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<P>www.cryptome.org
<P>8 October 2004. Ms. Drusch responds for Rackspace:
<BLOCKQUOTE><PRE><FONT size=2>Subject: RE: Media Inquiry on Indy Media
Date: Fri, 8 Oct 2004 13:45:30 -0700
From: "Annalie Drusch" <adrusch@rackspace.com>
To: "John Young" <jya@pipeline.com>
Hi John--
All I am able to provide is a statement we've prepared:
In the present matter regarding Indymedia, Rackspace Managed Hosting, a
U.S. based company with offices in London, is acting in compliance with
a court order pursuant to a Mutual Legal Assistance Treaty (MLAT), which
establishes procedures for countries to assist each other in
investigations such as international terrorism, kidnapping and money
laundering. Rackspace responded to a Commissioner's subpoena, duly
issued under Title 28, United States Code, Section 1782 in an
investigation that did not arise in the United States. Rackspace is
acting as a good corporate citizen and is cooperating with international
law enforcement authorities. The court prohibits Rackspace from
commenting further on this matter.
For additional information on the MLAT, please visit
<A href="http://library.lp.findlaw.com/articles/file/00297/002460/title/Subject/topic/Criminal%20Justice_Extradition%20and%20Detainers/filename/criminaljustice_2_2251">http://library.lp.findlaw.com/articles/file/00297/002460/title/Subject/topic/Criminal%20Justice_Extradition%20and%20Detainers/filename/criminaljustice_2_2251</A>
Annalie Drusch
Director, Corporate Communications
Rackspace Managed Hosting
210.892.4000
</FONT></PRE></BLOCKQUOTE>
<P>Excerpt on the MLAT from Findlaw:
<BLOCKQUOTE>MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS TREATIES (MLATs) and
OTHER AGREEMENTS
<P>Criminal Cases Mutual Legal Assistance in Criminal Matters Treaties: Mutual
Legal Assistance in Criminal Matters Treaties (MLATs) are relatively recent
development. They seek to improve the effectiveness of judicial assistance and
to regularize and facilitate its procedures. Each country designates a central
authority, generally the two Justice Departments, for direct communication.
The treaties include the power to summon witnesses, to compel the production
of documents and other real evidence, to issue search warrants, and to serve
process. Generally, the remedies offered by the treaties are only available to
the prosecutors. The defense must usually proceed with the methods of
obtaining evidence in criminal matters under the laws of the host country
which usually involve letters rogatory. See "Questions" below.
<P>MLAT Treaties in Force:
<P>I. The United States has nineteen Mutual Legal Assistance Treaties (MLAT)
currently in force: Argentina, Bahamas, Canada, Hungary, Italy, Jamaica,
Korea, Mexico, Morocco, Netherlands, Panama, Philippines, Spain, Switzerland,
Thailand, Turkey, United Kingdom (Cayman Islands), United Kingdom, Uruguay.
</P></BLOCKQUOTE>
<P>8 October 2004. J. writes: <PRE><A href="http://www.truthout.org/docs_04/100904W.shtml">http://www.truthout.org/docs_04/100904W.shtml</A> quotes a Rackspace statement
which appears to answer some of these questions. Reproduced below:
Rackspace Statement Regarding Indymedia
By Annalie Drusch
Director, Corporate Communications
Rackspace Managed Hosting
Friday 08 October 2004
In the present matter regarding Indymedia, Rackspace Managed Hosting,
a U.S. based company with offices in London, is acting in compliance
with a court order pursuant to a Mutual Legal Assistance Treaty
(MLAT), which establishes procedures for countries to assist each
other in investigations such as international terrorism, kidnapping
and money laundering. Rackspace responded to a Commissioner's
subpoena, duly issued under Title 28, United States Code, Section 1782
in an investigation that did not arise in the United States. Rackspace
is acting as a good corporate citizen and is cooperating with
international law enforcement authorities. The court prohibits
Rackspace from commenting further on this matter.
</PRE>
<P>Based on this Rackspace statement, the basis of the raid does not appear to
be the photos of Swiss undercover police below, which do not appear to relate to
"international terrorism, kidnapping and money laundering," unless one of these
crimes has been stretched mightily.
<P>"A Commissioner's subpoena" does not make clear whether it is from a US
commissioner or one in another country. Administrative subpoenas can be issued
by many US government departments; they are the lowest level of subpoenas and do
not require court action. US District Court Judge Victor Marerro in a recent
decision described them:
<BLOCKQUOTE>JOHN DOE; AMERICAN CIVIL LIBERTIES<BR>UNION; and AMERICAN CIVIL
LIBERTIES<BR>UNION FOUNDATION,
<P align=right>Plaintiffs,
<P align=center>-- against --
<P>JOHN ASHCROFT, in his official capacity<BR>as Attorney General of the
United<BR>States; ROBERT MUELLER, in his official<BR>capacity as Director of
the Federal<BR>Bureau of Investigation; and MARION<BR>BOWMAN, in his official
capacity as<BR>Senior Counsel to the Federal Bureau of<BR>Investigation,
<P align=right>Defendants
<P>[Excerpt]
<P>1. <U>Administrative Subpoenas</U>
<P>The most important set of statutes relevant to this case are those
authorizing federal agencies to issue administrative subpoenas for the purpose
of executing the particular agency's function. Ordinary administrative
subpoenas, which are far more common than NSLs, may be issued by most federal
agencies, as authorized by the hundreds of applicable statutes in federal law.
