Pittsburgh City Paper, September 16, 2004
http://www.pittsburghcitypaper.ws/gyrobase/Content?oid=oid%3A27975
Matt Toups, a Carnegie Mellon student, planned to drive from Pittsburgh to New York City to attend the protests leading up to the Republican National Convention. He was going up a few days early to help out with the NYC Indymedia Center, and their website, NYC Indymedia. NYC Indymedia is part of a network of Indymedia chapters around the world, which allow anyone to publish news and commentary of events going on in their area. NYC Indymedia planned to have breaking news coverage from the convention protests. The day he was supposed to leave, he got distracted.
“I’m not sure when we’re going to leave now,” he said, holding the telephone. “Apparently I’m being investigated by the Secret Service...”
The anonymous post on NYC Indymedia that started the Secret Service investigation came on August 18, and provided a list of the names and addresses of delegates to the Republican National Convention, along with what hotel each would be staying in during the convention in New York City. The post contained no threats or calls for actions. The objectives stated by the person posting the information were simply to “Supply anti-RNC groups with data on the delegates to use in whatever way they see fit” and to “facilitate making local connections. Many of these delegates are involved in politics and business on a town or county level.” Also, the information on the delegates, who were elected in their home states’ primaries, is publicly available on many Republican websites. One issue of the New York Times before the convention even included a map showing what hotels the delegates were staying at.
The next day, according to the American Civil Liberties Union’s spokesperson, Emily Whitfield, the United States Secret Service phoned Nicholas Merrill, president of Calyx Internet Access, the internet service provider for NYC Indymedia. The Secret Service (which, to the ACLU’s knowledge, has not yet investigated the Republican websites or the New York Times for providing this information on public figures) asked Merrill to give them the names, any contact information, and any billing records he had for the people running the site, as well as any web logs for the post with the delegates’ information. He told them that he wouldn’t give them any information without a subpoena.
On August 20, Merrill received a subpoena commanding him to appear before a Grand Jury to testify about an alleged violation of laws against voter intimidation. The subpoena also contained a request from the U.S. Attorney. It stated, “The Government hereby requests that you voluntarily refrain from disclosing the existence of the subpoena to any third party” and “if you intend to disclose the existence of this subpoena to a third party, please let me know before making any such disclosure.” It was too late though, after the first phone call from the Secret Service, Merrill had phoned the American Civil Liberties Union and emailed the four NYC Indymedia system administrators he had contact information for.
Although Matt Toups lives in Pittsburgh, he is one of the system administrators for the NYC site. Not every Indymedia chapter has a tech expert, so there is a global tech group, made up of technologically inclined Indymedia members from around the world who divvy up responsibilities for maintaining the sites among themselves. Toups also works on the Pittsburgh Indymedia site (which this reporter used to help out with).
Because Toups was the only one of the NYC Indymedia system administrators who would be in New York, before Merrill’s scheduled grand jury appearance, working with the ACLU he served as Indymedia’s umm… media spokesperson.
Calyx was hosting the NYC Indymedia site for free, so of the information the Secret Service asked for the only information Merrill had was four email addresses. The ACLU, with the permission of the four men, sent the U.S. Attorney’s office a letter with the email addresses. Then they went to the press. The New York Times was the first to run the story last Monday and the following day Toups did interviews with The Washington Post and CNN. Wired ran an article interviewing Merrill.
“They had nothing to hide,” says Whitfield about the Indymedia activists. “The post to Indymedia was clearly political speech, clearly not threatening, and clearly not inciting violence.”
And they literally did have nothing to hide. NYC Indymedia has a policy of not logging the Internet addresses of contributors to the site and so had no way of knowing who posted the information on the delegates.
According to Toups, “We’re trying to create a space that’s safe for dissent and to do that we protect people’s anonymity. We do have standards about illegal content and threats and we have policies to deal with that.” Toups compares Indymedia’s anonymity policy with that of professional journalists who protect the identity of their confidential sources.
In The New York Times, a senior Justice Department official, speaking on condition of anonymity, was quoted as saying, “When you're confronted with something like this, you can't just ignore it. I think people would expect us to look into it and find out whether there is anything going on here that goes beyond the bounds of free speech.” Shortly after the national press generated by this story had made it clear that many people did not expect the Justice Department “to look into it” and were actually somewhat surprised that it was, the government responded to the ACLU’s letter by saying that Merrill no longer had to appear before the Grand Jury, although technically the investigation still underway.
Recently it seems that the Justice Department and the FBI’s Joint Terrorism Task Force have spent a lot of time “looking into” what appear to be people who are legally expressing their first amendment right to criticize the government. Last February, the New York Times, published a classified FBI memo, which gave police detailed instructions on how to target and monitor lawful political demonstrations. Before, the Democratic National Convention, the FBI visited at least five people in Missouri and Colorado, asking if they were planning criminal activities during the conventions. One of them was a 21 year-old intern for the American Friends Service Committee, a Nobel Peace Prize winning group dedicated to pacifism. That group, according to a Colorado newspaper, was found to be categorized in police files as a “criminal extremist” organization.
Whitfield says that the ACLU believes that the real purpose of these investigations is to intimidate and harass peaceful protesters. That would help explain why the Secret Service, instead of contacting NYC Indymedia directly, contacted their Internet Service Provider. According to Whitfield, there have been many cases government agencies, instead of going straight to the people who are the subjects of these kinds of investigations, will question employers, business partners, parents, and school officials, asking for information that was easily available elsewhere, like current addresses or information on their political activities.
“They probably expected that Calyx would not allow us to keep the site up,” says Toups. “If it were just some random ISP that we didn’t have a good relationship with, and the Secret Service comes to the president of the company, that’s pretty intimidating. Someone else might have just decided not to host the site anymore.”
He says that the Secret Service investigation validates the open publishing model of Indymedia, which so far, still has the information on the RNC delegates up on the site. “Unfortunately, the United States is becoming an increasingly repressive and chilling environment for free speech. This safe space for dissent needs to be there.”