[APCPress] No Embargo: APC condemns “arbitrary” seizure of IndyMedia web servers by US and European law enforcers

[Karen Higgs]

NO EMBARGO

PRESS RELEASE

October 12 2004



APC condemns “arbitrary” seizure of IndyMedia web servers by US and 
European law enforcers

JOHANNESBURG, South Africa -- APC condemns the actions by US and 
European law enforcement agencies to seize independent online news 
service Indymedia’s web servers, which has led to the closure of more 
than 21 of the more than 140 Indymedia web sites worldwide since October 7.

“We are disturbed by the apparently arbitrary and extreme measures taken 
to silence an independent internet-based source of information,” said 
Anriette Esterhuysen, APC’s Executive Director. “This is a violation of 
freedom of expression across international frontiers.”

None of the agencies involved has admitted or provided reasons for the 
seizure though Rackspace, the company which provided web hosting for the 
sites and handed the servers over to law enforcers, said in a statement 
that their action was "in compliance with a court order pursuant to a 
Mutual Legal Assistance Treaty (MLAT)". MLAT establishes procedures for 
countries to assist each other in investigations regarding international 
terrorism, kidnapping and money laundering and so using it to remove an 
independent news source would appear to be an abuse.

APC is of the view that the provisions of Article 19 of the Universal 
Declaration of Human Rights which states that: "Everyone has the right 
to freedom of opinion and expression; this right includes freedom to 
hold opinions without interference and to seek, receive and impart 
information and ideas through any media and regardless of frontiers" 
have been violated by the US and European governments.

APC opposes censorship on the internet and states in its Internet Rights 
Charter that “the internet is a medium for both public and private 
exchange of views and information. People must be able to express 
opinions and ideas, and share information freely when using the internet.”

APC understands the difficulties that server farms like Rackspace face 
when prosecutors come knocking at their door, flashing court orders and 
demanding the immediate hand-over of their equipment. APC urges that 
internet service provider (ISP) associations and other industry 
associations take precautions to protect their members from becoming 
unintentionally complicit in the violation of freedom of speech. There 
is a need for ISPs to have access to information about their rights to 
protect their clients.

APC is of the view that the right of freedom of expression and access to 
the internet of the citizens of Ambazonia, Andorra, Antwerpen, Belgrade, 
Brazil, East and West Vlaanderen, Euskal Herria, Galiza, Germany, Italy, 
Liege, Lilles, Marseille, Nantes, Nice, Poland, Portugal, Prague, 
Uruguay, Western Massachusetts, and the UK (where the affected IndyMedia 
Centres are) has been violated.  As freedom is indivisible, a violation 
of one citizen’s rights is a violation of all global citizens’ rights.

APC demands that the US and European governments concerned provide 
reasons for their actions and explain their violation of Article 19 of 
the Universal Declaration of Human Rights and on what basis they made 
use of the MLAT to silence Indymedia, an independent source of 
information on the internet.

“European and North American governments which frequently point to human 
rights abuses in countries from the Global South need to explain their 
own apparently arbitrary abuse of Indymedia’s rights and those of its 
readers,” said Anriette Esterhuysen.

APC Internet Rights Charter: http://rights.apc.org/charter.shtml

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ABOUT APC

The Association for Progressive Communications (APC) is an international 
network of civil society organisations dedicated to empowering and 
supporting groups and individuals through the strategic use of 
information and communication technologies (ICTs), especially 
internet-related technologies. APC’s network of members and partners in 
Western, Central and Eastern Europe, Africa, Asia, Latin America and 
North America all support the use of internet and ICTs for social 
justice and sustainable development.

APC: http://www.apc.org
Email: info at apc.org