US Seizes Independent Media Servers in Britain

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US Seizes Independent Media Servers in Britain

Indymedia UK Call for Solidarity: October 13
"An unacceptable attack on press freedom, free speech and privacy."

The FBI has seized two servers from Britain, resulting in the shutting-down of more than 20 websites that formed part of the Independent Media Centre (IMC or Indymedia) network, according to reports. The servers also host the streams for several radio stations as well as data for various other projects.

Since 1999, Indymedia sites have been reporting on political and social justice issues, which are often under- or dis-represented in the mainstream media. They are also open forums where any reader can publish comments and contributions.

On October 7, the FBI issued an order to San Antonio-based web hosting provider Rackspace in the US, ordering it to turn over two of the servers hosting the Independent Media Centre's websites in Britain. Rackspace states that it complied with a court order "pursuant to a Mutual Legal Assistance Treaty, which establishes procedures for countries to assist each other in investigations such as international terrorism, kidnapping and money laundering." The order prevents Rackspace from divulging the reasons for the seizure and to whom the servers were given.

Indymedia was not informed prior to this action, and have still not been given any information why the hardware was taken, by whom and who holds it now. Indymedia said the list of local media collectives affected included 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.

As of Monday, October 11, five of the downed websites have been restored, including Brazil, Euskal Herria, Poland, UK and Nice. However, it is known that at least three of them (Uruguay, Italy and Nantes) have suffered data loss as a result of the seizure.

Although the reason for the seizure still remains unclear, it is suggested by reports that it was carried out at the request of Italian and Swiss authorities. Indymedia has one principal idea for what prompted the action. The French site Indymedia Nantes published photographs in September of what it believed to be undercover Swiss police officers photographing protesters at a French event. Indymedia received a request from the FBI to remove those photos, as they "revealed personal information" about the undercover police, Indymedia press officer Hep Sano is reported as saying. However, Indymedia has never sorted out the matter with the FBI. "They never clarified what they meant by personal information," she said. "The photos were taken on a public street." IMC volunteers in Seattle were visited by the FBI on the same issue, it is reported.

While this may be the case, Indymedia says the raids were part of a wider pattern of attacks against independent media outlets by the US Federal Government authorities over recent months. Earlier incidents with the FBI, CIA or other US authorities cited by Indymedia include the following: shortly before the Republican National Committee in New York, August, the FBI attempted to retrieve IP logs from one of Indymedia's internet service providers at their offices in the US and in Amsterdam; Free Radio Santa Cruz was raided by the Federal Government; Indymedia had to fight Diebold's legal attempt to silence discussions about electronic voting (e-voting); and Cyprus IMCista was investigated by US Intelligence Services. Last month the US Federal Communications Commission shut down community radio stations around the US.

The seizure has sparked off protests from journalist groups. "We have witnessed an intolerable and intrusive international police operation against a network specialising in independent journalism," said Aidan White, General Secretary of the International Federation of Journalists (IFJ), the global organisation representing over 500,000 journalists worldwide. "The way this has been done smacks more of intimidation of legitimate journalistic inquiry than crime-busting."

The Association for Progressive Communications (APC) have condemned the "arbitrary" seizure of Indymedia web servers by US and European law enforcers. "We are disturbed by the apparently arbitrary and extreme measures taken to silence an independent internet-based source of information," said Anriette Esterhuysen, APC’s Executive Director. "This is a violation of freedom of expression across international frontiers."

Indymedia has engaged the Electronic Frontier Foundation for legal support. In the US, the civil liberties group the Electronic Frontier Foundation (EFF) said it was working with Indymedia over how to react to the seizures.

"This seizure has grave implications for free speech and privacy. The [US] Constitution does not permit the government unilaterally to cut off the speech of an independent media outlet, especially without providing a reason or even allowing Indymedia the information necessary to contest the seizure," said EFF Staff Attorney Kurt Opsah. "We are exploring all avenues to hold the government accountable for this improper and unconstitutional silencing of independent media."

The question has also been raised as to Britain's role. Tony Bunyan, editor of Statewatch, comments:

"Rackspace may be a US company but Rackspace in London is subject to UK law not US law. If they took down and handed over Indymedia's servers simply on the basis of a US subpoena communicated to them this would not be lawful in the UK. However, it seems more likely that the US subpoena was the subject of a request for mutual legal assistance from the US Attorney General to the UK Home Secretary under the MLA Treaty. It would be for the Metropolitan Police, probably accompanied by the FBI, to enforce the request and take possession of the servers. This begs the questions: Why did the Home Office agree? What grounds did the USA give for the seizure of the servers? Were these grounds of a ‘political’ nature? Has the Home Office requested that the servers be returned? What does this action say about freedom of expression and freedom of the press? A trail that started in Switzerland and Italy has now ended fairly and squarely in the lap of the UK Home Secretary to justify."

