Between the Lines

Larry Dignan, Andrew Nusca and Rachel King

Wikileaks: Homeland Security invokes Patriot Act on Assange; seeks server data

By | August 24, 2011, 9:26am PDT

Summary: The U.S. Department of Homeland Security has invoked the Patriot Act on Wikileaks’ domain registrar, in a bid to access information on founder Julian Assange.

DNS hoster Dynadot has received a Patriot Act request by the U.S. Department of Homeland Security, to produce information held about WIkileaks founder Julian Assange, in a fully-fledged “espionage case”.

In a tweet by @wikileaks, the whistleblowing organisation confirmed the news.


(Image via Twitter)

The order seeks “all available information” on not only Assange, but Wikileaks also, held by the DNS hoster. The information will be handed to the U.S. grand jury in Alexandria, Virgina.

A Wikileaks press release has been issued:

“The Order demands Dynadot handover the following information for the time period November 1st 2009 to present, within three days of the date of the Order:

1. Subscriber names, user names, screen names, or other identities;
2. mailing addresses, residential addresses, business addresses, e-mail addresses, and other contact information;
3. connection records, or record of session times and durations;
4. length of service (including start date) and typos of service utilized;
5. telephone or instrument number or other subscriber number or identity; including any temporarily assigned network address; and
6. means and source of payment for such service (including any credit card or bank account number) and billing records.

Also:

1. records of user activity for any connections made to or from the Account
2. non-content information associated with the contents of any communication or file stored by or for the account(s), such as the source and destination email addresses and IP addresses.
3. Correspondence and notes of records related to the account.”

The full order can be found here [PDF].

Dynadot, based in California, is responsible for hosting the domain name wikileaks.org along with IP addresses belonging to Wikileaks.

Last year, Amazon removed Wikileaks from its hosted service citing reasons that it broke the terms of service, while EveryDNS also removed the site after a series of sustained denial-of-service attacks.

Dynadot was ordered to shut down the wikileaks.org domain in February 2008, after the Julius Baer Trust and Bank brought an injunction against Wikileaks. This forced Wikileaks to roll out alternative domain names — such as wikileaks.de and wikileaks.cx.

The same judge reversed the injunction citing First Amendment issues a month later.

Use of the Patriot Act to access data within the United States is not uncommon. However, earlier this year, ZDNet exclusively reported that Microsoft, as well as other cloud service providers in Europe and further afield, handed European data in EU-based datacenters, back to U.S. law enforcement — breaching European data protection laws.

The Patriot Act revised and consolidated counter-terrorism laws post-9/11 to enhance domestic law enforcement investigatory authority, including sweeping surveillance and search powers — while, some claim the elimination of judicial oversight to ensure these powers are not abused.

Shortly after Microsoft’s admission, the European Parliament demanded answers from the United States — sparking a diplomatic outrage over the disparity in data protection laws.

Europe’s Data Protection Directive was brought into law in 1995, and forms the basis of each member state of the European Union’s data protection laws.

It has long believed that the United States’ Patriot Act outweighs the European data protection laws.

Related content:

Also read ZDNet’s Patriot Act series:

ZDNet’s Wikileaks series:

Kick off your day with ZDNet's daily e-mail newsletter. It's the freshest tech news and opinion, served hot. Get it.

Topics

Zack Whittaker, a criminologist who studied at the University of Kent, Canterbury, is a journalist, writer and broadcaster.

Disclosure

Zack Whittaker

I worked briefly with Microsoft UK in 2006 but no longer have any connection with the company. Regardless, I remain impartial and unbiased in my views.

I don't hold any stock or shares, investments or industrial secrets in any company, but have signed confidentiality agreements with a number of UK and U.S. organisations, whose names I am not at liberty to disclose.

I was involved with Kent Union, the University of Kent's student union, undertaking voluntary, non-salaried, elected positions between early 2009 and mid-2010.

No other company, body, government department, non-governmental organisation or third sector organisation employs me or pays me a salary in any capacity whatsoever.

