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"Unethical Behaviour" Site Shut Down By Judge

         

engine

11:45 am on Feb 20, 2008 (gmt 0)

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In a move that legal experts said could present a major test of First Amendment rights in the Internet era, a federal judge in San Francisco on Friday ordered the disabling of a Web site devoted to disclosing confidential information.

Unethical Behaviour Site Shut Down By Judge [nytimes.com]

phranque

12:28 pm on Feb 20, 2008 (gmt 0)

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i wonder if this could possibly have anything to do with publishing guantanamo manuals and iraqi rules of engagement and such.
they didn't really take down the site, they merely disabled the dns.
it's still available by ip address...

ronin

1:54 pm on Feb 20, 2008 (gmt 0)

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Can we look forward to all newspapers and books which publish "confidential" information having their public access limited?

Thank heavens. I was getting so worried about all that information being exposed in the public domain. It could have put pressure on powerful people to think about the way they operate and that wouldn't have been good for any of us.

lawman

2:28 pm on Feb 20, 2008 (gmt 0)

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The Pentagon Papers [en.wikipedia.org] come to mind. The courts didn't shut down the NY Times.

[edited by: lawman at 4:34 pm (utc) on Feb. 20, 2008]

pageoneresults

3:17 pm on Feb 20, 2008 (gmt 0)

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The site, Wikileaks.org, invites people to post leaked materials with the goal of discouraging “unethical behavior” by corporations and governments. It has posted documents said to show the rules of engagement for American troops in Iraq, a military manual for the operation of the detention center at Guantánamo Bay, Cuba, and other evidence of what it has called corporate waste and wrongdoing.

Man, is that a risky business model or what? Kudos to the creators for taking such a stance on this subject. I'm sure they are well aware of the associated risks involved with this type of business model. People go missing because of stuff like this. And, they usually don't show up again. :(

whoisgregg

5:09 pm on Feb 20, 2008 (gmt 0)

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People go missing because of stuff like this. And, they usually don't show up again. :(

This has been true in some countries during some time periods... However, there's absolutely no evidence to suggest that sort of thing is going on in the US today.

Tourz

5:32 pm on Feb 20, 2008 (gmt 0)

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there's absolutely no evidence to suggest that sort of thing is going on in the US today

Check out the video store, dude. Lots there...

martinibuster

5:35 pm on Feb 20, 2008 (gmt 0)

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Nothing was shut down
The site isn't shut down, only that one particular domain was stopped from pointing to the content. The content itself is mirrored on servers located in multiple countries using the same domain name but with different ccTLDs.

The judge did not shut down the site. The judge can not shut down the site.

ronin

5:37 pm on Feb 20, 2008 (gmt 0)

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Not everything is a business model.

willybfriendly

6:39 pm on Feb 20, 2008 (gmt 0)

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Martinibuster is quite right. The site can still be visited by IP address, or by any of several offshore mirrors. Is an interesting place to visit now and then.

whoisgregg

7:27 pm on Feb 20, 2008 (gmt 0)

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Check out the video store, dude. Lots there

For example?

skipfactor

7:49 pm on Feb 20, 2008 (gmt 0)

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>>The judge can not shut down the site.

I was surprised he could lock the domain from registrar transfer.

walkman

4:00 pm on Feb 21, 2008 (gmt 0)



>> I was surprised he could lock the domain from registrar transfer.

I think the registrar was in US.

This is quite different than the Pentagon papers. It is ANYONE publishing anything they get their hands into--stolen corporate secrets, military info, etc. etc. For example, if the material can cause immediate danger to troops (such as "Three submarines are in #*$!x, near the Russian base",) kiss the site bye bye.

Tourz

2:33 am on Feb 22, 2008 (gmt 0)

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People go missing because of stuff like this. And, they usually don't show up again. :(

there's absolutely no evidence to suggest that sort of thing is going on in the US today

Check out the video store, dude. Lots there

For example?

Bourne Ultimatum comes to mind. ;-)

whoisgregg

4:22 pm on Feb 22, 2008 (gmt 0)

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Bourne Ultimatum

I suppose then we also have proof of alien invasions [imdb.com] sitting on the shelves at blockbuster.

Tourz

9:28 pm on Feb 22, 2008 (gmt 0)

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alien invasions

The tabloids have the best investigative reporting on that, according to this source [imdb.com].

But we're getting off the subtopic, there are modern consequences [washingtonpost.com] to information leaks abroad, probably in the USA [public.cq.com] too.

ytswy

10:28 pm on Feb 22, 2008 (gmt 0)

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There's an article [theregister.co.uk] on The Register about this. Not very compliemntary about the technical savy of the judge..

It remains doubtful that Wikileaks will ever be shut down. That's because the site, as reported earlier by the The New York Times Bits blog, is hosted by PRQ, a Sweden-based outfit that provides highly secure, no-questions-asked hosting services to its customers. It has almost no information about its clientele and maintains few if any of its own logs.

Oh yeah, PRQ is also run by Gottfrid Svartholm and Fredrik Neij, two of the founders of The Pirate Bay, the BitTorrent tracker site that, as a frequent target of the Hollywood elite, has amassed considerable expertise in withstanding legal attacks from powerful corporate interests.

lawman

3:54 am on Mar 2, 2008 (gmt 0)

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I guess the judge changed his mind:

[nytimes.com...]

walkman

2:03 pm on Mar 2, 2008 (gmt 0)



yep he did. I wanted to post it but forgot. Looks like he realized that he screwed up. Shutting down the site (well, the attempt to anyway) with no trial is not kosher since the site has to follow the order no matter what. Plus he forgot about the other material which would be shut down as well.

SC:

'Any system of prior restraints of expression comes to this Court bearing a heavy presumption against its constitutional validity.'

[caselaw.lp.findlaw.com...]

ronin

12:08 pm on Mar 3, 2008 (gmt 0)

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I'm genuinely thrilled. This is exemplary action by the USA in defence of Free Speech. Fantastic news. Kudos to Judge White for having the courage to review his own decision.

lawman

5:30 pm on Mar 3, 2008 (gmt 0)

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Hey walkman, now do you see why the Pentagon Papers came to mind?

walkman

5:32 am on Mar 4, 2008 (gmt 0)



yeah lawman. I just took a different path (corporate secrets vs. embarrasing to the Govt' but otherwise harmless info) and ignored the "Shut the NYT down" part :) In this case a "Remove X from your site until trial" *might* have been OK.

Memo to self: read more carefully and argue all points.