U.S. Justice Dept. Asked for IndyMedia’s Visitor Lists
Kevin Bankston writes on the Electronic Frontier Foundation’s website:
Can the U.S. government secretly subpoena the IP address of every visitor to a political website? No, but that didn’t stop it from trying.
In a report released today, EFF Senior Staff Attorney Kevin Bankston tells the story of a bogus federal subpoena issued to independent news site Indymedia.us, and how the site fought back with EFF’s help. Declan McCullagh at CBSNews.com also has the story.
The report describes how, earlier this year, U.S. attorneys issued a federal grand jury subpoena to Indymedia.us administrator Kristina Clair demanding “all IP traffic to and from www.indymedia.us” for a particular date, potentially identifying every person who visited any news story on the Indymedia site. As the report explains, this overbroad demand for internet records not only violated federal privacy law but also violated Clair’s First Amendment rights, by ordering her not to disclose the existence of the subpoena without a U.S. attorney’s permission.
Because Indymedia follows EFF’s Best Practices for Online Service Providers and does not keep historical IP logs, there was no information for Indymedia to hand over, and the government withdrew the subpoena. However, as the report describes, that wasn’t the end of the tale: Ms. Clair wanted EFF to be able to tell the story of the subpoena and shine a light on the government’s illegal demand, yet the subpoena ordered silence. Under pressure from EFF, the government admitted that the subpoena’s gag order had no legal basis, and ultimately chose not to go to court to try to force Ms. Clair’s silence despite earlier threats to do so.
More on EFF.org
