WikiLeaks Gets Taken Down--Should Domain Owners be Concerned?

Wikileaks.org is (was?) a site created for whistle-blowers to post incriminating documents. There's obviously potential for abuse there, and WikiLeaks claims to have posted 1.2m documents, which is certainly a lot of incrimination.

Whistle-blower site taken offline BBC NEWS | Technology

A controversial website that allows whistle-blowers to anonymously post government and corporate documents has been taken offline in the US.

Wikileaks.org, as it is known, was cut off from the internet following a California court ruling, the site says.

The case was brought by lawyers working for the Swiss banking group Julius Baer. It concerned several documents posted on the site which allegedly reveal that the bank was involved with money laundering and tax evasion.

The documents were allegedly posted by Rudolf Elmer, former vice president of the bank's Cayman Island's operation.

The BBC understands that Julius Baer asked for the documents to be removed because they could have an impact on a separate legal case ongoing in Switzerland.

There are a couple interesting things about the take-down which should concern any domain owner.

  1. Wikileaks was not at the hearing which closed the site. They claim to have been given only a few hours warning via email. The take-down was done via the registrar (Dynadot). Additionally, the court (apparently being more technical than most) also ordered Dynadot to prevent any domain transfers.
  2. A California court took the entire site offline because of a legal issue in Switzerland over specific documents.

I suppose going through the registrar is similar to having a landlord change the keys on an apartment, but I find it very disturbing that this was apparently done without first attempting to negotiate with the Wikileak maintainers. This isn't a case where there is any time critical element, or where evidence might "disappear" if the owner was given a warning. Quite the contrary. So what's the rush? And what are the legal implications?

I also find it disturbing that a California court is enforcing Swiss laws, particularly ones that don't appear to have U.S. analogues. And that they would take such draconian measures. They've shut down the presses in order to prevent the repeated publication of an "article" that has already been made public. I certainly hope that someone rules that they've overstepped their bounds.

BTW. There are of course, still mirrors to the site. (You should be so lucky if your site gets taken down.) You can find one here. And their article on the take-down his here.

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This page contains a single entry by Kee Hinckley published on February 18, 2008 5:39 PM.

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