Cryptome Log Subpoenaed

Tue Jan 7 15:36:32 EST 2003

--- begin forwarded text

Status: RO
Mailing-List: contact cpunx-news-help at leitl.org; run by ezmlm
Date: Tue, 7 Jan 2003 18:55:16 +0100 (CET)
From: Eugen Leitl <eugen at leitl.org>
To: <cypherpunks at lne.com>
cc: <cpunx-news at leitl.org>
Subject: Cryptome Log Subpoenaed

http://cryptome.org/cryptome-log.htm

6 January 2003

[Received by fax, 6 January 2003.]

THE COMMONWEALTH OF MASSACHUSETTS
OFFICE OF THE ATTORNEY GENERAL
ONE ASHBURTON PLACE
BOSTON, MASSACHUSETTS 02108-1598
TOM REILLY
ATTORNEY GENERAL

(617) 727-2200
www.ago.state.ma.us

December 31, 2002

VIA FACSIMILE (212) 873-8700 [John Young's voice number]
AND FIRST CLASS MAIL

Cryptome, Custodian of Records
Attn: John Young
251 West 89th Street
Suite 6E
New York, NY 10024

Enclosed is a Grand Jury subpoena requiring that Cryptome produce certain
records.

Business records may be admitted into evidence without the requirement
that the keeper be physically present. In lieu of a personal appearance of
a member of your staff, copies of the records may be delivered to Lt.
Dermot Quinn at the following address on or before January 16, 2003:

    Office of the Attorney General
    Criminal Bureau, 19th Floor
    One Ashburton Place
    Boston, MA 02108

The records should be accompanied by a sworn affidavit attesting to their
origin, truth and accuracy. A sample affidavit is enclosed.

As this subpoena is related to an ongoing criminal investigation, please
do not reveal this request to any individual not necessary to comply with
the supoena or to the subcriber.

Thank you for your attention to this matter. If you have any questions,
please feel free to call.

    Very truly yours,

    [Signed]

    John A. Grossman
    Assistant Attorney General
    Chief, Corruption, Fruad &
    Computer Crime Division

JAG/lc
Enclosures

Duces-Tecum Subpoena
Commonwealth of Massachusetts

MIDDLESEX, SS.                                                   SUPERIOR
COURT DEPARTMENT

To the Sheriffs of our several Counties, or their Deputies, any State
Police Officer, the Constables or Police Officers of any city or Town, and
all other officers authorized to serve criminal process in the
Commonwealth.

GREETINGS:

You are hereby commanded to summon

Cryptome
251 West 89th Street, Suite 6E
New York, NY 10024

(if he/she may be found in your precinct) to appear before the GRAND JURY
- next to be-holden at CAMBRIDGE within and for our County of Middlesex on
the 16th day of January A.D. 2003 at 9:00am and from day to day
thereafter, then and there to give such evidence as he or she knows
relating to any matters which may be inquired of on behalf the
Commonwealth before said GRAND JURY in the matter of Commonwealth v. John
Doe, and bring with him/her all logs recording the I.P. addresses and/or
users who visited "http://cryptome.org/sec-con.htm" between 11/7/02
00:00:00 GMT and 11/14/02 23:59:59 GMT. If no such log exists for the
specific page in question, please provide any logs that would cover the
domain together with an explanation of what the log covers.

HEREOF FAIL NOT, and make due return of this Writ, with your doings
thereon, into the said Court.

WITNESS, my hand, at Boston in the County of Suffolk this 31st day of
December in the year of our Lord two thousand and two.

A true copy, attest:

[Signed]

Lillan Cox

[Signed]

John A. Grossman
Assistant Attorney General
(617) 727-2200 x2842

If you have any questions, please contact John A. Grossman at telephone
number (617) 727-2200 x2842. A personal appearance is not necessary.
Please have the requested materials turned over to Lt. Dermot Quinn, (fax
number 617-727-5761) or any other member or representative of the
Massachusetts State Police.

RETURN OF SERVICE

Suffolk
2003
Middlesex, ss.
January 2, A.D. 2002

By virtue of this writ, I have summoned the within named witness for
his/her appearance at by (please check one):

_____  By providing him/her a copy of this writ IN HAND, or;

_____  By leaving a copy of this writ of his/her last and usual place of
abode, or;

__X_  By mailing a copy of this writ to his/her last and usual place of
abode, or;

__X_  By faxing a copy of this writ to his/her last and usual place of
abode.

Signed under the pains and penalties of perjury

[Signed Lillian Cox]

Deputy Sheriff, Court Officer, Constable, Police Officer, or other
Qualified Person

CRYPTOME
COMMONWEALTH OF MASSACHUSETTS
AFFIDAVIT

I, John Young, administrator of Cryptome, hereby declare that logs of
Cryptome are deleted daily, or more often during heavy traffic, to
protect the privacy of visitors to the site. Cryptome does not own or
know the location of the machine which hosts its virtual private
server under a service agreement with NTT/Verio.

There are several international mirrors of the files on Cryptome, all
of which, to the best of my knowledge, delete logs to protect privacy
of visitors.

Attested and communicated to the Commonwealth of Massachusetts by
this PGP-signed statement published on Cryptome, 6 January 2003:

http://cryptome.org/cryptome-log.htm

--- end forwarded text

-- 
-----------------
R. A. Hettinga <mailto: rah at ibuc.com>
The Internet Bearer Underwriting Corporation <http://www.ibuc.com/>
44 Farquhar Street, Boston, MA 02131 USA
"... however it may deserve respect for its usefulness and antiquity,
[predicting the end of the world] has not been found agreeable to
experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire'

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