
The Wikileaks Mess
These are some notes on current events involving a web site
called Wikileaks.
Their mission is to leak documents, and assure they stay leaked.
They preserve the anonymity of leakers, and are in no hurry
to comply with government orders to keep things quiet.
The New York Times has a good
summary here, and
here's a good story at Computerworld.
- What has happened.
- Wikileaks posted some documents, apparently genuine,
originating from Baer Bank and Trust Co., a Cayman Islands operation of
the Swiss bank Julius Baer & Co. Wikileaks believes some of these
documents may contain evidence of money laundering and/or tax fraud.
- Bank Julius Baer is not pleased. They brought an action in
federal court in California against Dynadot, which is the DNS
registrar for Wikileaks. The judge ordered Dynadot to remove
the DNS entry. They have.
- The judge issued a second order instructing everyone involved,
Wikileaks, Dynadot, and ten John Does, to remove the Baer documents.
It's not clear if this was intended to replace the previous order or
add to it.
- The main Wikileaks web site is located in Sweden, beyond even the reach
of even a federal judge, and remains up. While it cannot be
reached by http://www.wikileaks.org,
the site can be
reached by IP address: http://88.80.13.160/. There are also
several alternative names registered outside the US which work just
fine, such as http://www.wikileaks.cx, which resolves to the
same IP address.
- The main site has been
struggling to support a much higher level of traffic
than ever before because of the additional publicity.
- Observations.
- One wonders if the judge understood how
little he accomplished
by blocking a DNS entry, but leaving the site itself up.
- At the same time, the action is directed against the whole site,
most of which contains documents other than those under dispute.
- The news stories have created a huge amount of publicity for
Wikileaks. Many netizens who hadn't heard of the place and
probably wouldn't have bothered are going there to see what it's like.
- There are plenty of folks in Internet
land who consider “don't post or display” fighting words.
Every last one of them seems to have made copies of the offending
documents, even if they hadn't heard of Wikileaks two days ago.
It seems the bank had no clue how
counterproductive
their actions would be.
This may be rather a clash between the
mind-your-business world of a Swiss bank and the
let-it-all-hang-out web culture.
- Given the distributed and international nature of the Internet,
it's essentially impossible to get rid of anything once it's there.
- Why on earth is a US court entering a dispute between the Cayman Islands
branch of a Swiss bank and a Swedish web site? Because the
site used a US domain registrar. Does that seem like a pretty weak
reason to you?
Update: Judge White has now disolved his order against
DynaDot. According this story in
the New York Times, the judge was most frustrated that the technology simply
did not leave him any way to defend the privacy of bank customers.
The judge also asks, but can't answer, the question of just what
Wikileaks is, and how on earth can we tell what jurisdiction it's in.
This
article includes links to relevant legal documents.