For example, the Internal Revenue Service (IRS) may issue subpoenas to
investigate possible violations of the tax code,<SUP>43</SUP> and the
Securities Exchange Commission (SEC) may issue subpoenas to investigate
possible violations of the securities laws.<SUP>44</SUP> More obscure examples
include the Secretary of Agriculture's power to issue subpoenas in
investigating and enforcing laws related to honey research,<SUP>45</SUP> and
the Secretary of Commerce's power to issue subpoenas in investigating and
enforcing halibut fishing laws.<SUP>46</SUP>
<P>____________________
<BLOCKQUOTE><SMALL>43 <U>See</U> 26 U.S.C. § 7602(a). </SMALL>
<P><SMALL>44 <U>See</U> 15 U.S.C. § 78u(b). </SMALL>
<P><SMALL>45 <U>See</U> 7 U.S.C. § 4610a(b). </SMALL>
<P><SMALL>46 <U>See</U> 16 U.S.C. § 773i(f) (2).</SMALL><BR></P></BLOCKQUOTE>
<P>There is a wide body of law which pertains to administrative subpoenas
generally. According to the Government's central theory in this case, those
standing rules would presumably also apply to NSLs [National Security
Letters], even if not so explicitly stated in the text of the statute. Where
an agency serves a court order to enforce a subpoena against a resisting
subpoena recipient, courts will enforce the subpoena as long as: (1 ) the
agency's investigation is being conducted pursuant to a legitimate purpose, (2
) the inquiry is relevant to that purpose, (3 ) the information is not already
within the agency's possession, and (4) the proper procedures have been
followed.<SUP>47</SUP> The Second Circuit has described these standards as
"minimal."<SUP>48</SUP> Even if an administrative subpoena meets these initial
criteria to be enforceable, its recipient may nevertheless affirmatively
challenge the subpoena on other grounds, such as an allegation that it was
issued with an improper purpose or that the information sought is
privileged.<SUP>49</SUP>
<P>____________________
<BLOCKQUOTE><SMALL>47 <U>See</U> <U>United States v. Powell</U>, 379 U.S.
48. 57-58 (1964); <U>Gimbel v. Fed. Deposit Ins. Corp. (In re Gimbel)</U>,
77 F.3d 593. 596 (2d Cir. 1996).</SMALL>
<P><SMALL>48 <U>See</U> <U>United States v. White</U>, 653 F.2d 107, 111 (2d
Cir. 1988); <U>see also</U> <U>Endicott Johnson Corp. v. Perkins</U>, 317
U.S. 501, 509 (1943) (stating that courts must enforce administrative
subpoenas unless the evidence sought is "plainly... irrelevant to any lawful
purpose of the aqency"); <U>United States v. Contruction Prods. Research.
Inc.</U>, 73 F.3d 464. 471 (2d Cir. 1996). </SMALL>
<P><SMALL>49 <U>See</U> <U>Reisman v. Caplin</U>, 375 U.S. 440, 449
(1964).</SMALL><BR></P></BLOCKQUOTE>
<P>Unlike the NSL statutes, most administrative subpoena laws either contain
no provision requiring secrecy, or allow only for limited secrecy in special
cases. For example, some administrative subpoena statutes permit the
investigating agency to apply for a court order to temporarily bar disclosure
of the inquiry, generally during specific renewable increments or for an
appropriate period of time fixed by the court, where such disclosure could
jeopardize the investigation.<SUP>50</SUP>
<P>____________________
<BLOCKQUOTE><SMALL>50 <U>See</U> 12 U.S.C. § 3409(b) (providing for a
court-issued non-disclosure order, in renewable 90-day increments, where an
authorized Government agency subpoenas financial records); 15 U.S.C. § 78u
(h) (4) (A) (providing for a court-issued non-disclosure order, in renewable
90-day increments, in SEC investigations); 18 U.S.C. § 2705(b) (providing
for a court-issued non-disclosure order, "for such period as the court deems
appropriate," where an authorized Government agency subpoenas stored
electronic records) ; 18 U.S.C. § 3486 (a) (6) (A) (providing for a
court-issued non- disclosure order, in renewable 90-day increments, in
investigations of health care fraud or crimes involving exploitation of
children).</SMALL> </BLOCKQUOTE></BLOCKQUOTE>
<P>8 October 2004
<P>Cryptome has sent this inquiry to Rackspace.com on the FBI raid on Indy
Media. Specific information on the raid and its basis is welcomed.
