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February 19, 2008
Permanent Injunction issued against Wikileaks
LLB has previously brought a few documents to your attention, made available via wikileaks here and here. On Friday, a federal judge ordered the site shut down, issuing a permanent injunction against the wiki at a Cayman Islands bank request. But then, reconsidered and decided to let the wiki live, but only if it refrained from posting actual documents. Time will tell how this pans out.
Read more about it here, here, here, and here. [JJ]
Update: See also Time's A Coming Chill Over Internet Freedom? [JH]
February 19, 2008 in Court Opinions | Permalink
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The inevitable has happened; Judge Jeffrey S. White, Bank Julius Baer and the lawyers for the latter have proved their ignorance of the Internet and the dedication of Wiki fans. Inasmuch as the federal courts' writ does not run to the Christmas Islands and all the other sites where Wikileaks documents are hosted, nor to Usenet Groups which seem to live forever on Google Groups (ex-Dejanews), what the bank and Judge White were trying to suppress has now been disseminated far and wide beyond retrieval and been publicized in mainstream newspapers, spewing ridicule on the judge and on celebrity lawyers whose lack of understanding of anarchy and chaos have led them to do disservice to their clients--never mind their client's clients.
The whole issue of offshore trusts, Stiftungen and Anstalten and other foreign entities regarded by Treasury and the IRS as quasi-trusts (Estate of Swan, 247 F.2d 144 (2d Cir. 1957) may now get some welcome light shined on itself. As it happens, it's the subject of symposia in Washington DC in May (RPTE Spring Symposia), “Grandma Died with a Cook Islands Trust: Now What?” (4:15 on May 1).
And on tax evaders using offshore banks, there's a lot of case law already; here's one bibliography: http://tinyurl.com/ypfcfn
Posted by: Harvey Puck | Feb 22, 2008 1:47:28 AM






