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News and information on The crowdedtheater.com
web site issue.
last update:
01/14/10 02:09 AM
If you've been here
before please refresh to see the latest information.
This issue had been resolved and
the case was lost by the ACLU.
Janet Reno and Allen Freesh of the FBI were granted "Qualified
Immunity"
because according to the law, if they didn't know they were breaking a law
at the time they were breaking it, then they are not guilty! Ignorance of the
law
only works for Government Officials. :^)
Below you will see all the
articles that were posted all over the net
regarding this issue... The
following shows what happened to BECamation
and Mike Z of the crowdedtheater.com web site.
Another new article published by E-Commerce Law Weekly 1/7/00
A suit
was filed by the ACLU Wednesday the 22nd in Manhattan, NY.
A judge has been assigned to
the case and we are now waiting for the next step.
Television Coverage:
WNDU
Channel 16 News (South Bend, Indiana)
Court TV - Pro's and Con's
UPN9 News (New York)
Fox Network Channel 5 (New York)
Fox 28 (South Bend, IN.)
MSNBC (a short mention)
Radio Programs:
Online Tonight (Washington
DC)
Geek Radio
University Of Michigan
Here are the newest articles posted to the web in reference to the suit.
E-Commerce Law weekly is also posting an article but it is subscriber based only.
A local paper the Edwardsburg Argus, Dowagiac daily News, and Niles Daily Star have written articles.
http://www.villagevoice.com/issues/9952/boal.shtml
This is the latest article written that we know of. 1/3/00
http://www.hollywoodreporter.com/webwatch/index.asp?ee
This site is a subscriber site and the article has been moved to the
archives section
ACLU goes after feds as they unplug film on Y2K (Hollywood Reporter - 543 words - Mon. Dec. 27, 1999).
http://villagevoice.com/letters/
Here are some letters that the Village
Voice received on this issue
http://www.nytimes.com/yr/mo/day/news/national/regional/ny-film-lawsuit.html
Unfortunately the New York Times has
removed the article and now charges $2.50 for it!
http://www.cnnfn.com/news/technology/newsbytes/141173.html
http://www.boston.com/dailynews/356/region/ACLU_sues_government_over_alle:.shtml
Unfortunately The Globe has
removed the article and now charges for it!
http://www.southbendtribune.com/stories/1999/12/24/local.19991224-sbt-FULL-A1-Lawsuit_filed_.sto
http://www.wired.com/news/politics/0,1283,33225,00.html
Here is an article posted by Bloomberg.
crowdedtheater.com is up and running.
Is this video real?
Go to crowdedtheater.com to see for
yourself.
KUDOS:
Thanks to Wired.com and
rumormillnews.com and the freedomforum
which were the only three sites to print our side of the story and defend us in this
matter.
Slashdot.org
has now also printed a story about us that supports us and our views.
Now APBnews.com
has also written a story on this issue.
News Flash:
We've heard the villagevoice.com
is posting a new article coming soon.
We look forward to see what the voice has to say now that the truth is out
there.
Flash #2
There is an article that once again slashes us big time. Please read
to see what this gentleman wrote about us in his un-researched article.
http://waxmanmedia.com/cgi-bin/news.cgi?transcripts&04331170254
This site has removed it's slanderous commentary. We don't know why but it's
gone.
Flash #3
APBnews.com has also printed
a story about this situation.
Flash #4
Yahoo News has now also run the APBnews.com
story.
If you are a news media group and would like
an interview or already have the story
posted to your site please let us know here.
We would like to say thank you
to all the wonderful "positive comments" we have received.
To all those who still
feel the need to flame us, please read these articles below before you
write.
We would also appreciate you NOT posting your comments to our guest book
or bulletin board.
Please read the following
articles to see the "REAL" sides to the story.
http://www.wired.com/news/politics/0,1283,32772,00.html
http://www.freedomforum.org/speech/1999/11/29closing.asp
http://www.rumormillnews.com/pulled.htm
http://slashdot.org/article.pl?sid=99/11/30/1258205&mode=thread
Some of these post have now been moderated to remove the posts asking to
flame us. Thanks Slashdot!
http://www.apbnews.com/newscenter/internetcrime/1999/12/03/fictionvideo1203_01.html
Original Press Release sent to
rumormillnews.com villagevoice.com,
slashdot.org
and wired.com.
