Old October-9th-2004, 05:53 AM   #1
Nathaniel Catchpole
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Indymedia Servers Seized by FBI

Very bad this, 27 days before the election, and outside FBI jurisdiction which must mean the UK government has given them a helping hand. It's just being reported in a few Texas and Californian newspapers now, not in any major media here or in the States. Understand many community radio stations in the US were shut down recently as well.


Press Release- Press Release-7 October 2004-FBI Seizes IMC Servers in the UK
Press Release

7 October 2004

FBI Seizes IMC Servers in the UK

US authorities issued a federal order to Rackspace's office in the US ordering them to provide Indymedia's hardware located in London to the requesting agency. Rackspace is one of Indymedia's web hosting providers with offices in the US and London. Rackspace complied, without first notifying Indymedia, and turned over Indymedia's server in the UK. This affects some 20+ Indymedia sites worldwide.

Since the subpoena was issued to Rackspace and not to Indymedia, the reasons for this action are still unknown to Indymedia. Talking to Indymedia volunteers, Rackspace stated that "they cannot provide Indymedia with any information regarding the order." ISPs have received gag orders in similar situations which prevent them from updating the concerned parties on what is happening.

It is unclear to Indymedia how and why a server that is outside the US jurisdiction can be seized by US authorities.

At the same time a second server was taken down at Rackspace which provided streaming radio to several radio stations, BLAG (linux distro), and a handful of miscellanous things.

The last few months have seen numerous attacks on independent media by the US Federal Government. In August the Secret Service used a subpoena in an attempt to disrupt the NYC IMC before the RNC by trying to get IP logs from an ISP in the US and the Netherlands. Last month the FCC shut down community radio stations around the US. Two weeks ago the FBI requested that Indymedia takes down a post on the Nantes IMC that had a photo of some undercover Swiss police and IMC volunteers in Seattle were visited by the FBI on the same issue. On the other hand, Indymedia and other independent media organisations were successfull with their victories for example against Diebold and the Patroit Act. Today however, the US authorities shut down IMCs around the world.

The list of affected local media collectives includes Ambazonia, Uruguay, Andorra, Poland, Western Massachusetts, Nice, Nantes, Lilles, Marseille (all France), Euskal Herria (Basque Country), Liege, East and West Vlaanderen, Antwerpen (all Belgium), Belgrade, Portugal, Prague, Galiza, Italy, Brazil, UK, part of the Germany site, and the global Indymedia Radio site.

http://italy.indymedia.org/press_release_en.html

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Old October-9th-2004, 07:29 AM   #2
Ed the Happy Clown
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And of course, not a peep from the more uncritical Kerry shills.

"Now the three things they try to say I've changed position on are the Patriot Act. I haven't, I support it." - John F. Kerry, October 8, 2004
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Old October-9th-2004, 08:33 AM   #3
Tom Storer
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There is a part of the Patriot Act which specifies that the federal government can order ISPs to provide all records of their clients, and that such orders cannot be challenged and can never be disclosed. A federal judge recently struck down this provision as anti-constitutional in two ways: one, the constitution guarantees the right to challenge government actions in court, and two, the constitution forbids prior constraint on speech. However, the government appealed the ruling and I guess it can still act on that provision pending the outcome of the appeal. Perhaps they're hurrying up and getting as much done as they can before the courts force them to stop.

Meanwhile, thanks to their damnable passion for secrecy, the US government gives no indication of why they want to look at the Independent Media Center's hard disk. Freedom and democracy on the march.

And the Happy Clown is right: Kerry gives no impression that he wants to junk the Patriot Act, even the most objectionable parts, such as this.
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Old October-9th-2004, 08:49 AM   #4
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This is just up on the Independent Media Center site (in French, translated--the English version was unavailable, perhaps due to servers being seized?):

Italy and Switzerland behind seizing of Indymedia servers

On October 8, 2004, Indymedia learned that the request to seize Indymedia servers hosted by an American company in the UK came from public authorities in Italy and Switzerland. Over 20 Indymedia sites, several Internet streaming radios, and other projects were hosted on the servers. They were taken off line on October 7 after Rackspace, Inc., one of Indymedia's web hosting providers, received a federal order to this effect.

Indymedia still doesn't know the reasons for the order or who is now in possession of the servers.

