He He He.... and you thought it was Bush who wanted your library list.

[Danno 1,228]

The political parties change but the nature of Big Gov never does.

Looks like Obamers Peeps have even got some of you Lefties in his sights

--------------------

November 10, 2009 12:01 AM

Justice Dept. Asked For News Site's Visitor Lists

In a case that raises questions about online journalism and privacy rights, the U.S. Department of Justice sent a formal request to an independent news site ordering it to provide details of all reader visits on a certain day.

The grand jury subpoena also required the Philadelphia-based Indymedia.us Web site "not to disclose the existence of this request" unless authorized by the Justice Department, a gag order that presents an unusual quandary for any news organization.

Kristina Clair, a 34-year old Linux administrator living in Philadelphia who provides free server space for Indymedia.us, said she was shocked to receive the Justice Department's subpoena. (The Independent Media Center is a left-of-center amalgamation of journalists and advocates that – according to their principles of unity and mission statement – work toward "promoting social and economic justice" and "social change.")

The subpoena (PDF) from U.S. Attorney Tim Morrison in Indianapolis demanded "all IP traffic to and from www.indymedia.us" on June 25, 2008. It instructed Clair to "include IP addresses, times, and any other identifying information," including e-mail addresses, physical addresses, registered accounts, and Indymedia readers' Social Security Numbers, bank account numbers, credit card numbers, and so on.

"I didn't think anything we were doing was worthy of any (federal) attention," Clair said in a telephone interview with CBSNews.com on Monday. After talking to other Indymedia volunteers, Clair ended up calling the Electronic Frontier Foundation in San Francisco, which represented her at no cost.

Under long-standing Justice Department guidelines, subpoenas to members of the news media are supposed to receive special treatment. One portion of the guidelines, for instance, says that "no subpoena may be issued to any member of the news media" without "the express authorization of the attorney general" – that would be current attorney general Eric Holder – and subpoenas should be "directed at material information regarding a limited subject matter."

Still unclear is what criminal investigation U.S. Attorney Morrison was pursuing. Last Friday, a spokeswoman initially promised a response, but Morrison sent e-mail on Monday evening saying: "We have no comment." The Justice Department in Washington, D.C. also declined to respond.

Kevin Bankston, a senior staff attorney at the San Francisco-based Electronic Frontier Foundation, replied to the Justice Department on behalf of his client in a February 2009 letter (PDF) outlining what he described as a series of problems with the subpoena, including that it was not personally served, that a judge-issued court order would be required for the full logs, and that Indymedia did not store logs in the first place.

Morrison replied in a one-sentence letter saying the subpoena had been withdrawn. Around the same time, according to the EFF, the group had a series of discussions with assistant U.S. attorneys in Morrison's office who threatened Clair with possible prosecution for obstruction of justice if she disclosed the existence of the already-withdrawn subpoena -- claiming it "may endanger someone's health" and would have a "human cost."

Lucy Dalglish, the executive director of the Reporters Committee for Freedom of The Press, said a gag order to a news organization wouldn't stand up in court: "If you get a subpoena and you're a journalist, they can't gag you."

Dalglish said that a subpoena being issued and withdrawn is not unprecedented. "I have seen any number of these things withdrawn when counsel for someone who is claiming a reporter's privilege says, 'Can you tell me the date you got approval from the attorney general's office'... I'm willing to chalk this up to bad lawyering on the part of the DOJ, or just not thinking."

Making this investigation more mysterious is that Indymedia.us is an aggregation site, meaning articles that appear on it were published somewhere else first, and there's no hint about what sparked the criminal probe. Clair, the system administrator, says that no IP (Internet Protocol) addresses are recorded for Indymedia.us, and non-IP address logs are kept for a few weeks and then discarded.

EFF's Bankston wrote a second letter to the government saying that, if it needed to muzzle Indymedia, it should apply for a gag order under the section of federal law that clearly permits such an order to be issued. Bankston's plan: To challenge that law on First Amendment grounds.

But the Justice Department never replied. "This is the first time we've seen them try to get the IP address of everyone who visited a particular site," Bankston said. "That it was a news organization was an additional troubling fact that implicates First Amendment rights."

