16 February 2005
To: copyright@verio.net
From: jya@pipeline.com
Subject: Clare Short Dated: Feb 16, 2005 Danna Thompson Verio Legal Department Dear Ms. Thompson, In response to the copy of Bindman & Partners letter to Verio today, we have removed Clare Short's name from the list of alleged IRA members in the file http://www.cryptome.org/ira-names2.htm. This removal has been done not because of statements made in the letter but in respect for Ms Short's courageous exposure of electronic spying by the United States on members of the United Nations. However, to forestall another party which hopes to mimic Bindman & Partners in censoring Cryptome, the claims of the letter are denied: 1. Membership in the IRA is not defamatory for those who believe it to be a badge of honor. 2. The IRA is no more a terrorist organization than is the government of England and Wales. 3. The laws of England and Wales do not apply to Cryptome, a website based in the United States, owned and operated by a citizen of the United States. 4. Publication of the alleged IRA membership list does not violate Verio's terms of agreement nor laws of the United States. 5. Cryptome is the publisher of the material, not Verio, and welcomes full responsibility for the material. 6. Cryptome customarily publishes material that is controversial, in particular material that is not allowable in England and Wales, thanks to HMG's vile Offical Secrets Act and ludicrous laws of libel and defamation. 7. Cryptome states on its main page: "Documents are removed from this site only by order served directly by a US court having jurisdiction. No court order has ever been served; any order served will be published here -- or elsewhere if gagged by order. Bluffs will be published if comical but otherwise ignored." 8. The Bindman & Partners bluff is comical thus publishable: http://cryptome.org/short-ira.htm Regards, John Young
Fax received today from Danna Thompson, Legal Department of Verio, Cryptome's ISP:
As we discussed, please respond via email to copyright@verio.net
Thank you, we appreciate your assistance in resolving this matter.
_________________
[2 pages.]
RECEIVED
FEB 16 2005
Verio-Legal
BINDMAN & PARTNERS
Bindman & Partners Solicitors
275 Gray's Inn Road London WC1X 8QB
DX 37904 King's Cross Telephone 020 7833 4433 Fax 020
7837 9792
Verio Inc
8005 South Chester Street
Suite 200
Englewood CO 80112
USA
URGENT
Also by e-mail to abuse@verio.net
Dear Sirs
Cryptome.org
We act for Clare Short who has been the Member of Parliament for Birmingham Ladywood since 1983. She was Secretary of State for International Development from 1997 to May 2003.
We understand that you are the ISP for the website named above. This site contains a list of alleged supporters of the IRA, many of whom have been convicted of serious terrorist offenses. The list may be found at http://www.cryptome.org/ira-names2.htm. A copy of this list is attached to the hardcopy of this letter and you will see from the highlighted part of the list that it alleges that our client is an IRA member and/or supporter.
This allegation is plainly defamatory and seriously damaging to our client's reputation. The natural and ordinary meaning of th words published, at its lowest, is that she is a supporter of an illegal terrorist organisation, and may therefore be guilty of criminal offenses. This allegation is entirely untrue. Its publication has caused damage to our client's professional and personal reputation and cause her distress. It could also endanger her safety.
The allegation is accessible in this jurisdiction and the laws of England and Wales therefore apply to the publication in this jurisdiction. ISP's are generally entitled to rely on the statutory defence provided in s.1 of the Defamation Act 1996 which applies to those who are only involved "as operators of or provider of access to a communication system by means of which the statement is transmitted, or made available, by a person over whom he has no effective control". However, Godfrey v. Demon Internet established that ISP's may not rely on that defence and will be liable for damage caused by defamatory material appearing on any website access to which is provided by the ISP if access to the defamatory material is not prevented immediately after the ISP has been made aware of its existence.
The purpose of this letter is to give you notice that you are storing and/or disseminating defamatory material published on the site above and to require you to remove the material, or to prevent access to the material in this jurisdiction at once. Following receipt of this letter, you will no longer be entitled to rely upon the defence at section 1(3)(e) of the Defamation Act. There is no other defence available to you. If you continue to store and/or disseminate the material following receipt of this letter, Ms Short will look to you for damages as the publisher of the material. Damages are likely to be substantial.
We should be grateful for your confirmation by return that the false allegation about Ms Short on http://www.cryptome.org/ira-names2.htm is no longer accessible from this jurisdiction. Checks on the site will be made regularly. We look forward to hearing from you as a matter of urgency.
Yours faithfully,
[Signed] Bindman . Partners [No individual name]
Bindman & Partners
[Copy of http://www.cryptome.org/ira-names2.htm omitted.]