Wikileaks judge realizes you can't enjoin the net

Wikileaks judge realizes you can't enjoin the net

Summary: So, the site is back online, after Federal Judge Jeffrey White dissolved his previous order, ordering the site's U.

So, the site is back online, after Federal Judge Jeffrey White dissolved his previous order, ordering the site's U.S. registrar to pull it off the net. In reversing those orders, the judge focused on the First Amendment implications of taking the site down. But even more to the point, the judge noted with regret that his injunctions were just plain useless.
The record currently before the Court indicates that even the broad injunction issued as to Dynadot had exactly the opposite effect as was intended. The private, stolen material was transmitted over the internet via mirror websites which are maintained in different countries all over the world. Further, the press generated by this Court’s action increased public attention to the fact that such information was readily accessible online. The Court is not convinced that Plaintiffs have made an adequate showing that any restraining injunction in this case would serve its intended purpose.

In addition, there is evidence in the record that “the cat is out of the bag” and the issuance of an injunction would therefore be ineffective to protect the professed privacy rights of the bank’s clients.

Topics: Software Development, Banking, Browser

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  • forgetting the 1st Amendment?

    Clsoing down a whole site due to one item that may or may not be actionable seems a bit Stalinish to me. Perhaps our esteemed jurist would like to look at a little document called THE CONSTITUTION! Or perhaps he can set his draconian eyes on Fox News and shut them down for something. Or maybe we just get this Nazi off the bench.
    • RE: forgetting the 1st Amendment

      I fail to see where this is strange in this day and age. Anything over the past few years that offends the current administration and/or it representatives has been actionable. I wonder how many people actually noticed the restrictions imposed on war correspondents post-Abu Grahib? [Note: The military has always had restrictions on recording devices in controlled/restricted spaces so I frankly don't understand how that event happened in the first place.]

      The 1st, 4th and 5th Amendments have all been under seige in the past 5 or 6 years. With any luck this is a start to the reversal of a frighteningly Orwellian trend.
      • Longer than 5 or 6 years

        Funny how the warrant-less wire taps (and arrests) by prior
        administrations are swept under the rug.

        I think you can go pretty far back to see this is not a new
        trend. J. E. Hoover comes to mind.

        Judges, as a whole - there are exceptions, appear to be
        luddites where technology is concerned. Staff atty's and
        interns bear most of the burden for research and using
        things like Lexus and WestLaw.

        But amazingly this Judge was savvy enough to realize their
        mistake and act accordingly.
        • the power of activism

          I think it's pretty clear that this thing got fixed because of all the free legal power in the form of EFF and ACLU that piped in -- and all the press that it received. That's a point Santa Clara Law's Eric Goldman made to me last week. Imagine a site that somehow doesn't inspire activists and the legal groups, and you probably have an unconstitutional prior restraint on your hands.

          There is a definite need for some tech education for our judiciary.
        • Very True...

          But those are , in fact, what FISA and Miranda were meant to curtail. The point that I would have made had I gone on was that currently even the safety valves are being ignored. What's sad is that on the whole the general public isn't aware of many of the protections available. Even tech law education isn't going to save us if the professional jurists remain controlled.
          • fisa and miranda?

            FISA and Miranda simply have nothing to do with this case. FISA is about government surveillance; Miranda is about criminal prosecutions. Not seeing the connection. Some conspiracy theory about this all being controlled by Dick Cheney?
          • Sorry

            Wrong thread.....reply meant for above post.
  • RE: Wikileaks judge realizes you can't enjoin the net

    the internet is Other. Nothing works here - money, laws, influence... thank god, huh?
    • The Other?

      Pretty sure money works here. The laws ... well, some remedies needs updating, that's for sure.