This is not, however, the first time that the Feds have focused on Indymedia -- a Web site whose authors sometimes blur the line between journalism, advocacy, and on-the-streets activism. In 2004, the Justice Department sent a grand jury subpoena asking for information about who posted lists of Republican delegates while urging they be given an unwelcome reception at the party's convention in New York City that year. A Indymedia hosting service in Texas once received a subpoena asking for server logs in relation to an investigation of an attempted murder in Italy.

Bankston has written a longer description of the exchange of letters with the Justice Department, which he hopes will raise awareness of how others should respond to similar legal demands for Web logs, customer records, and compulsory silence. "Our fear is that this kind of bogus gag order is much more common than one would hope, considering they're legally baseless," Bankston says. "We're telling this story in hopes that more providers will press back and go public when the government demands their silence."

Update 1:59pm E.T.: A Justice Department official familiar with this subpoena just told me that the attorney general's office never saw it and that it had not been submitted to the department's headquarters in Washington, D.C. for review. If that's correct, it suggests that U.S. Attorney Tim Morrison and Assistant U.S. Attorney Doris Pryor did not follow department regulations requiring the "express authorization of the attorney general" for media subpoenas -- and it means that neither Attorney General Eric Holder nor Acting Attorney General Mark Filip were involved. I wouldn't be surprised to see an internal investigation by the Office of Professional Responsibility; my source would not confirm or deny that.

Edited November 12, 2009 by Danno

[Hilarious Clinton 452]

Take THAT Constitution.

Edited November 13, 2009 by John Galt

[Joseph & Ana 0]

Ahh the silent libs..

Its ok when a Democrat spies on US citizens.. but if its a Republican he should be hanged for sure!

[Craneman 2]

COME NOW,

WE ALL KNOW THAT THE LIBS DO IT FOR THE GOOD OF THEIR COUNTRY

Ahh the silent libs..

Its ok when a Democrat spies on US citizens.. but if its a Republican he should be hanged for sure!

[Mr. Big Dog 10,747]

On April 28, 2008, Timothy M. Morrison was appointed as United States Attorney for the Southern District of Indiana by U.S. Attorney General Michael Mukasey.

The US Attorney in question is an appointee of a Bush appointee. He must not have gotten the memo that there was an election last November and that Bush is no longer President.

But sure, damn those liberals anyways.

Edited November 13, 2009 by Mr. Big Dog

[Joseph & Ana 0]

On April 28, 2008, Timothy M. Morrison was appointed as United States Attorney for the Southern District of Indiana by U.S. Attorney General Michael Mukasey.

The US Attorney in question is an appointee of a Bush appointee. He must not have gotten the memo that there was an election last November and that Bush is no longer President.

But sure, damn those liberals anyways.

Bush did appoint a lot of liberals, you're right.

[Dan J 277]

The political parties change but the nature of Big Gov never does.

Looks like Obamers Peeps have even got some of you Lefties in his sights

--------------------

November 10, 2009 12:01 AM

Justice Dept. Asked For News Site's Visitor Lists

In a case that raises questions about online journalism and privacy rights, the U.S. Department of Justice sent a formal request to an independent news site ordering it to provide details of all reader visits on a certain day.

The grand jury subpoena also required the Philadelphia-based Indymedia.us Web site "not to disclose the existence of this request" unless authorized by the Justice Department, a gag order that presents an unusual quandary for any news organization.

Kristina Clair, a 34-year old Linux administrator living in Philadelphia who provides free server space for Indymedia.us, said she was shocked to receive the Justice Department's subpoena. (The Independent Media Center is a left-of-center amalgamation of journalists and advocates that – according to their principles of unity and mission statement – work toward "promoting social and economic justice" and "social change.")

The subpoena (PDF) from U.S. Attorney Tim Morrison in Indianapolis demanded "all IP traffic to and from www.indymedia.us" on June 25, 2008. It instructed Clair to "include IP addresses, times, and any other identifying information," including e-mail addresses, physical addresses, registered accounts, and Indymedia readers' Social Security Numbers, bank account numbers, credit card numbers, and so on.

"I didn't think anything we were doing was worthy of any (federal) attention," Clair said in a telephone interview with CBSNews.com on Monday. After talking to other Indymedia volunteers, Clair ended up calling the Electronic Frontier Foundation in San Francisco, which represented her at no cost.

Under long-standing Justice Department guidelines, subpoenas to members of the news media are supposed to receive special treatment. One portion of the guidelines, for instance, says that "no subpoena may be issued to any member of the news media" without "the express authorization of the attorney general" – that would be current attorney general Eric Holder – and subpoenas should be "directed at material information regarding a limited subject matter."

