WHIR | BLOGS | WEB HOST NEWS | FIND WEB HOSTS | RESELLER HOSTING | MAGAZINE | WHIR TV | NEWSLETTER | rss feeds
web hosting news - daily web host interviews, insight Jobs | Events | Sitemap | Search 


WEB HOSTING NEWS | BLOGS | INTERVIEWS | EUROPE | EVENTS | WEB HOSTING JOBS

<< Indian Host NetMagic Going Global     Microsoft Launch a Big Production >>


Judge Withdraws Wikileaks Ruling

By Liam Eagle, theWHIR.com

March 2, 2008 -- (WEB HOST INDUSTRY REVIEW) -- Reversing a decision that had drawn criticism from many corners of the Internet, on Friday US District Judge Jeffrey S. White withdrew an order that had previously seen the.org domain of whistleblowing website Wikileaks (wikileaks.org) suspended.

   
Level 1 PCI DSS Certified Service Provider! DataPipe delivers the best network & support; top tier data centers; New York metro, Silicon Valley, London, Hong Kong, Shanghai. DataPipe - Personal Touch, Global Reach.

Responding to a lawsuit brought against the site and its domain registrar Dynadot (dynadot.com) by Swiss bank Julius Baer & Co., White ordered the registrar to suspend Wikileaks' domain name.

The lawsuit concerned articles posted to the Wikileaks site by a former employee of Julius Baer, which allegedly suggested that the bank may have been used for money laundering or tax evasion.

Dynadot complied with the ruling, pulling the .org domain. But the website remained accessible via its IP address and several other country-code domains. Some criticized the registrar for not going to bat for its client against what many considered an unfair or unconstitutional ruling.

Asked for comment, Dynadot responded with a comment from lawyer Garret D. Murai of Wendel, Rosen, Black & Dean, which represents the registrar.

"This case raises First Amendment issues that are for the courts to decide, not my client, Dynadot" said Murai. "The only agreement by Dynadot was to comply with the court's previous order to preserve evidence, including preventing Wikileaks from transferring its domain name to another registrar and from changing its account settings - essentially, to preserve the status quo. Dynadot did not agree to remove the name server settings for Wikileaks.org or to produce any information. This was requested by Julius Baer and granted by the Court."

As of this weekend, the .org domain was resolving to the site once more.

Friday's hearing was reportedly a lengthy affair that suggested Judge White's desire to reach the correct resolution. Much of the discussion had to do with efforts to define Wikileaks, which was not represented at the hearing.

Internet lawyer (and WHIR contributor) David Snead said the ruling addressed the difficult question of how to stop the flow of this kind of information, but said he supposed the ruling was probably unconstitutional.

"You can't disclose trade secrets, so a judge who prohibits further disclosure of trade secrets can legally do so," he says. "regardless of how the recipient received the trade secrets. However, you can't generally tell a publisher that they have to stop publishing altogether. Which is what it looks like happened in this case. This is 'prior restraint' which is almost always unconstitutional.

"The order requiring that the domain name be disabled it a very interesting and, I would say, savvy move. It recognizes, at least, that unlike in the paper world, the only way to stop publishing is to shut the site down. However savvy, I don't think it's legal. Given the fact that it's a broad order - it affects the entire site - it applies to legal and illegal content alike. Unless the site is a criminal enterprise, it's highly unlikely that such an order will be upheld on appeal."

Lawyers for the bank argued that the site had displayed confidential and personally identifiable information about its customers, saying those customers had a right to expect that their information would be kept private and secure. The argument presented by Julius Baer's lawyers reportedly framed the conflict as a conflict between freedom of speech and the right to personal privacy.

By filing the lawsuit, however, the bank has very likely brought more attention to Wikileaks and its documents than would have otherwise been the case.

"These kind of suits are almost always counterproductive," says Snead. " I can empathize with businesses and individuals who feel that their good names are being dragged through the mud, but the Internet is different that the paper world. The most likely result of a suit like this is to draw additional attention to the site. These sites typically have a very loyal and vocal following. A suit, or a series of nasty grams, which are typically immediately posted on to the site, only serve to draw more attention to the problem. I always counsel CEOs who feel that they've been defamed on an 'hateX.com' site to exercise restraint. The only outcome I've seen from a nasty gram from me, or a law suit, is to further publicize the site, and give more credence to the grievance."

While reportedly appearing concerned that he couldn't do more to help the bank customers whose information had been exposed, White said he felt the original ruling had raised questions of restrictions on free speech, and conceded that once the files were online, the court might be powerless to prevent their spread.

Print this Page       Email this Page        Add to: | del.icio.us | digg


COMMENTS

Be the first one to comment on this article. Click the link below to post your comment.

[POST COMMENT]



The Planet Launches Virtual Racks

Mosso Launches CloudFS Storage

Layered Tech Ready for Integration

Online Services Okay with Partners

Indian Host NetMagic Going Global

Judge Withdraws Wikileaks Ruling

Microsoft Launch a Big Production

More feature interviews and reports
 

Four Easy Ways to Tell They Love You - Thinking Outside the Box and Outside, Looking in

One-on-one with Amarjyoti Krishnan, Bobcares

One-on-one with Niko Nelissen, Q-layer

The way of the DB Dodo

$10,000 Peer 1 "Growing Pains" Part 2 Contest

WHIR Magazine: May 2008 - The Green Issue

More posts from our Bloggers


Crucial Paradigm Adds Server 08 VPS

Hyperspin Upgrades Reseller API

Frontpages Adds Hosting Management

Planet Online Acquires SEO Service

Hosting.com Buys Green Energy Blocks

Peak 10 Gets $60M Credit Facility

Verizon Connects Troops With Home

The Web Host Industry Week in Review

Internap Plans Green Boston Facility

DRT Predicts Data Center Expansion

HSBC Loses Customer Data Server

Twitter Leads Social Site Downtime


 

Systems Administrator

Java Software Engineer

Abuse/Fraud desk agent

VP Business Development

 

SPONSORED LINKS
> Apollo Hosting: Award Winning Website Hosting from $6.96 – Click Here!

> iWeb: Quality servers. 3000GB of traffic for only $69

> TopLayer: SC Mag Recommended. Protect against DDoS Attacks & more.

> Parallels: Automation and Virtualization. Buy ONLINE or Learn MORE!

> Website Source: Powerful Website hosting starting at $6.85

> Rackspace: Hosting Solutions That Bring Peace to Your IT World™

> GeoTrust: The Most Flexible SSL Partner Program

> The Planet: Dedicated servers and managed hosting solutions

> Buy and sell domains with the industry leader: www.Afternic.com.

> SERVER4YOU: Dedicated servers – starting $29!

> Serve customers, not servers, with Verio 360° Managed Servers

> NTT America: Scalable Hosting Solutions from Start > Growth

> Microsoft Hosting Days: New Services, Revenue Streams & Growth! Register!

WHIR NEWSLETTER SIGN-UP | MANAGE SUBSCRIPTIONS | WHIR RSS FEEDS
Name:
Email:
Password:
theWHIR Blog Email Update
Magazine
Daily News
Find Web Hosts
Occupation:
Company Type:

Find Web Hosts | Reseller Hosting | Personal Web Hosting | Small Business Web Hosting | Dedicated Servers | Managed Hosting | Adult Web Hosting


About WHIR | Online Advertising | Print Advertising | Print Subscription | Email Newsletters | RSS Feeds
 
Submit News | Privacy Policy | Buy Reprints

Web Host Industry Review, Inc. is not responsible for the content of comments submitted by our users.

  © Copyright Web Host Industry Review, Inc.