Bank Julius Baer & Co. Ltd, & Julius Baer Bank & Trust Co, LTD v Wikileaks;; and Does 1-10

Brief of Amici Curiae The Reporters Committee for Freedom of the Press et al.


On 2-6-08, Swiss bank Julius Baer filed suit in federal district court against "Wikileaks," a website designed to give whistleblowers a forum for posting materials of public concern, for hosting 14 allegedly leaked documents regarding personal banking transactions of Julius Baer customers. Also sued was Wikileaks' domain name registrar, Dynadot LLC. On February 15, following a stipulation between Julius Baer and Dynadot, the court issued a permanent injunction, disabling the domain name and preventing that domain name from being transferred to any other registrar. On 2-26-08, the EFF, the ACLU, and the American Civil Liberties Union Foundation of Northern California filed a motion to intervene in the lawsuit in order to dissolve the permanent injunction. On 2-29-08, a federal judge in San Francisco heard arguments regarding EFF's motion as well as a related issue: whether to extend a temporary restraining order aimed at preventing the further distribution of the 14 disputed Julius Baer documents. Following the hearing, Judge White dissolved his previous orders, citing First Amendment concerns and other arguments raised by the proposed intervenors and amici curiae, allowing the to go back up.

This is the brief of Amici Curiae the reporters committee for freedom of the press; the american society of newspaper editors; the associated press; citizen media law project; the e.w. scripps co.; gannett co., inc.; the hearst corporation; the los angeles times; national newspaper association; newspaper association of america; radio-television news directors association; and the society of professional journalists.

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Reference Info:Legal Memoranda: Prejudgment Remedies | Federal, 9th Circuit, California | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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