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WikiLeaks subpoenas spill out into public realm
By RAPHAEL G. SATTER and PETE YOST, Associated Press Jan. 9, 2011WASHINGTON – Investigative documents in the WikiLeaks probe spilled out into the public domain Saturday for the first time, pointing to the Obama administration's determination to assemble a criminal case no matter how long it takes and how far afield authorities have to go.
Backed by a magistrate judge's court order from Dec. 14, the newly disclosed documents sent to Twitter Inc. by the U.S. attorney's office in Alexandria, Va., demand details about the accounts of WikiLeaks founder Julian Assange and Pfc. Bradley Manning, the Army intelligence analyst who's in custody and suspected of supplying WikiLeaks with classified information.
The others whose Twitter accounts are targeted in the prosecutors' demand are Birgitta Jonsdottir, an Icelandic parliamentarian and one-time WikiLeaks collaborator; Dutch hacker Rop Gonggrijp; and U.S. programmer Jacob Appelbaum. Gonggrijp and Appelbaum have worked with WikiLeaks in the past.
Justice Department spokesman Matt Miller declined comment on the disclosure in the case, which intensified following WikiLeaks' latest round of revelations with the posting of classified State Department diplomatic cables. The next day, Nov. 29, Attorney General Eric Holder vowed that anyone found to have violated U.S. law in the leaks would be prosecuted.
Assange said the U.S. move amounted to harassment, and he pledged to fight it.
"If the Iranian government was to attempt to coercively obtain this information from journalists and activists of foreign nations, human rights groups around the world would speak out," he told The Associated Press in an e-mail.
Legal experts have said one possible avenue for federal prosecutors would be to establish a conspiracy to steal classified information.
"They are trying to show that Manning was more than a source of the information to a reporter and rather that Assange and Manning were trying to jointly steal information from the U.S. government," said Mark Rasch, a former prosecutor on computer crime and espionage cases in the Justice Department.
The problem is distinguishing between WikiLeaks as a news organization and those who re-published the same classified information, like The New York Times, said Rasch, director of cybersecurity and privacy consulting at CSC, a Falls Church, Va., technology company.
The main target of the prosecutors' document demands is most likely the IP addresses of the Twitter users, said Stanford University law professor Larry Lessig, founder of the Center for Internet & Society, Stanford.
Getting a list of IP addresses — specific numerical address that can identify individual computers as they interact over the Internet — could help prosecutors an effort to draw specific connections between individuals, their computers, and the information they share.
In a statement about the demand to Twitter for information, WikiLeaks said it has reason to believe Facebook and Google, among other organizations, have received similar court orders. WikiLeaks called on them to unseal any subpoenas they have received.
The document demand ordered Twitter to hand over private messages, billing information, telephone numbers, connection records and other information about accounts run by Assange and the others.
A copy of the demand, sent to the AP by Jonsdottir, said the information sought was "relevant to an ongoing criminal investigation" and ordered Twitter not to disclose its existence to any of the targets.
But a second document, dated Jan. 5, unsealed the court order. Although the reason wasn't made explicit in the document, WikiLeaks said it had been unsealed "thanks to legal action by Twitter."
Twitter declined comment on the matter, saying only that its policy is to notify its users, where possible, of government requests for information.
The Obama administration volunteered little new information about its criminal investigation against Assange and WikiLeaks after news of its subpoena leaked. Under rules governing grand jury investigations — in which U.S. prosecutors present evidence and testimony to selected private citizens behind closed doors to seek their approval to formally file charges — government lawyers are not allowed to discuss the case until charges are announced publicly.
It was not immediately clear how the data being requested would be useful to investigators. Twitter's logs could reveal the Internet addresses that Assange and WikiLeaks supporters have used, which could help track their locations as they traveled around the world. The information also might identify others with official access to WikiLeaks' account on Twitter who so far have escaped scrutiny.
Assange's lawyer, Mark Stephens, said targeting Twitter showed how desperate U.S. officials were to pin a crime on the WikiLeaks founder.
Stephens told the BBC it was an attempt to "shake the electronic tree in the hope some kind of criminal charge drops out the bottom of it."
