IN THE MATTER OF THE APPLICATION OF THE UNITED STATES OF AMERICA FOR AN ORDER AUTHORIZING THE DISCLOSURE OF RECORDS AND OTHER INFORMATION PERTAINING TO ELECTRONIC COMMUNICATION SERVICE PROVIDED BY INDYMEDIA.
THIS MATTER having come before the Court pursuant to the Application of the United States of America, which Application requests that an Order be issued:
(1) directing that INDEPENDENT MEDIA, and any other provider of electronic communications service and their agents and employees, not disclose to the user of said electronic communication service, nor to any other person, the existence of this Application and Order or the existence of this investigation unless and until otherwise ordered by the Court;
(2) directing INDEPENDENT MEDIA, a provider of electronic communications service, as defined by Title 18, United States Code, Section 2510(15), to examine all account records and system/accounting log files and supply the Federal Bureau of Investigation with all Information listed on Attachment A to this Order; and (3) directing that the Application and Court's Order be sealed;
IT APPEARING that there is an ongoing criminal investigation into acts which would constitute violations of Sections 322 (theft) and 430 (mischief) of the Criminal Code of Canada, and that one or more of the subjects of said investigation are unknown, and
IT APPEARING that Independent Media is an Internet publisher of information, administered by Jonathon Jay at 1415 3rd Avenue, Seattle, Washington 98101, and
IT APPEARING that the Application has been made in good faith in the @erance of a pending criminal investigation, and the Court finding that the Applicant, as the attorney for the United States, has offered specific and articulable facts showing that there are reasonable grounds to believe that the records of electronic communication sought are relevant and material to an ongoing criminal investigation.
IT APPEARING that there is reason to believe that notification of the existence of this Order will result in destruction of or tampering with evidence, or will otherwise seriously jeopardize the investigation,
IT IS ORDERED, pursuant to Title 18, United States Code, Section 2703(c) and
(d);Title 28, United States Code, Section 1651; and Rule 41, Federal Rules of Criminal Procedure, that INDEPENDENT MEDIA, 1415 3rd Avenue, Seattle, Washington 98101, a provider of electronic communications service, as defined by Title 18, United States Code, Section 2510(15) examine all account and system/accounting log files and supply the Federal Bureau of Investigation with all information described in Attachment A to this Order.
IT IS FURTHER ORDERED, pursuant to Title 18, United States Code, Section 5(b), that INDEPENDENT MEDIA, and their agents and employees, shall not disclose to the user of electronic communication service, nor to any other person, the existence of this Application or Order, or the existence of this investigation, unless and until otherwise ordered by the Court; and
IT IS FURTHER ORDERED, pursuant to Title 28, United States Code, Section 1651 that this Order and the Application be sealed until otherwise ordered by the Court.
DATED this 24 day of April 2001.
STEPHEN C SCHROEDER Assistant United States Attorney
UNITED STATES ATTORNEY
Seafirst Fifth Avenue Plaza Building
800 Fifth Avenue, Suite 3600 Seattle, Washington 98104
(206) 553-7970
ATTACHMENT A
All user connection logs for 216.213.32.98 for the time period beginning April 20, 2001, to the date of this Order for any connections to or from that IP address.
User connection logs should contain the following:
1. Connection time and date;
2. Disconnect time and date;
3. Method of connection to system (e.g., SLIP, PPP, Shell);
4. Data transfer volume (e.g., bytes);
5. Connection information for other systems to which user connected via , including:
a. Connection destination;
b. Connection time and date;
c. Disconnect time and date;
d. Method of connection to/from system (e.g., telnet, ftp, http);
e. Data transfer volume (e.g., bytes);
Original: Court Order to the Seattle IMC