Still unclear is what criminal investigation U.S. Attorney Morrison was pursuing. Last Friday, a spokeswoman initially promised a response, but Morrison sent e-mail on Monday evening saying: "We have no comment." The Justice Department in Washington, D.C. also declined to respond.

Kevin Bankston, a senior staff attorney at the San Francisco-based Electronic Frontier Foundation, replied to the Justice Department on behalf of his client in a February 2009 letter (PDF) outlining what he described as a series of problems with the subpoena, including that it was not personally served, that a judge-issued court order would be required for the full logs, and that Indymedia did not store logs in the first place.

Morrison replied in a one-sentence letter saying the subpoena had been withdrawn. Around the same time, according to the EFF, the group had a series of discussions with assistant U.S. attorneys in Morrison's office who threatened Clair with possible prosecution for obstruction of justice if she disclosed the existence of the already-withdrawn subpoena -- claiming it "may endanger someone's health" and would have a "human cost."

Lucy Dalglish, the executive director of the Reporters Committee for Freedom of The Press, said a gag order to a news organization wouldn't stand up in court: "If you get a subpoena and you're a journalist, they can't gag you."

Dalglish said that a subpoena being issued and withdrawn is not unprecedented. "I have seen any number of these things withdrawn when counsel for someone who is claiming a reporter's privilege says, 'Can you tell me the date you got approval from the attorney general's office'... I'm willing to chalk this up to bad lawyering on the part of the DOJ, or just not thinking."

Making this investigation more mysterious is that Indymedia.us is an aggregation site, meaning articles that appear on it were published somewhere else first, and there's no hint about what sparked the criminal probe. Clair, the system administrator, says that no IP (Internet Protocol) addresses are recorded for Indymedia.us, and non-IP address logs are kept for a few weeks and then discarded.

EFF's Bankston wrote a second letter to the government saying that, if it needed to muzzle Indymedia, it should apply for a gag order under the section of federal law that clearly permits such an order to be issued. Bankston's plan: To challenge that law on First Amendment grounds.

But the Justice Department never replied. "This is the first time we've seen them try to get the IP address of everyone who visited a particular site," Bankston said. "That it was a news organization was an additional troubling fact that implicates First Amendment rights."

This is not, however, the first time that the Feds have focused on Indymedia -- a Web site whose authors sometimes blur the line between journalism, advocacy, and on-the-streets activism. In 2004, the Justice Department sent a grand jury subpoena asking for information about who posted lists of Republican delegates while urging they be given an unwelcome reception at the party's convention in New York City that year. A Indymedia hosting service in Texas once received a subpoena asking for server logs in relation to an investigation of an attempted murder in Italy.

Bankston has written a longer description of the exchange of letters with the Justice Department, which he hopes will raise awareness of how others should respond to similar legal demands for Web logs, customer records, and compulsory silence. "Our fear is that this kind of bogus gag order is much more common than one would hope, considering they're legally baseless," Bankston says. "We're telling this story in hopes that more providers will press back and go public when the government demands their silence."

Update 1:59pm E.T.: A Justice Department official familiar with this subpoena just told me that the attorney general's office never saw it and that it had not been submitted to the department's headquarters in Washington, D.C. for review. If that's correct, it suggests that U.S. Attorney Tim Morrison and Assistant U.S. Attorney Doris Pryor did not follow department regulations requiring the "express authorization of the attorney general" for media subpoenas -- and it means that neither Attorney General Eric Holder nor Acting Attorney General Mark Filip were involved. I wouldn't be surprised to see an internal investigation by the Office of Professional Responsibility; my source would not confirm or deny that.

This case had actually started under the Bush administration. Just because a new President takes office doesn't mean that the Justice department stops what its doing.

You can get more of the details here: http://www.eff.org/wp/anatomy-bogus-subpoena-indymedia

[The_Dude 1,142]

On April 28, 2008, Timothy M. Morrison was appointed as United States Attorney for the Southern District of Indiana by U.S. Attorney General Michael Mukasey.

The US Attorney in question is an appointee of a Bush appointee. He must not have gotten the memo that there was an election last November and that Bush is no longer President.

But sure, damn those liberals anyways.

Bush did appoint a lot of liberals, you're right.

Mukasey is certainly not one of them. Do you have a link to support that claim? Read THIS

Back on topic.......

