Media Law

Entries categorized as ‘disable’

Judge Reverses Order Disabling Web Site

March 1, 2008 · Leave a Comment

SAN FRANCISCO — A federal judge on Friday withdrew his earlier order disabling a Web site that allows the anonymous posting of documents to discourage unethical behavior in governments and corporations.

On Feb. 15, the judge, Jeffrey S. White of Federal District Court in San Francisco, ordered the American address of the site, Wikileaks.org, to be disabled at the request of Bank Julius Baer & Company, a Swiss banking company, and its Cayman Islands subsidiary. They charged that Wikileaks had posted confidential, personally identifiable account information on some of the bank’s customers. The judge’s action drew criticism — and court filings — from numerous organizations concerned that the order violated the First Amendment protection of free speech. Because Wikileaks operates sites, like Wikileaks.cx, in other countries, the documents were and are still widely available, both in the United States and elsewhere.

In reversing himself at a hearing here on Friday, Judge White acknowledged that the bank’s request posed serious First Amendment questions and might constitute unjustified prior restraint. He also appeared visibly frustrated that technology might have outrun the law and that, as a result, the court might not be able to rein in information once it had been disclosed online.http://www.nytimes.com/2008/03/01/us/01wiki.html?ex=1362114000&en=dd87fe85491c5a4a&ei=5124&partner=permalink&exprod=permalink

Categories: Judge · Web site · disable

Judge Orders Web Site Be Shut Down

March 1, 2008 · Leave a Comment

In a move that legal experts said could present a major test of First Amendment rights in the Internet era, a federal judge in San Francisco on Friday ordered the disabling of a Web site devoted to disclosing confidential information.The site, Wikileaks.org, invites people to post leaked materials with the goal of discouraging “unethical behavior” by corporations and governments. It has posted documents said to show the rules of engagement for American troops in Iraq, a military manual for the operation of the detention center at Guantánamo Bay, Cuba, and other evidence of what it has called corporate waste and wrongdoing.http://www.nytimes.com/2008/02/20/us/20wiki.html?ex=1361250000&en=347299e0ea64e4d8&ei=5124&partner=permalink&exprod=permalink

Categories: First Amendment · Free Speech · Web · disable