IP: FBI Court order to Independent Media Center forcing them to give 2 days of logs

[David Farber <dave@farber.net>]

>To: Dave Farber <farber@cis.upenn.edu>
>Subject: FBI Court order to Independent Media Center forcing them to give 
>2 days
>  of logs
>
>
>http://www.indymedia.org/front.php3?article_id=36912&group=webcast
>
>Speaking about outragousness. This is blatantly unconstitutional and very 
>scary in the context of the Bush/Cheney/Ashcroft attack on various 
>fundamentals of freedom in the US. It also includes a gag order..
>
>An excerpt:
>IN THE MATTER OF THE APPLICATION OF THE UNITED STATES 
>OF                       AMERICA FOR AN ORDER AUTHORIZING THE DISCLOSURE 
>OF RECORDS                       AND OTHER INFORMATION PERTAINING TO 
>ELECTRONIC                       COMMUNICATION SERVICE PROVIDED BY INDYMEDIA.
>
>                THIS MATTER having come before the Court pursuant to the 
> Application of the United States of  America, which Application requests 
> that an Order be issued:
>
>                (1) directing that INDEPENDENT MEDIA, and any other 
> provider of electronic communications service
>                and their agents and employees, not disclose to the user 
> of said electronic communication service, nor to any other person, the 
> existence of this Application and Order or the existence of this 
> investigation unless and until otherwise ordered by the Court;
>
>                (2) directing INDEPENDENT MEDIA, a provider of electronic 
> communications service, as defined by Title 18, United States Code, 
> Section 2510(15), to examine all account records and system/accounting 
> log files and supply the Federal Bureau of Investigation with all 
> Information listed on Attachment A to this Order; and (3) directing that 
> the Application and Court's Order be sealed;
>
>                IT APPEARING that there is an ongoing criminal 
> investigation into acts which would constitute violations of Sections 322 
> (theft) and 430 (mischief) of the Criminal Code of Canada, and that one 
> or more of the subjects of said investigation are unknown, and
>
>                IT APPEARING that Independent Media is an Internet 
> publisher of information, administered by Jonathon Jay at 1415 3rd 
> Avenue, Seattle, Washington 98101, and
>
>                IT APPEARING that the Application has been made in good 
> faith in the @erance of a pending criminal investigation, and the Court 
> finding that the Applicant, as the attorney for the United States, has 
> offered specific and articulable facts showing that there are reasonable 
> grounds to believe that the records of electronic communication sought 
> are relevant and material to an ongoing criminal investigation.
>
>                IT APPEARING that there is reason to believe that 
> notification of the existence of this Order will result in destruction of 
> or tampering with evidence, or will otherwise seriously jeopardize the 
> investigation,
>  IT IS ORDERED, pursuant to Title 18, United States Code, Section 2703(c) 
> and
>                (d);Title 28, United States Code, Section 1651; and Rule 
> 41, Federal Rules of Criminal Procedure, that INDEPENDENT MEDIA, 1415 3rd 
> Avenue, Seattle, Washington 98101, a provider of electronic 
> communications service, as defined by Title 18, United States Code, 
> Section 2510(15) examine all account and system/accounting log files and 
> supply the Federal Bureau of Investigation with all information described 
> in Attachment A to this Order.
>
>                IT IS FURTHER ORDERED, pursuant to Title 18, United States 
> Code, Section 5(b), that INDEPENDENT MEDIA, and their agents and 
> employees, shall not disclose to the user of electronic communication 
> service, nor to any other person, the existence of this Application or 
> Order, or the existence of this investigation, unless and until otherwise 
> ordered by the Court; and
>
>                IT IS FURTHER ORDERED, pursuant to Title 28, United States 
> Code, Section 1651 that this Order and the Application be sealed until 
> otherwise ordered by the Court.
>
>                DATED this 24 day of April 2001.
>
>                STEPHEN C SCHROEDER Assistant United States Attorney
>                UNITED STATES ATTORNEY
>                Seafirst Fifth Avenue Plaza Building
>                800 Fifth Avenue, Suite 3600 Seattle, Washington 98104
>                (206) 553-7970
>
>                ATTACHMENT A
>
>                All user connection logs for 216.213.32.98 for the time 
> period beginning April 20, 2001, to the date of this Order for any 
> connections to or from that IP address.
>
>                User connection logs should contain the following:
>                1. Connection time and date;
>                2. Disconnect time and date;
>                3. Method of connection to system (e.g., SLIP, PPP, Shell);
>                4. Data transfer volume (e.g., bytes);
>                5. Connection information for other systems to which user 
> connected via , including:
>                a. Connection destination;
>                b. Connection time and date;
>                c. Disconnect time and date;
>                d. Method of connection to/from system (e.g., telnet, ftp, 
> http);
>                e. Data transfer volume (e.g., bytes);
>
>--
>Robert J. Berger
>UltraDevices, Inc.
>257 Castro Street, Suite 223 Mt. View CA. 94041
>Email: rberger@ultradevices.com http://www.ultradevices.com
>Voice: 408-882-4755 Fax: 408-490-2868



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