As a freelance journalist, whenever expenses are given and taken by a company that is not CBS Interactive, these will be disclosed in each relevant post to ensure transparency.

I currently work with a UK law enforcement unit, but this is an entirely separate position which bears no connection to other work.

(Updated: 23rd October 2011)

Biography

Zack Whittaker

Zack Whittaker, criminologist who studied at the University of Kent, UK, is a journalist, writer and broadcaster.

After studying criminology at university, though still in his early-20's, he has already had a series unconventional work and voluntary positions. He has worked with researchers studying neurological illnesses like Tourette's syndrome (which he suffers from), has given lectures on the nature of disabilities in the public community, and occasionally ends up speaking on television and radio discussing the events of the day.

He first had academic work published at the age of 22, then still an undergraduate, and has been cited by a wide range of publications: from CNN, the Huffington Post, AllThingsDigital, The Atlantic Wire and CBS News.

Related Discussions on TechRepublic

Did you know you can take part in these discussions with your ZDNet membership?
36
Comments

Join the conversation!

Just In

RE: Wikileaks: Homeland Security invokes Patriot Act on Assange; seeks server data
JustCallMeBC 27th Aug
Law enforcement loves the law because it allows more free time for donut eating, SUV shopping, and afternoon offs for baseball games instead of having to do more tedious investigative work that doesn't trample on the Bill of Rights.
The Patriot Act was a stupid idea then and is even more stupid now.
@JustCallMeBC

THIS..what business does US have in asking for data from EU companies that don't do business with USA?
0 Votes
+ -
@rcm0502@...
You don't think the EU would give access to data to the US if they didn't already have a similar agreement in place where the US gives access to data on US soil to the EU, did you.

It's how it works.
@william farrell
Read the article - Europe is complaining about American companies operating in Europe providing information on European individuals and companiea to the US government
@JustCallMeBC Homeland Security = Gestapo. Patriot Act = first step toward a "Fourth Reich." Resist the government and you are thrown into prison without a trial. Our government was built with checks and balances to prevent one branch from gaining too much power. This was done to protect the freedoms of the people who put those idiots in power. Those checks and balances were eliminated when they passed the Patriot Act. It is the most un-patriotic law ever passed. The sponsors and GWBush should live in infamy as the people who destroyed freedom in the U.S. We now abuse human rights on a par with China, simply throwing people in prison who try to expose the illegal activities and corruption in our government. The Patriot Act will probably be cited by historians as the primary cause when the second American Revolution occurs someday.
Law enforcement loves the law because it allows more free time for donut eating, SUV shopping, and afternoon offs for baseball games instead of having to do more tedious investigative work that doesn't trample on the Bill of Rights.
0 Votes
+ -
yoga mat kits
nazia212 24th Aug
I have something to say over this blog that this is an admirable what you have done here. It is pleasing to look you express from the heart and your clarity on this significant content can be easily looked. Remarkable post and will look forward to your future update.
yoga mat kits
0 Votes
+ -
Great.
Ninja1507 Updated - 24th Aug
50 Bucks says anons will react to this swiftly, they did with the paypal thing right? So this might be interesting to watch.
@Ninja1507 Yes, it would be funny to watch more of them get arrested. "I didn't know it was a federal crime." won't reduce their prison time.
Sweet. Maybe this means that Assange is one step closer to a federal prison.
@Hallowed are the Ori
You really think that US jurisdiction is world wide, don't you ?

Not quite right !
@hkommedal

Nope. Not at all.

But I have heard that lots of countries have these neat things called extradition treaties.
with having to comply with what the U.S. requests.

It's not what you and a lot of other people might want to hear or agree with, but it's a reality of life in the world. Being dependent upon the U.S. means that, those countries don't really have very many choices.
@adornoe@..

Last I heard was that the US was dependent on money from China.
P.S. Many European countries, not all, are doing MUCH better than the US, when it comes to economy.

Some even have a budget SURPLUS.
One small European country, Norway, has had a budget surplus for decades and the surplus is SAVED for later.

