# Govt. Responds; Indymedia Seizure Order May Have Come from Italy

- Author: Joichi Ito
- Date: 2004-11-12T19:53:06Z


Donna Wentworth @ EFF Deep LinksGovt. Responds; Indymedia Seizure Order May Have Come from Italy

The US government has responded (PDF) to EFF's motion to unseal the mysterious government order that resulted in the seizure of two servers hosting more than 20 Independent Media Center (IMC) websites. The reply, which argues that the order should remain secret, contains details that suggest that the order may have originated in Italy.

In the reply, the government contends that the seizure order should be kept sealed because (1) EFF and our Indymedia clients lack standing to contest the seizure, (2) the request for confidentiality came from an unnamed foreign government pursuant to a Mutual Legal Assistance Treaty  (MLAT), trumping the Bill of Rights, and (3) disclosure would imperil "an ongoing criminal terrorism investigation."

EFF strongly disagrees.So do I. Read the entire EFF post for lots of good details. I have been fighting against MLAT and other transborder law enforcement treaties for years arguing that cases just like this would occur. Most of the arrangements seem to assume that all law enforcement can be trusted and call for special powers to combat cybercrime because it is particularly multinational. These special powers often trump local laws, including in the case above, the Bill of Rights. I can imagine a future where agencies "share" databases of citizen activities and use these databases to create profiles for immigration border protection purposes. That's one of the reasons why I am so against the National ID in Japan. There are people who believe the government should have more central databases of consumer transactions for things like tracking down tax fraud. The risk to the people is that a centralized database would be a very obvious target for foreign agencies. The point is the government can't "share" what it doesn't have.





---

#### Categories

Privacy, Warblogging
