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Statement from Rackspace

Peace News | 08.10.2004 17:48 | FBI Server Seizure | Indymedia

Statement issued to press regarding the seizure of IMC webservers

Peace News has been investigating the story during the day (hassling the press offices of Met, the US embassy, etc anyone we can think of ... and hitting a lot of silence). The following is a complete copy of the text of a statement issued by Rackspace's US press office within the past hour.

"In the present matter regarding Indymedia, Rackspace Managed Hosting, a US 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  http://library.lp.findlaw.com/articles/file/00297/002460/title/Subject/topic/Criminal%20Justice_Extradition%20and%20Detainers/filename/criminaljustice_2_2251"

This appears to confirm the suspicion that a gagging order has been made. The other point to note is that the company confirm that the investigation "did not arise" in the US.

Liberty confirmed that they have been contacted about the case and are looking into it.

Peace News
- e-mail: editorial@peacenews.info
- Homepage: http://www.peacenews.info

Comments

Hide the following 6 comments

About MLAT treaty

08.10.2004 19:12

What actually is an MLAT then?

Here's a page that has some info & links:
 http://travel.state.gov/law/mlat.html

(text from the page is reproduced below to assist readers at Indymedia)

regards,
M. Latte

----------

MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS TREATIES (MLATs) and OTHER AGREEMENTS

DISCLAIMER: THE INFORMATION IN THIS CIRCULAR RELATING TO THE LEGAL REQUIREMENTS OF SPECIFIC FOREIGN COUNTRIES IS PROVIDED FOR GENERAL INFORMATION ONLY AND MAY NOT BE TOTALLY ACCURATE IN A PARTICULAR CASE. QUESTIONS INVOLVING INTERPRETATION OF SPECIFIC FOREIGN LAWS SHOULD BE ADDRESSED TO FOREIGN COUNSEL.
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.

MLAT Treaties in Force:

I. The United States has bilateral Mutual Legal Assistance Treaties (MLAT) currently in force with: Anguilla*, Antigua/Barbuda, Argentina, Australia, Austria, Bahamas, Barbados, Belgium, Brazil, British Virgin Islands, Canada, Cayman Islands*, Cyprus, Czech Republic, Dominica, Egypt, Estonia, Greece, Grenada, Hong Kong, Hungary, Israel, Italy, Jamaica, Korea (South), Latvia, Lithuania, Luxembourg, Mexico, Montserrat*, Morocco, Netherlands, Panama, Philippines, Poland, Romania, St. Kitts-Nevis, St. Lucia, St. Vincent, Spain, Switzerland, Thailand, Trinidad, Turkey, Turks and Caicos Islands*, Ukraine, United Kingdom, Uruguay.

*Treaty with the United Kingdom concerning the Cayman Islands relating to Mutual Legal Assistance in Criminal Matters. This MLAT was extended to Anguilla, the British Virgin Islands, and the Turks and Caicos Islands on Nov. 9, 1990, and to Montserrat on April 26, 1991.


OTHER INTERNATIONAL AGREEMENTS

Executive Agreements: A number of executive agreements have entered into force between the United States and the Cayman Islands, the British Virgin Islands, Montserrat, Anguilla, Turks and Caicos, Haiti, Nigeria and the United Kingdom. Generally speaking, executive agreements have been limited to narcotics cases and have served as the first step towards agreement on a more expansive mutual assistance treaty. For additional information, contact the Office of International Affairs, Criminal Division, Department of Justice or the Office of the Legal Adviser for Law Enforcement and Intelligence, Department of State.
SEC Arrangements: The Securities and Exchange Commission (SEC) has developed informal, case-by-case understandings that facilitate the production of information from other countries. These range from Memoranda of Understanding to frameworks for cooperation to less specific exchanges and undertakings. Countries in question include Switzerland, Japan, Canada, Brazil, Netherlands, France, Mexico, Norway, Argentina, Spain, Italy, Chile, Australia, United Kingdom, Sweden, South Africa, Germany, Luxembourg, and Hungary, as well as Joint Statements of Cooperation with the European Union (EU). See Mann, Mari & Lavdas, International Agreements and Understands for the Production of Information and Other Mutual Assistance, The Int'l Law, Vol. 29, No. 4, 780, 838 (1995). See also, Transnational Initiatives, Cumulative Digest of United States Practice in International Law, 1981-1988, Department of State, Vol. II, 1495, 1510 (1994); Mann and Mari, Developments in International Securities Law Enforcement and Regulation, Securities Regulation Seminar, October 24, 1990, Los Angeles, California. For information about SEC Understandings with foreign securities officials, contact the Securities and Exchange Commission, Enforcement Division, Office of International Affairs.