According to releases from an Italian press agency and an Agence France-Press (AFP) interview with Joe Parris, an FBI spokesman, the FBI was acting on a request from Italy and Switzerland. "This is not an FBI operation," Parris declared to the AFP. "The action was on behalf of another country, through a legal assistance treaty."

On October 8, Rackspace published a statement indicating that they had handed over the servers following an order based on the Mutual Legal Assistance Treaty. This treaty defines mutual assistance procedures among countries for investigations relating to international terrorism, kidnapping, and money laundering. The court prohibited Rackspace from saying any more on the subject.

An Indymedia system administrator said: "We don't know if Rackspace was ordered to keep silent, or what legal restrictions were imposed on them to make them act this way, or if their legal department had enough time to study the request."

Aidan White, general secretary of the International Journalists' Association, said: "We are witnessing an intolerable and intrusive international police operation against a network specialized in independent journalism. The way this is being carried out feels more like intimidation of legitimate investigative journalism than a criminal investigation."

Indymedia condemns the fact that, 24 hours after two complete servers were taken off line, Indymedia has still obtained no information on the reasons for this court order.

The disconnection of the 2 servers has affected over 20 Indymedia sites in different countries, as well as several projects that have no link to Indymedia. Indymedia considers that this extremely intrusive operation is a serious threat to freedom of expression throughout the world.

Indymedia insists that its servers be returned, because every day they are out of operation and Indymedia's irreplaceable data is inaccessible increases the material damages suffered by Indymedia throughout the world.
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Old October-9th-2004, 11:14 AM   #5
Sergio Zamora
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The Italian and Swiss government asked the a US agency to assist in a seizure in the UK?

I'll give them the benefit of the doubt for a week or two that, no matter how absurd it sounds, they actually a good reason to seize Indymedia's servers as part of the war on terrorism. I'll even give them the same timespan for benefit of the doubt that this was so bad that they had a good reason to not inform Indymedia of the reasons. I'm really stretching here.

But hey, you all shouldn't whine about rights and constitution and so on until it happens to you. That's the message from the Right.
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Old October-10th-2004, 06:09 AM   #6
Nathaniel Catchpole
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Indymedia thinks the reason for the seizure was that Swiss Indymedia posted some photos of cops/agents who were taking photos at a demo - in other words, photos of people taken in a public place. The request was for them to remove "personal information" about the cops/agents, which was never actually on the site, only the photos, so they ignored it - they were asking them to take down something that wasn't there.

I think something of this magnitude certainly requires the use of anti-terrorist legislation. And it must be an isolated occurrence backed up by hard intelligence.

Or not:


Longest-Standing Pirate Radio Station Free Radio Santa Cruz Shut Down by FCC



Pirate radio station Free Radio Santa Cruz which had been operating without a license for nearly 10 years, was raided yesterday for the first time and shut down. We go to Santa Cruz to speak with two of the station's longtime programmers. [includes rush transcript] Yesterday morning at 9:20 in Santa Cruz, California, two dozen armed federal agents with automatic weapons and riot gear raided pirate radio station Radio Free Santa Cruz. The station had just finished airing its regular broadcast of Democracy Now! when the agents arrived on the scene. Moments after the initial raid, 5 agents from the Federal Communications Commission arrived on the scene.

They located the transmitter and seized all of the station's broadcast equipment, including the antenna. More than 50 local residents showed up on the scene to protest the shut-down of the independent radio station. Free Radio Santa Cruz has been on the air, operating without a license for nearly 10 years and has never been raided before yesterday. Despite its unlicensed status, the station recently won a resolution of support from the Santa Cruz City Council.

http://www.democracynow.org/article....=thread&tid=25
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Old October-10th-2004, 12:09 PM   #7
Sergio Zamora
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Scary
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Old October-10th-2004, 02:21 PM   #8
Nathaniel Catchpole
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This as well, not directly related and I think (hope) coincidental:

>>
A LICENCE TO STEAL FROM THE POOR
01.09.04

The Government today faced criticism from the CMA when Ofcom confirmed the right of new commercial radio stations to slash the revenue of existing community radio stations.

The 'David and Goliath' story of local radio continues. In a week when commercial radio chiefs topped Broadcast Magazine's 'Rich List', the Community Media Association has expressed anger at further measures to protect Commercial Radio stations’ profits from the newly emerging Community Radio sector.