I'm not going to comment on the potential partisan element suggested and stick to the subject matter at hand. That is quite disturbing to see any prosecutor essentially ask for carte blanche like that. The fact that they provided no rationale for the issuance of the subpoena is troubling. The lack of candor and transparency is slippery slope.

Could this be cause for the president or AG to fire the prosecutor? Would that be considered a politically motivated firing?

[Dan J 277]

On April 28, 2008, Timothy M. Morrison was appointed as United States Attorney for the Southern District of Indiana by U.S. Attorney General Michael Mukasey.

The US Attorney in question is an appointee of a Bush appointee. He must not have gotten the memo that there was an election last November and that Bush is no longer President.

But sure, damn those liberals anyways.

Bush did appoint a lot of liberals, you're right.

Mukasey is certainly not one of them. Do you have a link to support that claim? Read THIS

Back on topic.......

I'm not going to comment on the potential partisan element suggested and stick to the subject matter at hand. That is quite disturbing to see any prosecutor essentially ask for carte blanche like that. The fact that they provided no rationale for the issuance of the subpoena is troubling. The lack of candor and transparency is slippery slope.

Could this be cause for the president or AG to fire the prosecutor? Would that be considered a politically motivated firing?

It probably was politically motivated and the period in which they were asking for records seems to correlate with protests regarding the RNC.

[Mr. Big Dog 10,747]

On April 28, 2008, Timothy M. Morrison was appointed as United States Attorney for the Southern District of Indiana by U.S. Attorney General Michael Mukasey.

The US Attorney in question is an appointee of a Bush appointee. He must not have gotten the memo that there was an election last November and that Bush is no longer President.

But sure, damn those liberals anyways.

Bush did appoint a lot of liberals, you're right.

Mukasey is certainly not one of them. Do you have a link to support that claim? Read THIS

Joe supporting a claim?

In Joe's bubble, it's all breaks down like this:

Good = Conservative

Bad = Liberal

[HAL 9000 96]

The political parties change but the nature of Big Gov never does.

Looks like Obamers Peeps have even got some of you Lefties in his sights

--------------------

November 10, 2009 12:01 AM

Justice Dept. Asked For News Site's Visitor Lists

In a case that raises questions about online journalism and privacy rights, the U.S. Department of Justice sent a formal request to an independent news site ordering it to provide details of all reader visits on a certain day.

The grand jury subpoena also required the Philadelphia-based Indymedia.us Web site "not to disclose the existence of this request" unless authorized by the Justice Department, a gag order that presents an unusual quandary for any news organization.

Kristina Clair, a 34-year old Linux administrator living in Philadelphia who provides free server space for Indymedia.us, said she was shocked to receive the Justice Department's subpoena. (The Independent Media Center is a left-of-center amalgamation of journalists and advocates that – according to their principles of unity and mission statement – work toward "promoting social and economic justice" and "social change.")

The subpoena (PDF) from U.S. Attorney Tim Morrison in Indianapolis demanded "all IP traffic to and from www.indymedia.us" on June 25, 2008. It instructed Clair to "include IP addresses, times, and any other identifying information," including e-mail addresses, physical addresses, registered accounts, and Indymedia readers' Social Security Numbers, bank account numbers, credit card numbers, and so on.

"I didn't think anything we were doing was worthy of any (federal) attention," Clair said in a telephone interview with CBSNews.com on Monday. After talking to other Indymedia volunteers, Clair ended up calling the Electronic Frontier Foundation in San Francisco, which represented her at no cost.

Under long-standing Justice Department guidelines, subpoenas to members of the news media are supposed to receive special treatment. One portion of the guidelines, for instance, says that "no subpoena may be issued to any member of the news media" without "the express authorization of the attorney general" – that would be current attorney general Eric Holder – and subpoenas should be "directed at material information regarding a limited subject matter."

Still unclear is what criminal investigation U.S. Attorney Morrison was pursuing. Last Friday, a spokeswoman initially promised a response, but Morrison sent e-mail on Monday evening saying: "We have no comment." The Justice Department in Washington, D.C. also declined to respond.

Kevin Bankston, a senior staff attorney at the San Francisco-based Electronic Frontier Foundation, replied to the Justice Department on behalf of his client in a February 2009 letter (PDF) outlining what he described as a series of problems with the subpoena, including that it was not personally served, that a judge-issued court order would be required for the full logs, and that Indymedia did not store logs in the first place.

