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Wednesday, October 27, 2004

Indymedia Server Re-cap

Orin Kerr, at the Volokh Conspiracy, has a detailed analysis of the FBI, Indymedia, Rackspace server shutdown story. His conclusion:

To summarize, it seems highly likely that the FBI only served an order to disclose information on Rackspace. Rackspace was lazy, though, and instead, on its own volition, handed over the entire server (to whom, we don't know). We can't be sure yet, but it seems very likely that Indymedia's sites were down not because the FBI ordered that they be taken down, or because the FBI ordered that Rackspace had to hand over the servers, but because Rackspace was being lazy. Further, it's not clear why any gag order on Rackspace would forbid Rackspace from admitting this. I don't know much about Rackspace, but I wouldn't be surprised if they are taking an unreasonably broad interpretation of the nondisclosure order to try to shield their goof-up from the public.
This seems reasonable to me, read the rest of his post for more details about how he arrived at this conclusion.

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