Despite opposition from the Commercial Radio lobby, the Government passed legislation in July which licensed a new tier of not-for-profit Community Radio stations run by and for local people, staffed mostly by volunteers and often involving some of the most disadvantaged groups in society. This followed the success of 15 pilot community radio stations. However, advertising and sponsorship limitations imposed on Community Radio stations where there is a 50% audience overlap with a Commercial Radio station with an MCA (Measured Coverage Area) of 50-150,000 people mean that community stations in many areas will be severely restricted in their ability to achieve financial sustainability. In other areas, where the MCA of a Commercial Station is under 50,000, Community Radio will not be allowed at all.

Today Ofcom confirmed that these restrictions will also apply to areas where Commercial Radio stations are allocated licenses in the future: where there is an existing Community Radio station restrictions will be applied retrospectively, meaning that a well-established community station would suddenly find up to half its income removed at a stroke. There is nothing in the legislation to prevent commercial stations, many of which are members or relay stations of much larger chains, and, as such, not genuinely local, moving in on areas where there are successful Community Radio stations and forcing them to close.

Director of the Community Media Association, Diane Reid, said: "If ever there was a case of the rich being given a licence to steal from the poor, this it is. The Government has promised a review in two years’ time. This blatant injustice must be addressed then."
http://www.commedia.org.uk/articles/010904.htm

Read the Announcement from Ofcom, click he


and from the evening standard
>>

A CRACKDOWN has been launched on pirate radio stations operating across
London.
Councils are seeking court injunctions and anti-social behaviour orders to
ban the rogue broadcasters from the capital.
They are also co-ordinating campaigns to prevent the pirates from escaping
across borough boundaries and displacing the problem.
Tower Hamlets, Hackney, Newham and Barking and Dagenham have joined forces
to tackle a problem that they claim often links directly into drug-dealing.
Gangs use the illegal broadcasts to advertise secret raves, where drugs are
then sold. They terrify residents living in tower blocks where they erect
aerials, and council officials need police protection to carry out raids.
The initiative comes as Hackney prepares to removed its 50th mast of the
year as part of a purge on crack houses and anti-social behaviour.
In addition, industry regulator Ofcom expects that by the end of the year
to have far surpassed the 589 operations it carried out in London in 2003
against pirates.
Evidence gathered by councils has found that illegal operators charge
teenagers around £30 for a short broadcasting slot - which drives them to
petty crime to raise the payment.
Heather Mallinder, head of Tower Hamlets council's anti-social behaviour
unit, who is leading the cross-borough crackdown, said the problem was
concentrated in areas with tower blocks.
But she said the pirates were now also attaching aerials to mobile phone
masts - placing the entire city at risk.
Not only did their broadcasts block TV or phone signals, many high
structures became unsafe and were at risk of falling to the ground.
The illegal radio signals also interfered with frequencies used by the
emergency services - and had the potential to cause problems for planes
using City Airport in east London.
Ms Mallinder said: "When pirate radio operators go into a building and put
their masts up, they tap into the landlord's power supply - which they
don't pay for - and create an awful lot of damage to the roof area.
"Last Friday we went in with police and took away six aerials. But within
the next few hours they were back up again. The trick is to find the
studio. We do that by close working with Ofcom, who monitor the
transmissions.
"It's not cuddly Radio Caroline any more - it's moved away from that. There
are so many commercial radio stations that deal with this kind of music
there is real need for pirate radio stations."
Jamie Carswell, Hackney's cabinet member for housing, said the mast removed
from a block this week - the 49th since January - had not been properly
fastened and could have caused serious injury if it had fallen.
He said: "Pirate radio stations are often considered as harmless, but in
reality they present a danger to the public.
"Anti-pirate work is part of the council's commitment to tackle anti-social
behaviour and we know there is a definite link to illegal broadcasting and
crime."
But the purge is being done hand-in-hand with enhanced security on tower
blocks and an attempt to encourage young disc jockeys to broadcast on legal
community radio stations.
Newham worked with BreakFM, which set up a new band in August to encourage
new talent. This followed the removal of pirate radio equipment from 28
blocks across Stratford, Plaistow, Canning Town and Docklands.
Newham mayor Sir Robin Wales said: "Excellent security measures and good
community intelligence shows the value of working together to prevent the
problem."
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