FITUG e.V.
Förderverein Informationstechnik und Gesellschaft
FITUG e.V.Förderverein Informationstechnik und Gesellschaft |
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------- 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
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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 _________________________________________________________________
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
_________________________________________________________________
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