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Gagged by a lawyer

by David Holtzman

A Caymans Islands financial institution, the Julius Baer bank, has taken some Scientology-like steps to have controversial content taken down from the Net. Wikileaks.org, a whistle-blowing web site published a secret internal bank document which purportedly details how the bank helps their customers hide assets and launder cash.

The bank got Dynadot, the California-based hosting company for Wikileaks, to not only take down the site, but also to "lock" the domain name, keeping Wikileaks from moving the site elsewhere. They then got a Northern California judge to sign off on the agreement between the bank and the hosting company. All of this was done ex parte, without giving Wikileaks a chance to respond. Their site is still down.

I have always been worried about this kind of thing, specifically the usage of domain names as a club to batter small and relatively powerless organizations into submission. Shame on Dynadot (is that a real name?). The ICANN-accredited domain name registrar rolled over far too easily.

I understand why someone who didn't like something that someone said on a website would want it taken down. But shoving a lawyer down someone's throat is an elitist way to gag someone. When the Internet was decentralized, this kind of stunt would have been almost impossible. I blame ICANN for not stomping the registrar.


Posted on February 19, 2008

This is yet another good reason not to register a domain name with the same company that is hosting your site.

I think it would have been much harder for the bank to pressure a separate registrar to lock the domain name, since they would have nothing do do with hosting the offending content itself.

I hope that wikileaks (or a privacy organization on their behalf) will contest the issue further and extract retribution from both the bank and host.

However, I do find it some consolation that the negative news articles about this issue are already making their way into the top 10 results for Dynadot.

Posted by Mike on February 19, 2008

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