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[FYI] (Fwd) FC: Massachusetts AG serves cryptome.org with subpoena for logs
------- Forwarded message follows -------
Date sent: Wed, 8 Jan 2003 15:42:38 -0500
From: Declan McCullagh <declan@well.com>
To: politech@politechbot.com
Copies to: jya@pipeline.com
Subject: FC: Massachusetts AG serves cryptome.org with subpoena for logs
Send reply to: declan@well.com
My favorite two photos of John Young, the estimable operator of
cryptome: http://www.mccullagh.org/image/d30-23/john-young.html
http://www.mccullagh.org/image/12/john-young-cryptome.html
The web page the subpoena asks for logs relating to:
http://cryptome.org/sec-con.htm
---
http://cryptome.org/cryptome-log.htm
6 January 2003
_________________________________________________________________
[Received by fax, 6 January 2003.]
THE COMMONWEALTH OF MASSACHUSETTS
OFFICE OF THE ATTORNEY GENERAL
ONE ASHBURTON PLACE
BOSTON, MASSACHUSETTS 02108-1598
TOM REILLY
ATTORNEY GENERAL
(617) 727-2200
www.ago.state.ma.us
December 31, 2002
VIA FACSIMILE (212) 873-8700 [John Young's voice number]
AND FIRST CLASS MAIL
Cryptome, Custodian of Records
Attn: John Young
251 West 89th Street
Suite 6E
New York, NY 10024
Enclosed is a Grand Jury subpoena requiring that Cryptome produce
certain records.
Business records may be admitted into evidence without the
requirement that the keeper be physically present. In lieu of a
personal appearance of a member of your staff, copies of the
records may be delivered to Lt. Dermot Quinn at the following
address on or before January 16, 2003:
Office of the Attorney General
Criminal Bureau, 19th Floor
One Ashburton Place
Boston, MA 02108
The records should be accompanied by a sworn affidavit attesting to
their origin, truth and accuracy. A sample affidavit is enclosed.
As this subpoena is related to an ongoing criminal investigation,
please do not reveal this request to any individual not necessary
to comply with the supoena or to the subcriber.
Thank you for your attention to this matter. If you have any
questions, please feel free to call.
Very truly yours,
[Signed]
John A. Grossman
Assistant Attorney General
Chief, Corruption, Fruad &
Computer Crime Division
JAG/lc
Enclosures
_________________________________________________________________
Duces-Tecum Subpoena
Commonwealth of Massachusetts
MIDDLESEX, SS.
SUPERIOR COURT DEPARTMENT
To the Sheriffs of our several Counties, or their Deputies, any
State Police Officer, the Constables or Police Officers of any city
or Town, and all other officers authorized to serve criminal
process in the Commonwealth.
GREETINGS:
You are hereby commanded to summon
Cryptome
251 West 89th Street, Suite 6E
New York, NY 10024
(if he/she may be found in your precinct) to appear before the
GRAND JURY - next to be-holden at CAMBRIDGE within and for our
County of Middlesex on the 16th day of January A.D. 2003 at 9:00am
and from day to day thereafter, then and there to give such
evidence as he or she knows relating to any matters which may be
inquired of on behalf the Commonwealth before said GRAND JURY in
the matter of Commonwealth v. John Doe, and bring with him/her all
logs recording the I.P. addresses and/or users who visited
"http://cryptome.org/sec-con.htm"; between 11/7/02 00:00:00 GMT and
11/14/02 23:59:59 GMT. If no such log exists for the specific page
in question, please provide any logs that would cover the domain
together with an explanation of what the log covers.
HEREOF FAIL NOT, and make due return of this Writ, with your doings
thereon, into the said Court.
WITNESS, my hand, at Boston in the County of Suffolk this 31st day
of December in the year of our Lord two thousand and two.
A true copy, attest:
[Signed]
Lillan Cox
[Signed]
John A. Grossman
Assistant Attorney General
(617) 727-2200 x2842
If you have any questions, please contact John A. Grossman at
telephone number (617) 727-2200 x2842. A personal appearance is not
necessary. Please have the requested materials turned over to Lt.
Dermot Quinn, (fax number 617-727-5761) or any other member or
representative of the Massachusetts State Police.
RETURN OF SERVICE
Suffolk
2003
[DEL: Middlesex :DEL] , ss.
January 2, A.D. [DEL: 2002 :DEL]
By virtue of this writ, I have summoned the within named witness
for his/her appearance at by (please check one):
_____ By providing him/her a copy of this writ IN HAND, or;
_____ By leaving a copy of this writ of his/her last and usual
place of abode, or;
__X_ By mailing a copy of this writ to his/her last and usual
place of abode, or;
__X_ By faxing a copy of this writ to his/her last and usual place
of abode.
Signed under the pains and penalties of perjury
[Signed Lillian Cox]
Deputy Sheriff, Court Officer, Constable, Police Officer, or other
Qualified Person
_________________________________________________________________
-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1
CRYPTOME
COMMONWEALTH OF MASSACHUSETTS
AFFIDAVIT
I, John Young, administrator of Cryptome, hereby declare that logs of
Cryptome are deleted daily, or more often during heavy traffic, to
protect the privacy of visitors to the site. Cryptome does not own or
know the location of the machine which hosts its virtual private
server under a service agreement with NTT/Verio.
There are several international mirrors of the files on Cryptome, all
of which, to the best of my knowledge, delete logs to protect privacy
of visitors.
Attested and communicated to the Commonwealth of Massachusetts by this
PGP-signed statement published on Cryptome, 6 January 2003:
http://cryptome.org/cryptome-log.htm
-----BEGIN PGP SIGNATURE-----
Version: PGPfreeware 6.5.8 for non-commercial use <http://www.pgp.com>
iQA/AwUBPhpur83tUCaers1UEQJOFgCdEYHRJZIKKfm2qNwJfxyHpdZYE6EAoKkS
X3t2KCSOi80dzCzaX5ISxPya
=gqbz
-----END PGP SIGNATURE-----
_________________________________________________________________
----- End forwarded message -----
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