It's alive, but not well.
These days, if you say something that someone disagrees with, they can make up something and sue you for it. Take Al Franken's book "Lies and the Lying Liars Who Tell Them, A Fair and Balanced Look at the Right." Bill O'Reilly of Fox News decided that they should sue him for copyright infringement. Luckily, Al Franken can afford a court case. Some people can't. Take the New York branch of IndyMedia.org. They're a group that is generally anti-Bush who posted the names of thousands of RNC delegates and other information about them. Naturally, the Secret Service decides these people could be hackers or identity thieves. So, they ask not IndyMedia, but their NYC-based web hosting provider, for subscriber info, billing records, and contact info for the nyc.IndyMedia.org site.
Now, just who is the suspected identity thief?
Anyway, so the web host turned down the request and of course, they subpoena the web host. Only this time, the excuse--er, reason given for the subpoena is that they are investigating possible attempts at voter intimidation.
Now THAT'S rich. Like there's any actual voting going on at the RNC! Come on!! Was the Secret Service investigating possible cases of voter intimidation in Florida back in 2000? Of course, in Florida, it was about black people not getting to vote. As we all know, Republicans are mostly white folks and again, it's not like there is any doubt how they'll vote. This is just childish government trying to play Big Brother. The New York Times article I got most of this information from even mentions how police are looking for any information on violent demonstrations that have been planned for the convention.
These IDIOTS just don't get it, do they?
The people who are protesting are AGAINST THE WAR. Why would they start one here at home??
The level at which the USGov distrusts the people of the United States (well, the outspoke ones) is disturbingly high despite the fact that there has been virtually no violence aimed at the USGov by domestic protestors. They must be really concerned that what they are doing is something for us to be way pissed at.
Incidentally, according to one staff member of NYC Indy Media, the delegate information is available to the public if you know where to look.
So, remember that even if what you are saying is true and even public information, if someone doesn't like it, they can come up with some paranoid reason as to why you need to be silenced and it can cost you time, effort and possibily even money to defend yourself.
Can it really be considered "free speech" when it costs so damn much to defend yourself?
And don't forget, obscenities are NOT covered in the freedom of speech.
Check out the New York Times coverage of this story over at their website.
Read IndyMedia's own coverage of this story at their website.
From NYTimes.com:
August 30, 2004Subpoena Seeks Records About Delegate Lists on Web
By ERIC LICHTBLAU
WASHINGTON, Aug. 29 - The Justice Department has opened a criminal investigation and is demanding records regarding Internet postings by critics of the Bush administration that list the names of Republican delegates and urge protesters to give them an unwelcome reception in New York City.
Federal prosecutors said in a grand jury subpoena that the information was needed as part of an investigation into possible voter intimidation. Protesters and civil rights advocates argued that the Web postings were legitimate political dissent, not threats or intimidation.
The investigation, conducted by the Secret Service, comes at a time when federal officials have begun an aggressive effort to prevent what they say could be violence by demonstrators at the convention this week and at other major political events. Large-scale demonstrations in New York began over the weekend.
The Federal Bureau of Investigation has questioned at least several dozen would-be protesters about whether they knew of any plans for violent demonstrations, and it has directed agents nationwide to identify possible criminal plots. Some Democrats in Congress and civil rights advocates have criticized the efforts, saying the inquiries have had a chilling effect on free speech.The accusations are likely to intensify with the disclosure of the subpoena regarding the Republican delegates.
"People have a right to be heard politically, and the names of a lot of these delegates are already public anyway," said Matt Toups, 22, a system administrator for the Web site under federal investigation. "This is just part of the government's campaign to intimidate people into not saying things."
A senior Justice Department official, speaking on condition of anonymity, said the department was sensitive to First Amendment concerns. But when officials were alerted to the posting of the names and identifying information for delegates, they were concerned about the prospect that delegates could be harassed or become victims of identity theft, and they wanted to know why the information was posted, the official said.
"When you're confronted with something like this, you can't just ignore it," the official said. "I think people would expect us to look into it and find out whether there is anything going on here that goes beyond the bounds of free speech."
The Justice Department issued the subpoena on Aug. 19 to Calyx Internet Access, an Internet service provider in New York City, after a Secret Service agent asked the company to turn over information about postings on a client's site, nyc.indymedia.org. Calyx refused to turn over the information, citing privacy concerns, and a subpoena was issued.
The subpoena seeks subscriber information, and contacts and billing records for the Indy Media site. It says the information is needed to investigate possible violations of the federal criminal code barring efforts to intimidate, threaten or coerce voters.
The Indy Media site is run by the NYC Independent Media Center, which describes itself as a grass-roots group committed to using media tools "for promoting social and economic justice in the New York City area." The site includes several lists containing the names of many delegates to the Republican convention, along with e-mail addresses, phone numbers and the hotels where some were expected to stay, as well as links to a site called rncdelegates.com. Most of the lists were posted anonymously or by demonstrators calling themselves the RNC Delegates Working Group. One list includes more than 2,200 delegates, or nearly half the expected total. In publicizing the information, organizers said in a posting that they were trying to supply groups opposed to the Republican National Committee "with data on the delegates to use in whatever way they see fit."
