of freedom as a basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom. The cause of liberty, the cause of American, cannot succeed with any lesser effort."
-- President John F. Kennedy, January 29, 1961
Reply to this comment
by lochlan-2009 February 21, 2008 3:14 PM PST
The question is how can this judge possibly excuse his actions without pointing out the string pullers that forced his hand? Thanks judge for whistleblowing your violations to the world so the rest of us can go find the site and see what the political elite are trying to make sure the rest of us don''t see.
Reply to this comment
by random_radar February 21, 2008 3:36 PM PST
Wow, I am surprised that this article got published. Can we expect to see a shake up in management at cbsnews.com soon? Or maybe a "suicide" by the unnamed reporter who posted the story?

The judge obviously knows what he needs to do, but apparently a few other people haven''t been talked to yet to clarify their obligations to the rich and powerful.

Its stories like these that almost make me think we still live in a free country. Almost, but not quite...
Reply to this comment
by inventagod February 21, 2008 4:15 PM PST

Gee whiz - maybe I will go to the sites to see why a judge would want to shut them down.

OK, I am back, and although someone in government probably recorded my IP while there, it seemed that the presumed guilty at Wikileaks are not as guilty as those they are exposing.

Why a judge would not just remove the offending post is beyond me, unless some ''extremely wealthy and in some cases, politically sensitive'' clients from the U.S., Europe, China and South America'' are lining this guys pockets with $$$
Reply to this comment
by rushman71 February 21, 2008 4:26 PM PST
"You want the truth!!! You can''t handle the truth!!!"
Reply to this comment
by pilgrimsway-2009 February 21, 2008 6:07 PM PST
If there was a secret radical Muslim in the white house as president what would He CHANGE? Would He CHANGE the way to make it easy for terrorists to get into this country to over through this country? Would He CHANGE the laws for any of His kind? Would He hang out with those who supported tyranny? Would He impose martial law? Could He start unjust wars for His hidden ideology? Could His decisions CHANGE the course for America? Would He change your civil liberties? Last of all would He change your right to vote? Believe me when I say there are no one with hidden agenda%u2019s in this world! If there was a secret radical Muslim in the white house as president what would He CHANGE?
Reply to this comment
by voidmaster-2009 February 21, 2008 6:12 PM PST
Open defiance of an order such as this is really the only effective way of combating this type of high-handed and illegal government interference. I operate a web site of my own and will by the end of the day post a very conspicuous link to wikileak.org; well actually directly to their IP address: 88.80.13.160.
Reply to this comment
by pilgrimsway-2009 February 21, 2008 6:52 PM PST
There is someone bigger than Obama and Hillary? For information to be released on John Mcain and not Obama, on both of their affairs, it goes to prove there is a whole slanting being guided. I hope I am allowed to post this!

Reply to this comment
by yongamerica February 21, 2008 10:32 PM PST
What we have here is a failure to communicate.
By forcing US citizens to have passports to travel to Canada and Mexico, The Bush administration has affectively made every US citizen a prisoner in their own country.

Here again, by this "judge" who really knows better, has made another example of why neoconservatism is detrimental to the very foundations the US is based upon. It will be interesting to find out who approved this clown as a federal judge.
Reply to this comment
by brianbwb-2009 February 21, 2008 11:05 PM PST
When visiting the site to express your dupport of freedom of speech, don''t forget to read some of the articles, especially the ones about Iraq, government misconduct, and corporate sleaze, then take whatever actions you deem appropriate to pressure your representative lawmakers to end such practices, and hold guilty parties fully and personally responsible.

Help wikileaks stand for something more than just your defiance of government gag orders.
Reply to this comment
by brianbwb-2009 February 21, 2008 11:08 PM PST
"It will be interesting to find out who approved this clown as a federal judge." Posted by yongamerica

Judge Jeffrey White is, of course a Bush appointee, did you think any different?
Reply to this comment
by brianbwb-2009 February 21, 2008 11:10 PM PST
Oops, meant support, my coffee hasn''t kicked in yet.
Reply to this comment
by michellem99-2009 February 22, 2008 12:36 AM PST
It has changed and really I have never heard that they have the power to tell us how to think..I am 53. Freedom to have yer say.. I can''t believe the press is told to write what the govt tell them to. We have a free press as that is what Ben Franklin set up when he founded it in America. Even the voting systems are rigged..I was appalled at that. America is going down the loo.
Reply to this comment
by shanev137 February 22, 2008 5:47 AM PST
How Orwellian.
Reply to this comment
by shanev137 February 22, 2008 5:52 AM PST
WAR IS PEACE
FREEDOM IS SLAVERY
IGNORANCE IS STRENGTH
Reply to this comment
by gunownerdan February 22, 2008 11:13 AM PST
"Once a government is committed to the principle of silencing the voice of opposition, it has only one way to go, and that is down the path of increasingly repressive measures, until it becomes a source of terror to all its citizens and creates a country where everyone lives in fear."
-- President Harry S. Truman, August 8, 1950

"Today we need a nation of minute men; citizens who are not only prepared to take up arms, but citizens who regard the preservation of freedom as a basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom. The cause of liberty, the cause of American, cannot succeed with any lesser effort."
-- President John F. Kennedy, January 29, 1961
Reply to this comment
by kaiyo4u February 22, 2008 11:26 PM PST
Not real cloak and dagger (at least what I have read so far). It is very nice though to be able to post something about someone or something that you "know" is illegal and not have to fear reprisal from those involved in our illegal activities.

If we can do jail time for lying to the "government", Why do our legislators get away with it?
We are the government aren''t we?
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