Reality is that AT PRESENT the US is a lot more dependant on other countries than vice versa.

It was not always like that, but it IS now !
0 Votes
+ -
hkommedal: Think again...
adornoe@... 24th Aug
The U.S. borrows money from China, but China is a lot more dependent upon the U.S. for its economy, because, without the U.S. using China as the producer for the goods that Americans want or need, then China would not be much better off than North Korea. China is only showing economic growth after the U.S. sent a lot of contracts and manufacturing plants there to become "our manufacturing base", and if we had to pull our plants and jobs from China, then China wouldn't be as successful as they've been since we started using them to produce what Americans need or want. China is hoping that the U.S. economy does recover, because, without us recovering, then China's "economic miracle" will come tumbling down.

And there's not a European country that is not dependent upon the U.S. for their defense, and that includes the major countries and the lesser ones. We are their defense, and they've become almost completely dependent upon the U.S. to stop all threats, even with a weakened economy.

BTW, there isn't a single economy in Europe that is any better off than the U.S. Europe already has a few economies which, for all intents and purposes, have collapsed or are ready to collapse. And even Norway will feel the domino effect for the rest of Europe once they all start collapsing.

The U.S. still has a chance to recover, and there are many pockets of good growth in several states, like Texas. What Texas does, can be done in many other areas, and it's just a matter of the federal government, with Obama at the helm, to decide to stop the madness which has made our economy almost as bad as those in Europe.

No matter how you look at it, as goes the U.S., so goes the world, and that includes China and all of Europe.

BTW. if the U.S. economy does collapse, where will the Europeans find the money to build their own defense forces? One of the biggest reasons that some European countries have been left unscathed up to now, is that, most of them don't spend any significant money on defense, turning instead to the U.S. to cover that area for them. Nice, huh?
And how long non US company will continue to use US webservices?
if that non-U.S. server is in a country that is allied with the U.S. for defense purposes.
@adornoe@... I wouldnt bet on that. US law stops at the US border, as much as your justice dept might thing otherwise.
@adornoe@...
So Switzerland and Russia would be good choices then.
have agreed to comply with, so, that's not a part of regular U.S. laws and is a part of an international treaty or agreement.

hkommedal: Going with a country that is not part of the agreement to share information according information, might be an option, but going with a country such as Russia might be the same as swapping a demon for the devil.
The Patriot Act is a un-patriotic neo-CONservative un-Constitutional Fascist Bush administration document designed to strip Americans of their rights in order to eventually enslave the population under the guise of "National Security". What it actually accomplishes is to make us less safe, and less free. It should be overturned immediately. The Founding Fathers are rolling over in their graves regarding such a travesty of their intent toward a free society & people.
decide to extent the act when they had complete control of congress and the presidency? How do you explain that?

BTW, what rights have you or any one you know, lost as a result of the Patriot Act?

The enslavement of which you speak is happening right before your eyes, but you're too blind and ignorant to realize that, what the liberals have done to this country over the decades is to create a dependent society, and a dependent society is one which is easy to manipulate from a government that has slowly taken away our freedoms in the name of social engineering.
@adornoe@...

Let me bring in my humble opinion to the discussion.

I could be wrong here, but it appears that the machine built to create fear in people's minds is gradually increasing its output and spinning with higher revs, as a direct result and aid (even if partialy) of the Patriot Act. Although I am running the risk of being harsh with my comparison, let me add that Gestapo, KGB, Stasi, Securitate, Pinochet's Secret Police and many other similar organizations of dubious nature, were all established by their respective regimes to install fear in their populace, which inherently ensues obedience of the masses to its rulers. The Patriot Act, to big extent, is a fundamental and vital part of the "tools inventory" widely used by such organizations to keep things under control. Just look at the World History for the last 100 years. People are slowly starting to fear everything and everyone. With every day gone-by I see how America slowly starts adopting the means of controlling its citizens, those same means it so vigorously fought against during most of its wars across the globe ? hailing democracy and freedom all along. The funny part here is that such changes in the law are always introduced in the name of freedom and security. From history lessons, we all know where this leads.


