A district court judge in San Francisco has rescinded a controversial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.