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The Julius Baer bank in Switzerland, a favorite bank for the mega-wealthy across the world, filed a complaint early last month against the Wikileaks site and its US-based host Dynadot for posting several hundred of the bank’s documents.
U.S. District Judge Jeffrey White, on Friday, reversed his February 15 injunction forcing Dynadot to deny DNS access to the anonymous whistleblower website. He pointed out that federal courts are unable to take cases between two foreign nationals, as the apparent owner of Wikileaks is an Australian man now living in Kenya, and the bank is Swiss.
The bank which sued and managed to shut down DNS access to the anonymous whistleblower website is now in some serious PR problems. Some the bank's documents, posted by a former bank employee, allegedly reveal that Julius Baer was involved in offshore money laundering and tax evasion in the Cayman Islands for customers in several countries, including the U.S. The documents leaked on the embattled site contain numerous references to the bank's former vice president in the Caymans, Rudolf Elmer, but it's unknown whether he is the whistleblower.
Now, instead of the information disappearing, as the bank would have wanted, it has actually been read by probably 100 times more people than if they would have ignored the posting. In fact, I never have heard of Wikileaks before this scandal, and odds are that neither did you. This situation is known as the "Streisand effect," after Barbra Streisand's 2003 lawsuit seeking to remove satellite photos of her house in Malibu, California.
In addition to attracting attention to the leaked documents, the entire anti-censorship community has rallied behind Wikileaks which will have a significant effect on both the lawsuit's outcome and the bank's future reputation. Its stocks have already dropped several percent since the scandal.
Wikileaks has been under fire since its inception in December 2006, as confidential documents belonging to some institutions have been posted on the site. Critics also have questioned the motives of the site’s founders. However, many others have praised the site for supporting the free dissemination of information.
The motions in the Wikileaks case are due March 14, oppositions to those motions on March 28, reply briefs on April 4 and the next hearing is set on May 16, Judge Jeffrey White said Friday.
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