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Court orders can require phone companies or online service providers to reveal them, "along with a gag order preventing (them) from disclosing the existence of the government's demand. More often, companies are simply (subpoenaed) by prosecutors without any court involvement; these demands, too, are rarely made public."
EFF called the gag order "Bogus (for) Demanding the Recipient's Silence Without Any Legal Basis." It's "ready to provide assistance (whenever) government knocks on someone's door with an unlawful, invalid, overbroad, free speech-threatening, privacy-invasive demand for your sensitive Internet data." It represented IMC and prevailed, in part because the site doesn't keep historic logs on its visitors.
On November 13, indymedia.us announced:
"....we've managed, after nearly a year of legal action on our behalf by (EFF), to successfully fight back against a bogus (DOJ) subpoena request in conjunction with a grand jury investigation....not only did (we) object to this blatantly illegitimate and overly broad request, but, per accepted Indymedia best practices, we do not keep such logs in the first place, in order to maximally ensure the privacy of our site users. Also troubling was the (gag order prohibiting any discussion of) the legal issue with the broader network of collectives cooperating on the indymedia/us site."
EFF stresses that "the level of secrecy surrounding how the government uses its surveillance authority under the Stored Communications Act encourages abuses," including a free and open Internet. What Jefferson understood by saying that:
"If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be."
Stephen Lendman is a Research Associate of the Centre for Research on Globalization. He lives in Chicago and can be reached at lendmanstephen@sbcglobal.net.
Also visit his blog site at sjlendman.blogspot.com and listen to The Global Research News Hour on RepublicBroadcasting.org Monday - Friday at 10AM US Central time for cutting-edge discussions with distinguished guests on world and national issues. All programs are archived for easy listening.
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