I couldn?t reply on one of your earlier post in this talk-back, so here it is.

BTW. if the U.S. economy does collapse, where will the Europeans find the money to build their own defense forces? One of the biggest reasons that some European countries have been left unscathed up to now, is that, most of them don't spend any significant money on defense, turning instead to the U.S. to cover that area for them. Nice, huh?

You must always remember that there are often two sides to a statement. Yes, the poor countries often do not have the means to create huge modern armies to defend their sovereignty - if and when needed, and as a result they tend to tag along in organizations (such as NATO) to fill the gap. But on the other hand this is of great benefit to the economy of USA, where the military behemoth represents a huge manufacture and job creation industry. So, in reply to your (may I say) sarcastic hint, that the USA is being yet again used and abused by the others, try to remember that often there are perhaps better benefits ensuing from this.

My friendly regards.
No matter some's wish a wish, think a think comic book attitude on lawlessness, I've said it before and I will say it again: You don't mess with the Hammer! In due time all of these miscreants will be brought to justice. And this red herring that the EU don't like and won't allow is another fairy tale, comic book reality. Make no mistake about it, the EU is part of the Hammer. Hoorah!!
There's only so long you can ignore reality, high on your own hubris. Give it 3-5 years, I don't think they'll be so presumptuous and heavy handed when they're a basket case domestically. And, it won't come too soon; they want the world to dance to their tune & kowtow to their laws but when it comes to respecting the sovereignty of other countries' laws: "Hell no! Ahm the Gahd-damned US-of-A mother$@#$ers!"
0 Votes
+ -
Be careful what you wish for...
adornoe@... 24th Aug
because without the U.S. to defend your sorry butts, you will be wishing to have the U.S. back and even stronger.
@adornoe@... Typical US crap. We actually beg them to join us in our imperialist illegal wars so it looks like something other than what it is. One bully country killing civilians in six or seven countries for no real reason other than to justify the crap it's doing to it's people back home and to get it's hands on oil.
Obama just keeps going to the darker and darker side almost every day. Blatantly breaking laws and ignoring the constitution. The biggest liar that ever ran for president and me, the biggest chump in the world for voting for him. Never again. This country might as well be run by the Mafia. Most transparent government in history. obama, you are the most pathetic liar who ever ran for office. You want to know everything but the people are not supposed to know anything.
Not the way the people who set up this country wanted it. Not that it matters to you. But it will. You can't keep treating the people like dirt while you suck up to the banks and the MIC. Total disgrace.
@adornoe@...
Yes you DO have a point there.

You will find that just about every European country WANT the US to be stronger.
Absolutely correct there.

However they ALSO want the US to be more truthful.

Classing Wikileaks as a "threat to security" or even "a terrorist organisation" as some will have it, does NOT improve trust in the US.

Bye the way; you mentioned that the US force was important to European countries, and that IS correct.
On the other side, the US based companies that sell the same military equipment to European countries as the US use themselves, will have a hard time keeping their prices competitive without all those European customers.

It is a two sided story, but the main points are:
European countries WANT the US to be strong, but they do NOT want the bull shyte.

Classing embarrassment to US politicians as a security threat is NOT a good start.
It ruins any trust that is left, and there IS still some left.
0 Votes
+ -
It's About The Web...
TerrifiedCitizen 25th Aug
The more hacking and frustrated prosecution is really what govts want... It's setting the stage for more and more govt control over the web in general.
We will have to see if the request agrees with the "Safe Harbor Rules" signed between US and Europe.
I hear a lot of accusations against Wikileaks, but what have they done to actually harm the USA? Embarrassed a few politicians? Have they outed any CIA agents? Invaded any sovereign nations? The so-called 'patriot' act is an affront to the US Constitution. As Franklin said, "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." The "patriot" act is overreach by the government and using it to go after Wikileaks of overreach of the "patriot" act.
0 Votes
+ -
Process to defeat government demands
DougBuchanan.com 25th Aug
My friends, including those mental midget school yard bullies working for government, of which I foolishly was one in the US Army before I started asking questions.

