FC: Massachusetts AG serves cryptome.org with subpoena for logs

From: Declan McCullagh (declanat_private)
Date: Wed Jan 08 2003 - 12:42:38 PST

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    My favorite two photos of John Young, the estimable operator of cryptome:
    The web page the subpoena asks for logs relating to:
       6 January 2003
       [Received by fax, 6 January 2003.]
                           OFFICE OF THE ATTORNEY GENERAL
                                ONE ASHBURTON PLACE
                          BOSTON, MASSACHUSETTS 02108-1598
                                                               (617) 727-2200
                                                            December 31, 2002
       VIA FACSIMILE (212) 873-8700 [John Young's voice number]
       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,
         John A. Grossman
         Assistant Attorney General
         Chief, Corruption, Fruad &
         Computer Crime Division
                                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
                         You are hereby commanded to summon
       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:
       Lillan Cox
       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.
       [DEL: Middlesex :DEL] , ss.
                     January 2, A.D. [DEL: 2002 :DEL]
       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
       Signed under the pains and penalties of perjury
       [Signed Lillian Cox]
       Deputy Sheriff, Court Officer, Constable, Police Officer, or other
       Qualified Person
    Hash: SHA1
    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:
    Version: PGPfreeware 6.5.8 for non-commercial use <http://www.pgp.com>
    -----END PGP SIGNATURE-----
    ----- End forwarded message -----
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