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US Judge Reverses Wikileaks Ruling
by Glen Shapiro, LawAndTax-News.com, New York

06 March 2008

A district court judge in San Francisco has rescinded a controversial order that shut down the whistleblower website Wikileaks, which had published documents relating to alleged criminal activity in the Cayman Islands by Swiss bank Julius Baer.

Lawyers acting for the website convinced Judge Jeffrey White to overturn his own order issued on February 15th, on the grounds that it breached the defendant's right to freedom of speech under the First Amendment of the US constitution.

In upholding an application for an injunction against Wikileaks by Julius Baer, Judge White had ordered the California web hosting company, Dynadot, to clear and remove records from Wikileaks and prevent the domain name from resolving to the wikileaks.org website "or any other website or server other than a blank page".

He also ordered Dynadot to produce "all prior or previous administrative and account records and data for the wikileaks.org domain name and account", in addition to "IP addresses and associated data used by any person...who accessed the account for the domain name".

"We're very pleased that Judge White recognized the serious constitutional concerns raised by his earlier orders," commented Matt Zimmerman, Senior Staff Attorney for the Electronic Frontier Foundation (EFF), which represented Wikileaks in court.

"Attempting to interfere with the operation of an entire website because you have a dispute over some of its content is never the right approach. Disabling access to an Internet domain in an effort to prevent the world from accessing a handful of widely-discussed documents is not only unconstitutional - it simply won't work," Zimmerman argued.

The lawsuit began last month, when the Swiss bank filed suit against Wikileaks for hosting leaked documents which allegedly exposed how the bank had helped clients launder money in the Cayman Islands - claims denied by Julius Baer.

In addition to dissolving the permanent injunction, which permits the wikileaks.org domain name to be reactivated, the court also declined to extend a previous temporary restraining order requiring Wikileaks to disable access to 14 disputed Julius Baer documents.

Founded in 2006, Wikileaks claims to have received over 1.2 million documents so far from dissident communities and anonymous sources.

"Our primary interest is in exposing oppressive regimes in Asia, the former Soviet bloc, Sub-Saharan Africa and the Middle East, but we also expect to be of assistance to people of all regions who wish to reveal unethical behaviour in their governments and corporations," a statement on the Wikileaks website explains.

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