Judge Reconsiders Orders Meant to Disable Wikileaks

By Max Brenn
14:06, March 1st 2008
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Judge Reconsiders Orders Meant to Disable Wikileaks

A U.S. federal district court judge on Friday reversed two controversial orders meant to disable Wikileaks, an anonymous whistleblower site, which means that the site can get its .org domain back.

U.S. District Judge Jeffrey S. White issued the orders two weeks ago after Wikileaks posted internal documents which showed that Swiss bank, Julius Baer Group was involved in offshore money laundering and tax evasion in the Cayman Islands for customers in several countries, including the U.S. Wikileaks claimed the documents had been leaked by a bank employee. The Swiss bank claimed in its complaint that Wikileaks published hundreds of illegally obtained documents and confidential and copyrighted information belonging to the bank.

One of the judge’s orders asked San Mateo, California-based Dynadot, which hosts Wikileaks.org to make the address inaccessible and to prevent the owner from transferring it to any other service. The other ruling demanded Wikileaks and a host of third parties refrain from posting any additional documents or linking to any documents that had already been disclosed. Wikileaks called the U.S. order “clearly unconstitutional” and said it “exceeds jurisdiction” a press statement on its site wrote at the time.

White’s decision to shut down the site brought strong protests among free-speech advocates and news media organizations. On Friday, he dropped the injunction that got the site offline, citing First Amendment concerns and questions about legal jurisdiction.

"There are serious questions of prior restraint and possible violations of the First Amendment. The court has serious questions whether those concerns raised before the court make the granting of the relief requested by the plaintiffs constitutionally appropriate," White ruled in his San Francisco courtroom, according to Reuters.

He also rejected the bank's request to extend a restraining order that required Wikileaks and the Internet registrar to remove the bank documents from the Web site. The restraining order expired Friday.

White said that his reversal was greatly influenced by the bad publicity his first decision had generated.

"The court has serious questions about the effectiveness of any order this court might issue, given the current state of affairs, that these matters are fully out in the public domain, in the virtual domain," White said.

Garret D. Murai, a lawyer for Dynadot, said that within an hour after the judge issued a written order outlining his decision, the Wikileaks.org domain name would be re-enabled.

“We will reinsert the DNS settings. Once I see the order, the call goes in to the client,” Mr. Murai said using the acronym for Domain Name System, the New York Times Reported.



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