Morrison replied in a one-sentence letter saying the subpoena had been withdrawn. Around the same time, according to the EFF, the group had a series of discussions with assistant U.S. attorneys in Morrison's office who threatened Clair with possible prosecution for obstruction of justice if she disclosed the existence of the already-withdrawn subpoena -- claiming it "may endanger someone's health" and would have a "human cost."

Lucy Dalglish, the executive director of the Reporters Committee for Freedom of The Press, said a gag order to a news organization wouldn't stand up in court: "If you get a subpoena and you're a journalist, they can't gag you."

Dalglish said that a subpoena being issued and withdrawn is not unprecedented. "I have seen any number of these things withdrawn when counsel for someone who is claiming a reporter's privilege says, 'Can you tell me the date you got approval from the attorney general's office'... I'm willing to chalk this up to bad lawyering on the part of the DOJ, or just not thinking."

Making this investigation more mysterious is that Indymedia.us is an aggregation site, meaning articles that appear on it were published somewhere else first, and there's no hint about what sparked the criminal probe. Clair, the system administrator, says that no IP (Internet Protocol) addresses are recorded for Indymedia.us, and non-IP address logs are kept for a few weeks and then discarded.

EFF's Bankston wrote a second letter to the government saying that, if it needed to muzzle Indymedia, it should apply for a gag order under the section of federal law that clearly permits such an order to be issued. Bankston's plan: To challenge that law on First Amendment grounds.

But the Justice Department never replied. "This is the first time we've seen them try to get the IP address of everyone who visited a particular site," Bankston said. "That it was a news organization was an additional troubling fact that implicates First Amendment rights."

This is not, however, the first time that the Feds have focused on Indymedia -- a Web site whose authors sometimes blur the line between journalism, advocacy, and on-the-streets activism. In 2004, the Justice Department sent a grand jury subpoena asking for information about who posted lists of Republican delegates while urging they be given an unwelcome reception at the party's convention in New York City that year. A Indymedia hosting service in Texas once received a subpoena asking for server logs in relation to an investigation of an attempted murder in Italy.

Bankston has written a longer description of the exchange of letters with the Justice Department, which he hopes will raise awareness of how others should respond to similar legal demands for Web logs, customer records, and compulsory silence. "Our fear is that this kind of bogus gag order is much more common than one would hope, considering they're legally baseless," Bankston says. "We're telling this story in hopes that more providers will press back and go public when the government demands their silence."

Update 1:59pm E.T.: A Justice Department official familiar with this subpoena just told me that the attorney general's office never saw it and that it had not been submitted to the department's headquarters in Washington, D.C. for review. If that's correct, it suggests that U.S. Attorney Tim Morrison and Assistant U.S. Attorney Doris Pryor did not follow department regulations requiring the "express authorization of the attorney general" for media subpoenas -- and it means that neither Attorney General Eric Holder nor Acting Attorney General Mark Filip were involved. I wouldn't be surprised to see an internal investigation by the Office of Professional Responsibility; my source would not confirm or deny that.

This case had actually started under the Bush administration. Just because a new President takes office doesn't mean that the Justice department stops what its doing.

You can get more of the details here: http://www.eff.org/wp/anatomy-bogus-subpoena-indymedia

Oh snap... context PWNS partisan hacks once again.

[DeadPoolX 9]

On April 28, 2008, Timothy M. Morrison was appointed as United States Attorney for the Southern District of Indiana by U.S. Attorney General Michael Mukasey.

The US Attorney in question is an appointee of a Bush appointee. He must not have gotten the memo that there was an election last November and that Bush is no longer President.

But sure, damn those liberals anyways.

Bush did appoint a lot of liberals, you're right.

Mukasey is certainly not one of them. Do you have a link to support that claim? Read THIS

Joe supporting a claim?

In Joe's bubble, it's all breaks down like this:

Good = Conservative

Bad = Liberal

To be fair, the opposite line of thinking is often true for liberals (or at least Democrats) as well.

The problem is that both sides react without thinking. It's a case of "he doesn't think like me so he must be bad!"

[HAL 9000 96]

There is a reason Reactionary individuals are associated with right wing ideology. I don't get to make that stuff up. But yes... both sides can certainly behave in a 'reactionary' way indeed as you say- without much thought.

[Kevin and 10]

Left boot or right boot doesn't matter, it still stomps you.