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View Diary: Wikileaks Under Attack: California Court Wipes Out of Existence (262 comments)

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  •  Legal grounding of restraing unclear to layman (6+ / 0-)

    Is there a US Court action going on that affects Bank Julius Baer? (SP?)

    I can't see the jurisdiction, the CAUSE of the action?

    Can a civil, procedural matter in the Cayman Islands, or Switzerland, be enforced with prior restraint in the U.S.?

    So what are the issues here? Given my ignorance, lawyers and others please add more to

    1. Prior restraint without prior due process in the form of an adversary hearing.  Prior restraint in this case seems to have been imposed with the secrecy of a search warrant--I suppose that plaintiff could have argued this was necessary.  Could a restraining order regarding posting have been served without shutting down the website?
    1. Prior restraint, but with a hearing being conducted after the fact to ascertain the facts.  Of course even if the defendant wins, in this case, damage to defendant and clients/users is considerable.  Or is such a hearing now just a matter of form; all the defendant need do is file a motion for a timely hearing?
    1. Jurisdictional issues.  Can foreign secrecy laws, which may not even be legal in the U.S., be enforced  in U.S. courts even though none of the issues in dispute may be in litigation in the U.S.? (There was an implication that these secrecy laws were invoke to disguise tax fraud and perhaps money laundering schemes that in themselves might be illegal in the U.S., and which, I would suspect, might even involve U.S. taxes. But in my ignorance, while the hosting firm may be headquartered in White's jurisdiction, if the underlying litigation is in Switzerland or the Cayman Islands, why are the U.S. courts involved at all?)
    1. Issues with the Bank J. B.  These may be fascinating, though I don't have a clear idea of the issues--the narrative. They, however, have little to do to do with the constitutional and practical legal issues involved with freedom of the press and communications on the internet raised by this action.

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