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FC: ACLU will defend "cphack" mirror sites in court on M

------- Forwarded message follows ------- Date sent: Fri, 24 Mar 2000 16:24:28 -0500 To: politech@vorlon.mit.edu From: Declan McCullagh <declan@well.com> Subject: FC: ACLU will defend "cphack" mirror sites in court on Monday Send reply to: declan@well.com

The ACLU is representing three "cphack" mirror site operators who received subpoenas in the Mattel/CyberPatrol case. This afternoon ACLU attorneys filed documents to quash the subpoenas and oppose Mattel's request for a preliminary injunction. There will be a hearing in federal court in Boston at 2 pm Monday: http://www.politechbot.com/cyberpatrol/

I sent Mattel my request for an extension on replying to my subpoena this afternoon: http://www.politechbot.com/cyberpatrol/reply-to-schwartz.txt

Mattel is still sending out bulk email subpoenas. I got this note a few minutes ago:

>I host the site [URL deleted --DBM] on my computer at home. About an
>hour ago, I was served with a restraining order commanding me to
>remove everything related to Cyber Patrol. Since you seem to know a
>lot about this case, I was wondering if you knew whether or not this
>commandment is backed by the courts. I see no reason to take the site
>down, I don't feel I am doing anything immoral or illegal, but I also
>don't want the FBI to raid my home and smash up my computer.

-Declan

http://www.politechbot.com/cyberpatrol/ap.032400.txt

March 24, 2000; Friday 2:47 AM, Eastern Time Judge Allows Delivery by E-Mail Associated Press BY TED BRIDIS / DATELINE: WASHINGTON

That familiar e-mail greeting may start showing up with a novel twist: ''You've got a subpoena!''

Dozens of electronic messages racing across the Internet this week carried what's believed to be an unprecedented payload a subpoena and other documents approved by a judge warning that the recipient's Web site may be violating a federal court order.

Supporters applaud the idea, saying it allows attorneys to respond in accelerated ''Internet time'' to new issues of law and technology. Critics say it's unworkable because e-mail can be falsified or forged so easily. And unlike with human delivery, it can be nearly impossible to verify that an e-mail subpoena was served successfully.

...

Schwartz said he plans also to send physical copies of the documents via registered mail.

''It has come to our attention that your Web hosting service or Web site is publishing one or both of these prohibited files,'' Schwartz's e-mail said. He also included a subpoena demanding electronic logs identifying the people who downloaded the files.

''It makes sense. You want to put people who might conceivably be in violation of a court order that they're on notice,'' said Schwartz, who sent dozens of the e-mails and received a few ''snooty messages'' in reply.

Among those who received the e-mail was Declan McCullagh, a Washington-based journalist for Wired who also manages an Internet discussion list about technology policy issues, where Microsystems' actions were roundly condemned.

McCullagh published on his personal Web site archived messages about the controversy. He criticized Schwartz's e-mails as ''subpoena spam'' and ''a shotgun approach to discovery.''

''Obviously, the Internet makes it easier to distribute this stuff, so it makes sense that lawyers are responding to Internet problems with Internet solutions, but in this case they've gone too far,'' McCullagh said. ''E-mail is easy to forge,'' he added. ''I can't even be certain it really did come from a real lawyer.''

Schwartz said the judge's permission was crucial, as it granted him the ability to send subpoenas as quickly as new mirror sites were published on the Internet.

''It provides a medium to serve the court's order at Internet speed as opposed to snail mail or even worse, by courier,'' Schwartz said.

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