There is a simple process to defeat demands made by government. I have offered it without charge at Think Dot ws. (some sites allow no links) Anyone can learn the process, including government chaps.

Amusingly, and describing the yet primitive nature of the human mind, the disguise of the process, in simplicity, even when the disguise is explained, leaves all societies of adults yet sincerely believing that they hold no human right to do anything humans can do, without first getting permission (permit, license, mandatory paperwork) from an obviously and verifiably more ignorant, intellectually self-stagnated fellow adult who is so ignorant and incapable that he or she has sunk to a government job.

The adults never allow themselves to achieve adulthood, capable of making their own decisions, and instead choose to remain incapable children with a government parent of stupid school yard bullies.

The simple acquisition of a government job by the usual methods proving general incompetence, causes non-government fools to believe that the government sops are Gods who must be obeyed.

The process to defeat the demands of commonly dumb humans who think they are Gods because they have government jobs, is to ASK THEM QUESTIONS, on open public record, certain well constructed, very effective questions.

God can answer any question. Notice that dumb government chaps can rarely answer the question you ask, with an answer that actually answers the question you asked. That illuminates a contradiction. Humans hold no ability to sustain a contradiction. The astute reader will recognize the potential in developing effective questions.

All wise people have often stated.... Seek the questions, not the answers. Do so.

I have openly offered the knowledge without charge. I have mentioned it often on blogs of this sort. And tomorrow fools will do illogical, damaging things they are told to do by government, without asking any questions. The humans are that primitive.

You government thugs and dolts... Do whatever you want with the human fools, but your success insures that your own children will be that monumentally ignorant, stupid, intellectually void and incapable.

That is, unless they learn on their own that their parents maliciously intended to deny them adulthood, and intended to keep them under the heel of ignorant school yard bullies who perceived themselves as Gods with government guns.

And if you children of government chaps figure it out, you will inescapably recognize the repugnance of your parents.

Enjoy the show.

Respectfully, DougBuchananCom
Are we clear yet, that Barack Obama is actually a neocon, in charge of George Bush's third term, and doing an unfortunately bang-up job at it thanks to liberal acquiescence.
@KristolSeth
It does look quite much like that, but at least he is taking NOTICE of a storm on its way to possibly cause havoc along the east coast, and PREPARES before the fact and not after.
At least that bit is a notch better than Bush's response to the Katrina storm.

Apart from that, if you compare actual politics, Obama is probably pretty much in line with Reagan.

The extreme right, such as the "Tea Party" (a.k.a. Koch Bros and Rupert M's propaganda ministerium), is more commonly in line with foreign countries bad history of fascism.
0 Votes
+ -
Way too Much Thought on This
smharmon1 25th Aug
The powerful just make up the rules as they go along, and we've had years and years of illogic and phony reasons for their actions. Nothing new here. I think Thucydides said it best: "the strong do what they can and the weak suffer what they must."
0 Votes
+ -
at adornoe@...
phaidros52 26th Aug
Can I have some of your smoke? Seems to be great to diffuse the look on reality.

Have a look here and think again:
http://en.wikipedia.org/wiki/List_of_countries_by_military_expenditures

Join the conversation!

Formatting +
BB Codes - Note: HTML is not supported in forums
  • [b] Bold [/b]
  • [i] Italic [/i]
  • [u] Underline [/u]
  • [s] Strikethrough [/s]
  • [q] "Quote" [/q]
  • [ol][*] 1. Ordered List [/ol]
  • [ul][*] · Unordered List [/ul]
  • [pre] Preformat [/pre]
  • [quote] "Blockquote" [/quote]
ie8 fix

The best of ZDNet, delivered

ZDNet Newsletters

Get the best of ZDNet delivered straight to your inbox

Facebook Activity

White Papers, Webcasts, & Resources
ie8 fix