Narcotics Agreements: United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances with annex and final act. Done at Vienna December 20, 1988. Entered into force November 11, 1990. Article 7 of this Convention to obtain evidence from other countries party to it without the need to use the cumbersome, time consuming letters rogatory process. For information, contact the Office of the Legal Adviser for Law Enforcement and Intelligence of the Department of State or the Office of International Affairs, Criminal Division, Department of Justice.

Not in Force: Inter-American Convention on the Taking of Evidence Abroad (14 Int'l Legal Materials 328 (1975) and Additional Protocol 24 Int'l Legal Materials 472 (1985). The United States has not signed or transmitted either document to the Senate for advice and consent to ratification. See also: Low, "International Judicial Assistance Among the American States: Inter-American Conventions", 18 Int'l Law. 705 (1984). Asian-African Legal Consultative Committee, draft bilateral arrangements for mutual assistance for the taking of evidence abroad in civil or commercial matters, 25 ILM 920-934, No. 4 (July 1986), together with explanatory notes at 934-956. The United States is not a party to this agreement.

SELECTED REFERENCES:

Ellis & Pisani, The United States Treaties on Mutual Assistance in Criminal Matters: A Comparative Analysis, 19 Int'l Law. 189 (1985).

Knapp, Mutual Legal Assistance Treaties as a Way to Pierce Bank Secrecy, 20 J. of Int'l L. 405, 434 (1988).

Nadelmann, Negotiations on Criminal Law Assistance Treaties, 33 Am. J. Comp. L. 467 (1985).

Nash, Cumulative Digest of United States Practice in International Law, 1981-1988, Department of State, Vol. II, 1449, 1488 (1994).

Ristau & Abbell, Vol. 3, International Judicial Assistance (Criminal), Sec. 12-4-1 - 12-4-8 (1995).

U.S. Attorney's Manual 9-15, October 1, 1988.

ADDITIONAL INFORMATION: The Office of American Citizens Services has available general information flyers on international judicial assistance many of which are available through our automated fax system or via our Internet Consular Affairs Home Page. These topics include country-specific information about service of process and obtaining evidence abroad.

Using the Internet:

Many of our judicial assistance flyers are also available on the Internet via the Department of State, Bureau of Consular Affairs home page under Judicial Assistance . See also, the Department of State, Office of the Legal Adviser for Private International Law home page for information about the work of the Hague Conference on Private International Law and the OAS in private international law unification. See also the home pages for many of our embassies.

Treaty Databases on the Internet: Information on which countries are party to a particular treaty is available from the following databases:

United States Department of State, Office of the Legal Adviser, Treaty Affairs, List of Treaties and Other International Agreements of the United States In Force:


United Nations (UN): Databases/Treaties

Council of Europe (COE) under Texts/Treaties

Organization of American States (OAS): under Documents/Treaties and Conventions.

QUESTIONS: For additional information about the letters rogatory process or other non-MLAT procedures, contact the appropriate geographic division of the Office of American Citizens Services and Crisis Management at telephone (202) 647-5226. For specific information about MLATs, prosecutors may contact the Office of International Affairs, Criminal Division, Department of Justice, Washington, D.C. 20530, tel: (202) 514-0015 or the Office of the Legal Adviser, Department of State, Law Enforcement and Intelligence (L/LEI), Washington, D.C. 20520, tel: (202) 647-5111

Monsieur Latte


What of the mainstream media?

08.10.2004 19:32

Have the mainstream media been alerted to this story? I'd like to see this story in the news. Lots of people would probably look at Indymedia for the first time if they read about it in the paper. And the public should know what the FBI have been up to.

Has anyone contacted newspapers and stuff?

Dave


corprate press decided not to run with it

08.10.2004 22:42

bbc / channel four were interested but dropped it as did the guardian.

fucking corporate media.

maybe tomorrow with more details emerging the UK corp press will feel that an international law enforcement operation to seize servers from the worlds most important alt news network right under their noses in london puttin up to twnty website out of action is in fact "NEWS"....

corporate priorities


First they came for the IMC...

10.10.2004 11:31

Thought I'd just point out that a lead story on the well out of order seizure of IMC's servers will be published in Monday's Morning Star.

Funnily enough we don't feel that IMC has anything to do with "terrorism, kidnapping and money laundering"!

More power to ya.

News Editor


Easy e-access

10.10.2004 14:33

Oh. I forgot to point out that we've now put it on tomorrow's front page, which can be downloaded for free from:

 http://www.morningstaronline.co.uk/index.php

Ta.

News Editor


please delete the corporate whore links

10.10.2004 19:20

Does anyone find it slightly ironic that the moment you go to the Morning Star website, you're hit with a demand for £60 payable through BT? Just to look at the site. Scum.

JB