<BLOCKQUOTE><PRE><A href="http://www.rackspace.com/aboutus/contact_us.php">http://www.rackspace.com/aboutus/contact_us.php</A>
Annalie Drusch
Phone 800-961-2888
Intl +1-210-892-4000
Fax 210-892-4329
Email adrusch@rackspace.com
------
To: adrusch@rackspace.com
Date: 10 Oct 2004 2:59 PM EST
Subject: Media Inquiry on Indy Media
Dear Ms. Drusch,
We operate Cryptome.org, an online news website.
Could you provide detailed information on Rackspace cooperation
with governmental authorities to remove Indy Media equipment?
What was the form of the order and/or request to Rackspace?
Was it a court order, a subpoena, a letter, or a verbal request.
If verbal, was it by telephone or by person; who made the
verbal request and who at Rackspace responded.
What was the origin and statutory authority for the order/request?
Did the order/request have a confidentiality provision, and,
if so, what statutory authority was given for that provision?
What was the duration for holding the equipment, and what
was the statuatory authority?
Can you provide copies of official materials served on
Rackspace and your responses?
Your information will be published on Cryptome.org.
Thanks very much,
John Young
Publisher
Cryptome.org
Tel: 212-873-8700
Fax: 212-787-6102
</PRE></BLOCKQUOTE>
<P>8 October 2004. Thanks to A.
<P>This provides information on the FBI confiscation of Indy Media servers in
the UK yesterday:
<P><A href="http://cryptome.org/fbi-imc.htm">http://cryptome.org/fbi-imc.htm</A>
<P>
<HR>
<P>I am sending the URL and translation. Please copy the mirror page ASAP,
as it might not last long.
<P>Here is how Indymedia.org passed along the first message from the ISP to take
the post down. Below that is the translation of the original post to
English -- pretty innocuous. Below that is the URL.
<P>> administering ahimsa server in London <ahimsa-tech a
lists.indymedia.org><BR>> Organization: Indymedia<BR>> To: ahimsa-tech
a lists.indymedia.org, imc-legal a lists.indymedia.org
<P>> I just got this trouble ticket from Rackspace (the ISP hosting<BR>>
the server that hosts Nantes):
<P>> =================================
<P>> Wed Sep 22 10:59:56 2004<BR>> <BR>> Hello,<BR>><BR>> We have
received a complain from the FBI regarding some images<BR>> and material
hosted on your server on the page below.<BR>> <BR>> <A
href="http://nantes.indymedia.org/article.php3?id%20article=3910">http://nantes.indymedia.org/article.php3?id%20article=3910</A>
[Link dead; Cryptome mirror <A
href="http://cryptome.org/fbi-imc/fbi-imc-doc.htm#below">below</A>.]<BR>>
<BR>> Please remove this material immediately and we understand that<BR>>
it contains personal information regarding two Swiss police<BR>> officers as
well as threats against them.<BR>> <BR>> Regards,<BR>> <BR>>
Jennifer O'Connell<BR>> Rackspace AUP
<P>---------------------------------------------------------------------------------------------------------------------------------------
<P>TRANSLATION
<H3>Photographs of 2 police officers (G8 unit) </H3>
<P>HTML23.09.2004, 12:57
<P>von geneX
<P>GENEVA post-G8: Videos, photographs and testimonies; All is set to track
law-breakers and hooligans. A carefully planned work continued today by
two inspectors, which has led to 200 arrests so far.
<P>The G8 police force unit had been dissolved in December 2003; however, it
took up service again, in smaller numbers -- two inspectors.
<P>These inspectors view films and photographs received from informers and from
other police officers.
<P>They come to the streets of Geneva where they plan on finding
"law-breakers/hooligans."
<P>They take new photographs -- perhaps to make a database of activists because
they think that they can be the future "law-breakers/hooligans" of future riots
in Geneva?
<P>As one of the 2 inspectors says to another: "I saw two of my colleagues being
lynched during meetings again OMC, in 1998 (tells an inspector) I will be never
able to forget."
<P>It is not the only thing which the police officer will not forget!
Because "Il n'y a pas que le Carpacio comme plat qui se mange froid!" (A French
expression. The idea is "the memories are not forgotten" or "resentments
are not forgotten.")
<P>END OF TRANSLATION
<P>---------------------------------------------------------------------------------------------------------
<P>At the following URL there is a copy of the Nantes Indymedia post 3910:
<P><A
href="http://www.andrew.cmu.edu/user/mtoups/nantes/copsinnantes.htm">http://www.andrew.cmu.edu/user/mtoups/nantes/copsinnantes.htm</A>
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