We wanted to offer you this press release on crowdedtheater.com.
BECamation, the original provider of service for crowdedtheater.com,
has re-enabled the site. This decision was made after
re-examining facts and being made aware of all of the events that
transpired with all parties involved. We regret we had to make the
decision to pull the site, but without all the information available
to us at the time, we felt we had no choice.
At the time we were called by the FBI, we attempted to contact the
owner of the site. Even though he was aware of the FBI inquiries
and had already been contacted by them, he did not tell us that or
provide us with any information as to that fact. Not knowing what
had transpired or what his standing with the FBI was, we were left to
try to determine if legal action had already been taken, if we were in
violation of a court order, or what our rights and responsibilities
were. Therefore, without that information and not knowing if
legal action had been taken or was being taken, we felt we had
to comply with the FBI's request until we could get
the whole story.
When the FBI and US Attorney's office called BECamation, they
announced who they were and asked if we were the owners of
crowdedtheater.com. We said no, then they proceeded to tell us
that they had traced the site through GTE and back to us. We informed
them who the owner of the site was, they informed us that they already
knew who he was, they had contacted him and asked him to pull the site
down and he refused. They also mentioned that they were in current
contact with Mr. Z's lawyers.
They proceeded to tell us that the tape contained racial slurs and
could possibly incite a riot and their jobs were to insure that this
did not happen. We responded that we had viewed the tape, was told
that it was a farce and that was all it was meant to be. It was
similar to X Files or Blair Witch Project and meant only to show
the artists cinematography skills. They laid out several
negative scenarios and asked that the site be removed.
The FBI also told us they had contacted our service provider
and left a message asking them to pull the site as well. Not
knowing what had transpired with our provider, without any
information from Mr. Z, and with the FBI's pressure,
we felt we had no choice but to pull the site until further
clarification could be obtained. Until we could talk to all
parties involved, obtain the information to make a informed
choice, we kept the site down.
Now with the information needed to make the decision, we
have re-enabled the site.
We were distressed at the partial information concerning
this situation that was posted to the Village Voice,
and Slashdot.org. It resulted in inciting some very disturbed
people who sent hate e-mail, e-mail viruses, threatening phone calls,
e-mail bombs, posts to our guestbook and bulletin board service on our web site,
etc. We were displeased that the press originally made BECamation out
to be the "bad guys" and some sites seemed to encourage the
harassment aimed toward us. Perhaps with the "other side
of the story" available to them, they can now write more
informed articles.
(since the truth is now made available most all of the sites have posted rebuttal articles)
BECamation supports the First Amendment as well
as the rights
guaranteed in the constitution. We were lied to and correct information
regarding this matter were purposely kept from us to serve the FBI. Now that
the situation has been clarified by all parties we are happy to
offer the site again on our servers.
The site is up and running.
Mark Wieger President of BECamation
Filmmaker, Web Site Host Say FBI Sought to Censor Y2K Film
12/22/99 18:47 (New York)
Filmmaker, Web Site Host Say FBI Sought to Censor Y2K Film
New York, Dec. 22 (Bloomberg) -- A New Jersey filmmaker and
the owner of a Michigan firm that hosts Internet sites allege in
a federal lawsuit that U.S. authorities pressured them to censor
an on-line video purporting to show a military takeover of New
York.
Michael Zieper's six-minute video is a fictional account of
a planned takeover of the city by the U.S. Army. The film,
broadcast over the Internet from late October to mid-November and
again in December, suggests the military will launch a takeover
after instigating a race riot and staging a fake attempted rape
in Times Square.
In a federal lawsuit filed today, Zieper and Mark Wieger,
who owns BECamation, a Michigan firm that hosts Web sites,
contend that an agent of the Federal Bureau of Investigation and
a federal prosecutor in New York coerced them into removing the
film from the Internet.
