What country is this, again?

| 318 Comments

An alert reader sent in this news item: A California court has ordered that a website be shut down for revealing documents that, if true, demonstrate that the Swiss Bank Julius Baer engaged in illegal money laundering activity.

There's more on the BBC.

If you want to see these documents, by the way, you can still see them on their Belgian site, so the ruling only serves to demonstrate that

  1. The Judge doesn't understand how the Internet works.
  2. The Judge doesn't understand how wikileaks works.
  3. The American legal system is still at risk of making grievous errors in judgement.

Here's some interesting background on Judge Jeffrey White:

  • He was appointed to his current position by George W. Bush in 2002
  • He sentenced the reporters who blew open the drugs in baseball scandal to 18 months in prison for failing to reveal their sources
  • He also fined the San Francisco Chronicle $1000/day until the names were turned over to the court
  • He ordered a company that continued to call customers who asked not to be called to pay $200 per complaint to the customers and pay $100,000 in fines
  • He ordered struck down a San Francisco ruling that would have provided universal health care for the employed in San Francisco

I like the bit about enforcing Do Not Call legislation and I don't know enough about the universal health care proposal, but I think that reporters don't have to name their sources EVER. It's up to the consumers of the news to decide whether they believe unnamed sources or not. And I think it's dangerous to our civil liberties, criminal against the reporters and illegal under the Constitution to imprison reporters who refuse to give their sources.

Wikileaks Belgian site seems difficult to understand, although their mission statement is one with which I can sympathize.

Aside from the obvious censorship angle, there's also the fact that this was a court case instigated by a foreign Bank. Are they protected the same way under US law? Do they pay US taxes?

And why was it a tort, rather than a straightforward libel case? If Julius Baer didn't break the law, then why bring a tort?

Finally, why wasn't Wikileaks asked to remove only the offending material rather than have their entire site blocked?

Update: Okay, either Judge Jeffrey White is unbelievably technologically inept or his ruling was an intentional attempt to make Bank Julius Baer think he was taking down Wikileaks while in fact doing nothing. What he ordered was that their DNS entry be removed from the DNS server and not allowed to be transferred or re-registered anywhere while the problem gets sorted out. At any rate, here's the IP address for Wikileaks in California: http://88.80.13.160/wiki/Wikileaks. Thank you to Mark Frauenfelder.

Update 2: Doc Ruby on Slashdot found and posted the IP Address, and that's how it spread to BoingBoing and Daily Kos. I would have never looked at this site except for this furor. Now I'm hoping that it can hang on via IP until this afternoon so I can make a copy. I'm hoping someone else has already.

318 Comments

There was an article on this on /. the other day. Seems there was a DDoS, then their UPS caught on fire. I'm willing to accept that the fire might have been an accident with unfortunate timing, but DDoS aren't accidents. I guess someone REALLY wanted everyone to know about it, 'cause it's replicated all over the place and now it's slashdotted.

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Would it be ironic if wikileaks employees ended up in secret prisons?

Wikileaks is an example of the need to defend a right, but not necessarily agreeing on the way the right has been used.

What Wikileaks and ASSange are about is not a "safe haven for whistleblowers," but the steady assault on and errosion of American standing.

Obama walks out of press conference without taking any Wikileaks questions.

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By insisting on the prosecution of Julian Assange, politicians have only risked bumping him to cult hero status.

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The new Zune browser is surprisingly good, but not as good as the iPod's. It works well, but isn't as fast as Safari, and has a clunkier interface. If you occasionally plan on using the web browser that's not an issue, but if you're planning to browse the web alot from your PMP then the iPod's larger screen and better browser may be important.

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Zune and iPod: Most people compare the Zune to the Touch, but after seeing how slim and surprisingly small and light it is, I consider it to be a rather unique hybrid that combines qualities of both the Touch and the Nano. It's very colorful and lovely OLED screen is slightly smaller than the touch screen, but the player itself feels quite a bit smaller and lighter. It weighs about 2/3 as much, and is noticeably smaller in width and height, while being just a hair thicker.

Between me and my husband we've owned more MP3 players over the years than I can count, including Sansas, iRivers, iPods (classic & touch), the Ibiza Rhapsody, etc. But, the last few years I've settled down to one line of players. Why? Because I was happy to discover how well-designed and fun to use the underappreciated (and widely mocked) Zunes are.

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Apple now has Rhapsody as an app, which is a great start, but it is currently hampered by the inability to store locally on your iPod, and has a dismal 64kbps bit rate. If this changes, then it will somewhat negate this advantage for the Zune, but the 10 songs per month will still be a big plus in Zune Pass' favor.

Hands down, Apple's app store wins by a mile. It's a huge selection of all sorts of apps vs a rather sad selection of a handful for Zune. Microsoft has plans, especially in the realm of games, but I'm not sure I'd want to bet on the future if this aspect is important to you. The iPod is a much better choice in that case.

Hands down, Apple's app store wins by a mile. It's a huge selection of all sorts of apps vs a rather sad selection of a handful for Zune. Microsoft has plans, especially in the realm of games, but I'm not sure I'd want to bet on the future if this aspect is important to you. The iPod is a much better choice in that case.

The Zune concentrates on being a Portable Media Player. Not a web browser. Not a game machine. Maybe in the future it'll do even better in those areas, but for now it's a fantastic way to organize and listen to your music and videos, and is without peer in that regard. The iPod's strengths are its web browsing and apps. If those sound more compelling, perhaps it is your best choice.

Hands down, Apple's app store wins by a mile. It's a huge selection of all sorts of apps vs a rather sad selection of a handful for Zune. Microsoft has plans, especially in the realm of games, but I'm not sure I'd want to bet on the future if this aspect is important to you. The iPod is a much better choice in that case.

Apple now has Rhapsody as an app, which is a great start, but it is currently hampered by the inability to store locally on your iPod, and has a dismal 64kbps bit rate. If this changes, then it will somewhat negate this advantage for the Zune, but the 10 songs per month will still be a big plus in Zune Pass' favor.

Apple now has Rhapsody as an app, which is a great start, but it is currently hampered by the inability to store locally on your iPod, and has a dismal 64kbps bit rate. If this changes, then it will somewhat negate this advantage for the Zune, but the 10 songs per month will still be a big plus in Zune Pass' favor.

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Between me and my husband we've owned more MP3 players over the years than I can count, including Sansas, iRivers, iPods (classic & touch), the Ibiza Rhapsody, etc. But, the last few years I've settled down to one line of players. Why? Because I was happy to discover how well-designed and fun to use the underappreciated (and widely mocked) Zunes are.

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Zune and iPod: Most people compare the Zune to the Touch, but after seeing how slim and surprisingly small and light it is, I consider it to be a rather unique hybrid that combines qualities of both the Touch and the Nano. It's very colorful and lovely OLED screen is slightly smaller than the touch screen, but the player itself feels quite a bit smaller and lighter. It weighs about 2/3 as much, and is noticeably smaller in width and height, while being just a hair thicker.

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Apple now has Rhapsody as an app, which is a great start, but it is currently hampered by the inability to store locally on your iPod, and has a dismal 64kbps bit rate. If this changes, then it will somewhat negate this advantage for the Zune, but the 10 songs per month will still be a big plus in Zune Pass' favor.

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If you're still on the fence: grab your favorite earphones, head down to a Best Buy and ask to plug them into a Zune then an iPod and see which one sounds better to you, and which interface makes you smile more. Then you'll know which is right for you.

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