The seizure of the IMC servers represents a serious step along the road of suppression of basic rights and freedoms. It is a further step along the road that only the ideology which serves the ruling circles is to be allowed, only the disinformation which aims to keep the people disinformed and disorientated is to be promoted, that only the state should be the arbiter in what news is acceptable and what is not, that the people have no role to play in history, that the right to conscience is to be suppressed, that the independent voice of the working class and people should be stifled.

In this case, the act has been so arbitrary that no pretext has even been officially given; it is all left to speculation. People are being kept almost completely in the dark, while their means for an independent voice is stifled. At least, this is the attempt. It is a political statement by the authorities to declare what they can do to those who will not tow the line, in order to keep people in check. It also exposes the collusion between the US and various European states including Britain to this aim. It is an act of desperation by the ruling circles as they increasingly fail in their attempts to mould public opinion to their own ends.

Showing that the people’s forces must redouble their efforts to develop their independent media, strengthen their own social forms and relations, and target the system where those in authority act with arbitrary power against the people, this dictatorial act has rightly been met with widespread outrage and condemnation, as well as remedial action, by Indymedia and all progressive people. It must not pass.

On 7 October 2004 two Indymedia Web Servers were seized from the US-owned web hosting company Rackspace operating in London (UK), at the request of the US Justice Department, which apparently acted at the prompting of Italian and Swiss authorities.

Indymedia is a global alternative media network that provides challenging and independent reporting, particularly of political and social justice issues, with a newswire where any member of the public can publish their own reports and articles.

The seizure of the servers in London shut down around 20 different Indymedia websites including Ambazonia, Uruguay, Andorra, Poland, Western Massachusetts, Nice, Nantes, Lilles, Marseille, Euskal Herria (Basque Country), Liege, East and West Vlaanderen, Antwerpen (all Belgium), Belgrade, Portugal, Prague, Galiza, Italy, Brazil, UK, and parts of Germany Indymedia. Many are still offline, those few that have returned have suffered data loss.

The particular legal framework under which the seizures took place is unknown. Five Days after the seizures there is still an almost total information blackout from the authorities in the UK, US, Switzerland and Italy. Indymedia still has no confirmation of who ordered the seizures, who took the servers in London, why the seizures took place, where the servers are now located, and whether they will be returned.

We are concerned over the growing use of international co-operation frameworks by Governments and Law enforcement agencies which can be used to obscure clear legal process, and call for openness and clarity in international co-operation, to ensure due process and that civil liberties are protected.

Statements of support for Indymedia and condemnation of the shutting down of over 20 Media outlets have been received from The Electronic Frontier Foundation, The International Federation of Journalists, the National Union of Journalists, Reporters Without Borders, World Association of Community Radio Broadcasters and many other organisations.

Indymedia UK condemns the seizure of the servers as an unacceptable and unprecedented attack on press freedom, free speech and privacy and asks for urgent solidarity action in demanding:

RECOMMENDED ACTION:

Please write to the British Home Secretary and the US Attorney General:

1. Expressing grave concern at the action taken against Indymedia.

2. Demanding the immediate return of the servers to Indymedia with all data intact.

3. Requesting a full investigation into the circumstances and legality of the action taken to seize the Indymedia servers and to close Indymedia websites, with the disclosure of the names of the organisations and individuals involved in the seizure.

APPEALS TO:

Rt Hon David Blunkett MP
Home Secretary
The Home Office
London - UK
Email: public.enquiries@homeoffice.gsi.govSTOPSPAM.uk

John Ashcroft
Attorney General
US Department of Justice
Washington - USA
Email: askdoj@usdojSTOPSPAM.gov

Please send copies of letters to: imc-uk-contact@lists.indymediaSTOPSPAM.org

Organisations and individuals are also encouraged to issue their own statements in support of Indymedia and against the seizure of the servers. Please send copies to: imc-uk-contact@lists.indymediaSTOPSPAM.org

Additionally organisations and individuals can add their statements of support here:
http://www.indymedia.org.uk/en/2004/10/298931.html

For background on the Server Seizures see:
http://indymedia.org/en/static/fbi
http://www.indymedia.org
http://www.indymedia.org.uk