Ref M19843/4

Dear Anne

Thank you for your letter dated 3 December 2004 addressed to the Home Secretary enclosing correspondance from your constituent, Mr [name], of [address] regarding Indymedia. I have been asked to reply as the Minister responsible for international crime.

Unfortunately, I am not in a position to comment in detail on this particular matter. It is standard Home Office policy neither to confirm nor deny the existence, receipt or transmission of a mutual legal assistance request, as they are confidential in nature. However I would like to make the following comments that should clarify some of the misconceptions surrounding this matter.

Pursuant to a US Commissioner's subpoena, Rackspace US accessed its servers in London from the United States. The order of the US court was not enforced in the United Kingdom. There are limited circumstances in which an order of an overseas court can be recognised in the United Kingdom.

Mutual legal assistance treaties are not just restricted to cases of international terrorism, kidnapping and money laundering. They can cover all types of crime or be crime specific. For example many states have treaties that relate solely to the issue of combating drug trafficking. Others have all crime treaties, which provide a basis for mutual legal assistance generally. For example, the treaty between the United Kingdom and the United States is an all crimes treaty and is not limited to just serious crime.

I hope you and your constituent, Mr X, find this helpful.

Yours

Caroline Flint