March 3rd, 2008
Wikileaks judge realizes you can't enjoin the net
So, the Wikileaks.org site is back online, after Federal Judge Jeffrey White dissolved his previous order, ordering the site’s U.S. registrar to pull it off the net. In reversing those orders, the judge focused on the First Amendment implications of taking the site down. But even more to the point, the judge noted with regret that his injunctions were just plain useless.
The record currently before the Court indicates that even the broad injunction issued as to Dynadot had exactly the opposite effect as was intended. The private, stolen material was transmitted over the internet via mirror websites which are maintained in different countries all over the world. Further, the press generated by this Court’s action increased public attention to the fact that such information was readily accessible online. The Court is not convinced that Plaintiffs have made an adequate showing that any restraining injunction in this case would serve its intended purpose.
In addition, there is evidence in the record that “the cat is out of the bag” and the issuance of an injunction would therefore be ineffective to protect the professed privacy rights of the bank’s clients.