"The delegates should know not only what people think of the platform that they will ratify, but that they are not welcome in New York City," organizers said in a posting.
"This upcoming mobilization in New York is not about the delegates, it's about who and what is going to be affected by the Republican Party platform that these delegates will proudly put their name to and will ratify," the message continued. "It goes beyond that, as we raise our voices and fists and proclaim that this rotten system of capitalist exploitation and imperialist domination must be swept away.''
The site includes a few retorts from backers of President Bush, with one message asking: "where is the list of Democratic delegates so I can 'use it as I see fit?' ''
Officials at the American Civil Liberties Union, which is representing Calyx, the Internet service provider, said they were aware of no postings that encouraged violence or intimidation of Republican delegates, and they said the site contained political dialogue and information that was protected by the First Amendment.
"We can't see any legitimate purpose behind this investigation, and it looks to us like another attempt to repress legitimate political dissent," said Ann Beeson, associate legal director for the A.C.L.U.
The Republican National Committee has declined to release the names of delegates, saying it does not want to invite harassment. A.C.L.U. officials said the names of delegates and details like which hotels they planned to use were available in the media and on Internet sites, including some state Republican Web sites.
Federal courts have traditionally set a high bar in deciding what constitutes threatening speech that goes beyond First Amendment protections, saying the threat of lawlessness must be specific and imminent.
In one significant case, a jury in Oregon ordered a group of anti-abortion activists to pay $109 million in damages after posting an Old West-style wanted poster, portraying named abortion doctors as "baby butchers." But an appellate court reversed the award. Parts of the case are pending.
In another Internet case decided in June, a Saudi graduate student was cleared of charges that the Web sites he ran had provided material support for terrorists. The student argued he had little to do with creating the material that was posted.
In 2001, the Seattle chapter of Indy Media was served with a warrant by the F.B.I. demanding electronic records after officials said stolen material related to a free trade meeting and protests in Canada showed up on its site. The group fought the request and said it did not turn over any records.
In the latest flare-up, A.C.L.U. officials said they planned to turn over to federal officials on Monday the subpoenaed information on system administrators and registration for the Indy Media site. But that will not reveal who posted the delegates' names. Mr. Toups, a student at Carnegie Mellon University who volunteers for Indy Media, said the group - by design - did not require the names of Web posters and could not identify the people who posted the names even if required.
"We respect the anonymity of our contributors, and we don't track addresses," he said.
Copyright 2004 The New York Times Company
From NYC.IndyMedia.org:
Secret Service Attempts Subpoena For Indymedia Logs as Part of Harassment Campaign
30 Aug 2004
As was reported in today's New York Times, the Department of Justice has opened a criminal investigation and is demanding records concerning anti-RNC deleagte posts to this website. Specifically, the DOJ is seeking information on lists of 2,200 RNC delegate names posted to our Open Newswire.
NYC Indymedia believes that this investigation is wholly without merit, and is part of a larger campaign of intimidation against our supporters and peaceful protest activities surrounding the RNC.
Additionally, NYC Indymedia does not keep the records that the DOJ is seeking. According to Global Indymedia, "as a result of [previous] attempts to violate our clear rights, we felt it prudent to develop a policy of not voluntarily gathering data for the government on people who visit our websites, or who post material to sites. '. . . we do not log IP addresses as a way of protecting the privacy of our visitors. . .'
Those of us at New York Indymedia feel, first and foremost, that this site is in the business of media-making and journalism. We invite first time visitiors to look around, and we hope they like what they see.
Calyx's contacts at Indymedia are represented by the American Civil Liberties Union and the Electronic Frontier Foundation. We advise all members of the press to contact our lawyers for further comment on this matter.
As was reported in today's New York Times, the Department of Justice has opened a criminal investigation and is demanding records concerning anti-RNC deleagte posts to this website. Specifically, the DOJ is seeking information on lists of 2,200 RNC delegate names posted to our Open Newswire.
NYC Indymedia believes that this investigation is wholly without merit, and is part of a larger campaign of intimidation against our supporters and peaceful protest activities surrounding the RNC.
Additionally, NYC Indymedia does not keep the records that the DOJ is seeking. According to Global Indymedia, "as a result of [previous] attempts to violate our clear rights, we felt it prudent to develop a policy of not voluntarily gathering data for the government on people who visit our websites, or who post material to sites. '. . . we do not log IP addresses as a way of protecting the privacy of our visitors. . .'
Those of us at New York Indymedia feel, first and foremost, that this site is in the business of media-making and journalism. We invite first time visitiors to look around, and we hope they like what they see.
Calyx's contacts at Indymedia are represented by the American Civil Liberties Union and the Electronic Frontier Foundation. We advise all members of the press to contact our lawyers for further comment on this matter.
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