The suit, filed by the American Civil Liberties Union,
claims the government sought to shut down the video because it
might lead to unrest during the millennium celebration.
Zieper and Wieger say they were so distressed by the
authorities' request that they remove the video, that they feared
they'd be arrested if they didn't comply.
``I was terrified. I did feel that in some way I had broken
a law,'' said Zieper, of North Caldwell, New Jersey, at a
Manhattan press conference announcing the lawsuit.
A spokesman for U.S. Attorney Mary Jo White in Manhattan
declined to comment. A spokesman for the FBI did not immediately
return a call.
Start A Race Riot
The Web page from which the video could be viewed says that
copies of the film are ``floating around'' an undisclosed
military base. It features an actor who purports to be a military
officer explaining how troops are to start a race riot and shows
footage of Times Square.
``I want them running for their lives at that point,'' the
officer says. ``Very important that the push be north, toward the
park.''
In the lawsuit, Zieper and Wieger, of Edwardsburg, Michigan,
say that authorities told them the video ``was causing a lot of
concern, and that people had asked the FBI what was going on.''
Wieger said he agreed to shut down the Web site immediately after
the FBI asked him to.
Later, however, Wieger put the Web site and film back online
after receiving hundreds of e-mail insults, known as flames, for
shutting down the site. Wieger said his business suffered as a
result.
The lawsuit seeks damages and a declaratory judgment that
the film is protected by the First Amendment.
``The `Military Takeover' film is clearly not intended to
incite or produce imminent lawless action and is not likely to
incite or produce such action,'' the suit says.
--David Glovin in U.S. District Court in New York (212) 732-9245,
with reporting by Andrew Galvin, through the New York newsroom
(212) 893-3665/ep
Story illustration: For Internet news, type TNI INTERNET <Go>.
NI Codes:
NI NJ
NI MI
NI INTERNET
NI MEDIA
NI TEC
NI GEN
NI GOV
NI COS
NI LAW
NI NY
NI NYC
NI US
NI USLEGAL
NI USMEDIA
NI Y2KN
-0- (BN ) Dec/22/1999 18:47
-----
Ann Beeson, Staff Attorney, ACLU Nat'l Legal Dept.
125 Broad St., NY, NY 10004
212-549-2601 (ph); 212-549-2651 (fax)
beeson@aclu.org
ACLU Sues U.S. for Filmmakers, Web Host Over Suppressed Web Film
Suit alleges FBI alluded to criminal
activity, misled Web host
By Goli Gharib
E-Commerce Law Weekly
January 6, 2000
The American Civil Liberties Union filed
suit against federal government officials
Dec. 22, alleging federal law enforcement
officials violated the First and Fifth
Amendments of the U.S. Constitution
when they suppressed a film on the
Internet (Zieper v. Reno, D. N.J.,
No.99-5980, Judge Dickerson R.
Debevoise, filed 12/22/99).
ACLU filed the suit on behalf of plaintiffs
Mike Zieper, an independent filmmaker in
West Caldwell, N.J., and Mark Wieger,
owner of BECamation, a company that
hosts Web sites in Edwardsburg, Mich.,
against federal government officials
alleging that through fear and intimidation
the defendants pressured plaintiffs into
censorship.
Zieper produced a six-minute fictional film
on a secret military takeover titled
"Military Takeover of New York City." The
film purported to be a true account of a
planned military takeover of Times
Square during New Year's Eve 1999 and
was placed on the Internet at
http://crowdedtheater.com using Wieger's
web hosting service.
Zieper's Web site was completed and
launched on Oct. 28. BECamation's Web
hosting service provided Zieper with the
computer space for the Web site,
technical assistance in design and
maintenance, as well as the use of
software for showing and viewing video
files on the Internet.
SUPPRESSION OF PROTECTED
SPEECH
The ACLU asserts that government
agents engaged in an "officially
sanctioned 'policy and practice' of
suppressing constitutionally protected
speech and due process rights when they
sought to censor the film."
According to the ACLU complaint, Zieper
was contacted by defendant Special
Agent Joe Metzinger of the FBI on Nov.
