SOUTH AMERICA:
Indymedia Seizure Hits
Two Nations
Annalena Oeffner*
MONTEVIDEO, (IPS) - Freedom of expression worldwide has been under
threat since agents of the U.S. Federal Bureau of Investigation (FBI)
last week seized two Internet servers hosting websites of the
Independent Media Centres. In Latin America, Indymedia Brazil and
Uruguay are directly affected.
"The incident resembles a Kafka novel," Pablo Ortellado of Indymedia
Brazil told IPS in an e-mail interview. "Our equipment was seized and we
don't exactly know when, by whom or why."
The servers confiscated on Oct. 7 were located in the UK premises of
Rackspace, a U.S.-based company, and hosted 21 sites.
Indymedia is a network of more than 140 websites worldwide. It was
established in 1999 to report alternative viewpoints on the World Trade
Organisation's conference in Seattle, and is now a major source of
information for the anti-globalisation movement.
Anyone can publish on Indymedia. According
to "Libertinus," an activist at Indymedia Uruguay, the medium is one
of the "most effective forms of free flow of information."
Indymedia Brazil managed to return online 24 hours after the
seizure. Still, some of their material is missing. For Indymedia in
Uruguay, one of the smallest Latin American countries, the situation
is much more precarious.
"If the recovery work is going well, the entire website might be
back on air next week," reckons Libertinus. Yet, "a great part will
be impossible to retrieve, in particular the multimedia archives,"
the activist told IPS.
The main consequences are, however, political rather than technical,
claims Ortellado, as the incident demonstrated that a government can
seize equipment of an independent communication medium in a foreign
country, on the basis of foreign law, without formal charges and
without being required to release information about its actions.
Until now, nobody seems to know why Indymedia was targeted. The
seizure could be related to the publication of pictures on one of
its French sites, showing Swiss undercover police photographing
protestors. If this suspicion is confirmed, says Ortellado, we will
have witnessed the violation of civil rights on a global scale.
"Swiss police, protesting against news on a French website hosted on
an English server get the American government to seize the server
and take more than 20 independent media sites off-line," he says.
Libertinus believes the incident was an intentional attempt at
sabotage, to intimidate a network that has been growing considerably
in the past months, and represents a threat to the world's powerful.
The authorities of at least four countries, Switzerland, Italy, the
United Kingdom and the United States, might be involved in the
seizure, suggests an Indymedia press release.
Federal prosecutors in both Switzerland and Italy have confirmed
they are investigating Indymedia, and the Italian prosecutor
reportedly said there are suspicions the network may "support
terrorism," says Indymedia.
A representative for the network in the United States said the group
still has received no official explanation for the shutdown. "But
apparently this morning the Swiss said they had never asked the FBI
to seize the servers, just that they were looking at the photos (of
undercover police)," David Meieran of Indymedia Pittsburgh told IPS.
"Ten to 15 days ago there was a communication between the FBI and
Rackspace, although we were not informed of this. It's a plausible
inference that these photos were involved," he added.
To date, six of the websites had resumed operating, said Meieran.
In a statement issued Oct. 8, Rackspace claims to have acted "in
compliance with a court order pursuant to a Mutual Legal Assistance
Treaty (MLAT), which establishes procedures for countries to assist
each other in investigations such as international terrorism,
kidnapping and money laundering."
However, representatives of the two Latin American sites do not
accept Rackspace's explanation. "It is no justification but an
excuse allowing the FBI to use their methods all over the world,"
says Libertinus. Ortellado calls the incident a serious affront
against freedom of expression and of the press.
"If the American government was able to force an American company
based in a foreign country to hand over the servers of a media
organisation using arbitrary methods and without going through a
transparent judicial process, there is no reason why the same
methods could not be used again in other circumstances, in other
countries, targeting other organisations."
Indymedia is currently being working with the Electronic Frontier
Foundation (EFF) on possible responses it could take to the seizure.
According to Ortellado, other organisations such as the Centre for
Constitutional Rights have offered their assistance.
EFF Staff Attorney Kurt Opsahl writes on the organisation's website:
"This seizure has grave implications for free speech and privacy.
The constitution does not permit the government unilaterally to cut
off the speech of an independent media outlet, especially without
providing a reason or even allowing Indymedia the information
necessary to contest the seizure."
According to the general secretary of the International Federation
of Journalists (IFJ), Aidan White, "We have witnessed an intolerable
and intrusive international police operation against a network
specialising in independent journalism. The way this has been done
smacks more of intimidation of legitimate journalistic inquiry than
crime-busting."
In an Indymedia news release, Libertinus explains the particular
consequences of the seizure for his country. "Uruguay has a long
history of media repression. We don't have the money to pay for web
hosting, and so we rely on the solidarity of other countries."
"Actions like the seizure of the servers make the whole world
insecure for free media. Uruguay's national elections will take
place on Oct. 31. It's a bad time for this to happen."
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