Yet Another Indymedia server seizure Parliamentary Written Answer - still no action by the Home Office
Another Written Answer on the 8th December 2004 in parliament from Home Office Minister Caroline Flint, regarding the Indymedia server seizure affair:
"Seizure of Property
Lynne Jones: To ask the Secretary of State for the Home Department with reference to the seizure of servers belonging to Indymedia, what statutes govern the seizure of private property in the UK by foreign law enforcement agencies without authorisation from UK law enforcement agencies. [201718]
Caroline Flint: Foreign law enforcement agencies are permitted to seek the seizure of private property in the UK to secure evidence in connection with a criminal investigation, by sending a request to the UK Central Authority (UKCA) at the Home Office through mutual legal assistance procedures under the Crime (International Co-operation) Act 2003 and the Police and Criminal Evidence Act 1984. The UKCA considers such requests in conjunction with the appropriate UK law enforcement agency. If the request is approved UKCA will then issue a direction to the courts on behalf of the Secretary of State authorising an application for a search warrant.
In this particular case, I understand that, in accordance with a US Commissioner's subpoena, a US based company accessed its servers in London from the US, in order to comply with the terms of that subpoena. No UK law enforcement agencies were involved in this action"
So, given that UK law applies in London, not USA law, presumably the seizure and the "collateral damage" to systems which had nothing to do with the material allegedly of interest in the US subpoena, on behalf of Italian and or Swis s authorities, was therefore illegal ?
The Home Office have not been pressed by any Members of Parliament (there must now have been around a dozen Parliamentary Questions skirting around this controversial seizure) about where this all leaves the National High Tech Crime Unit's Confidentiality Charter (.pdf) and how the Home Office's inaction and lack of censure against foreign law enforcement agencies, who have obviously acted in contravention of UK sovereignty, does to the Labour Government's claims that the "UK is the best palce in the world to do e-business" ?