10, inquiring about the film. "Metzinger
said that he knew that Zieper had a Web
site that had been receiving a lot of
activity ... that the site was causing a lot of
concern, and that people had asked the
FBI what was going on," the complaint
said.
"I saw a need for television or movies to
address issues in our culture," Zieper
said about his film. "I set out to do
something I thought to be thought
provoking, but not inflammatory," he
continued, adding that, "These are times
of extreme cultural anxiety."
The plaintiffs allege that Metzinger
alluded to criminal activity associated
with Zieper's Web site and film and
asked whether there was any way to
prevent showing the video on the Internet.
Fearing arrest, Zieper refused to speak
further to Metzinger, and proceeded to
retain legal counsel.
Metzinger and defendant Assistant U.S.
Attorney Lisa Korologos then contacted
Wieger, inquiring about the ownership of
the Web site and seeking to have the
video content disabled. According to
Wieger, Metzinger and Korologos said
"they had traced the crowdedtheater.com
Web site to him through GTE (an Internet
service provider) which is the
business with whom Wieger contracts to
lease the computer space on the Internet
for his clients." Furthermore, defendants
told Wieger they "had contacted them,
and had left a message asking them to
take down the site if Wieger did not take
it down." Wieger then proceeded to
disable the Web site and remove its
contents.
NO PRIOR JUDICIAL
DETERMINATION OBTAINED
In the complaint, the ACLU asserts that,
"The 'Military Takeover' film is clearly not
intended to incite or produce imminent
lawless action and is not likely to incite or
produce such action. It consists entirely of
speech protected by the First
Amendment." The plaintiffs further allege
that, "Before contacting the plaintiffs,
Defendants obtained no judicial
determination that the 'Military Takeover'
film was unprotected by law." In a
prepared statement released Dec. 22,
the ACLU said that it "acknowledged that
law enforcement officials have legitimate
concerns about actual violent incidents in
connection with the new millennium. But
using government powers to suppress
clearly protected works of fiction violates
the First Amendment."
"The FBI misled [Wieger] that they had a
conversation with GTE," Ann Beeson,
attorney for ACLU, told ECLU. "Wieger
was afraid, and didn't know he had any
choice [but to disable the Web site]," she
said. "This type of behavior by the
government is the most egregious, ...
[and constitutes] prior restraint," she
added. According to the complaint,
"Wieger sent an e-mail to his provder to explain
the situation and to ask whether they
could do anything to help. They replied by
e-mail and suggested that Wieger
contact the FBI to ask what legal basis
they had for requesting that the site be
shut down. If the FBI provided no legal
basis for the request, his provder suggested
that Wieger should put the site back up
on the Web."
"The FBI did not call [GTE]," Wieger told
ACLU. "I was pretty upset," he said in
describing the circumstances surrounding
his decision to disable the Web site and
in dealing with the defendants. He said he
put the Web site back up when he
"figured out the FBI lied to [him]."
"As a result of the government's actions,
an artist has experienced censorship and
intimidation, and a businessman has
been forced to choose between his rights
and his livelihood," Beeson said in the
Dec. 22 statement. Wieger said he
received numerous angry and critical
messages (called "flaming") from people
who thought he was "like an AOL,
censoring people's content," when he
deleted the Web site "I personally wrote
back to every single person that flamed
me," Wieger said, adding that 90 percent
of his time has been devoted to damage
control for his business. "I am finally able
to start working again," Wieger
continued. "The damage is already done,
and continues...I don't know how much
business I may have lost."
The U.S. Attorney's office declined to
comment while the case is pending.
The plaintiffs further allege that the
defendants' behavior has linked them with
"Project Megiddo," a program
established by the Justice Department "to
investigate and prosecute lawless
actions, threats of lawless actions and
incitement to lawless actions related to
the arrival of the new millennium." "There
is nothing in the video that incites or
advocates anything," Beeson said.
The complaint asserts that plaintiffs'
reputations were damaged and their
speech suppressed in violation of their
First Amendment rights as a result of
defendants' actions including the
investigation. The lawsuit seeks financial
damages and a court declaration that the
government acted unlawfully.
***********
Phil Gutis
Director of Legislative Communications
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