Jonsdottir said in a Twitter message that she had "no intention to hand my information over willingly." Appelbaum, whose Twitter feed suggested he was traveling in Iceland, said he was apprehensive about returning to the U.S.
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WikiLeaks demands Google and Facebook unseal US subpoenas
Call comes after revelation that US has tried to force Twitter to release WikiLeaks members' private details
guardian.co.uk, Saturday 8 January 2011
WikiLeaks has demanded that Google and Facebook reveal the contents of any US subpoenas they may have received after it emerged that a court in Virginia had ordered Twitter to secretly hand over details of accounts on the micro-blogging site by five figures associated with the group, including Julian Assange.
Amid strong evidence that a US grand jury has begun a wide-ranging trawl for details of what networks and accounts WikiLeaks used to communicate with Bradley Manning, the US serviceman accused of stealing hundreds of thousands of sensitive government cables, some of those named in the subpoena said they would fight disclosure.
"Today, the existence of a secret US government grand jury espionage investigation into WikiLeaks was confirmed for the first time as a subpoena was brought into the public domain," WikiLeaks said in a statement.
The writ, approved by a court in Virginia in December, demands that the San Franscisco-based micro-blogging site hand over all details of five individuals' accounts and private messaging on Twitter – including the computers and networks used.
They include WikiLeaks founder Julian Assange, Manning, Icelandic MP Brigitta Jonsdottir and Dutch hacker Rop Gonggrijp. Three of them – Gonggrijp, Assange and Jonsdottir – were named as "producers" of the first significant leak from the US cables cache: a video of an Apache helicopter attack that killed civilians and journalists in Baghdad.
The legal document also targets an account held by Jacob Appelbaum, a US computer programmer whose computer and phones were examined by US officials in July after he was stopped returning from Holland to America.
The court issuing the subpoena said it had "reasonable grounds" to believe Twitter held information "relevant and material to an ongoing criminal investigation".
It ordered Twitter not to notify the targets of the subpoena – an order the company successfully challenged.
The court order crucially demands that Twitter hand over details of source and destination internet protocol addresses used to access the accounts, which would help investigators identify how the named individuals communicated with each other, as well as email addresses used.
The emergence of the subpoena appears to confirm for the first time the existence of a secret grand jury empanelled to investigate whether individuals associated with WikiLeaks, and Assange in particular, can be prosecuted for alleged conspiracy with Manning to steal the classified documents.
The US attorney general, Eric Holder, has already said publicly that he believes Assange could be prosecuted under US espionage laws. The court that issued the subpoena is in the same jurisdiction where press reports have located a grand jury investigating Assange.
It has been reported that Manning has been offered a plea bargain if he co-operates with the investigation.
The emergence of the Twitter subpoena – which was unsealed after a legal challenge by the company – was revealed after WikiLeaks announced it believed other US Internet companies had also been ordered to hand over information about its members' activities.
WikiLeaks condemned the court order, saying it amounted to harassment.
"If the Iranian government was to attempt to coercively obtain this information from journalists and activists of foreign nations, human rights groups around the world would speak out," Assange said in a statement.
Jonsdottir said in a Twitter message: "I think I am being given a message, almost like someone breathing in a phone."
Twitter has declined to comment, saying only that its policy is to notify its users where possible of government requests for information.
The specific clause of the Patriot act used to acquire the subpoena is one that the FBI has described as necessary for "obtaining such records [that] will make the process of identifying computer criminals and tracing their internet communications faster and easier".
The subpoena itself is an unusual one known as a 2703(d). Recently a federal appeals court ruled this kind of order was insufficient to order the disclosure of the contents of communication. Significantly, however, that ruling is binding in neither Virginia – where the Twitter subpoena was issued – nor San Francisco where Twitter is based.
Assange has promised to fight the order, as has Jonsdottir, who said in a Twitter message that she had "no intention to hand my information over willingly".
Appelbaum, whose Twitter feed suggested he was travelling in Iceland, said he was apprehensive about returning to the US. "Time to try to enjoy the last of my vacation, I suppose," he tweeted
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