Monday, October 11, 2004

Was the seizure of Indymedia's servers unlawful or did the UK government collude? / Statewatch News, Oct 2004

http://www.statewatch.org/news/2004/oct/04uk-usa-indymedia.htm
"'Rackspace may be a US company but Rackspace in London is subject to UK law not US law. If they took down and handed over Indymedia's servers simply on the basis of a US subpoena communicated to them this would not be lawful in the UK.
However it seems more likely that the US subpoena was the subject of a request for mutual legal assistance from the US Attorney General to the UK Home Secretary under the MLA Treaty. It would be for the Metropolitan Police, probably accompanied by the FBI, to enforce the request and take possession of the servers.
This begs the questions: Why did the Home Office agree? What grounds did the USA give for the seizure of the servers? Were these grounds of a 'political' nature? Has the Home Office requested that the servers be returned? What does this action say about freedom of expression and freedom of the press?
A trail that started in Switzerland and Italy has now ended fairly and squarely in the lap of the UK Home Secretary to justify.'"