WikiLeaks, Amazon and the new threat to internet speech

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December 02, 2010|By Rebecca MacKinnon, Special to CNN

In the physical world, WikiLeaks founder Julian Assange is a wanted man. In the virtual world, his website is under attack and on the run.

There isn't much question that the person who obtained the WikiLeaks cables from a classified U.S. government network broke U.S. law and should expect to face the consequences. The legal rights of a website that publishes material acquired from that person, however, are much more controversial.

There are many prominent Americans -- and a great many ordinary Americans -- who have made their views clear over the past week that WikiLeaks' "cablegate" website should not be considered constitutionally protected speech. Others, however, believe equally strongly that now that the material is out, news media and website owners have the right to publish the material.

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What is troubling and dangerous is that in the internet age, public discourse increasingly depends on digital spaces created, owned and operated by private companies. The result is that one politician has more power than ever to shut down controversial speech unilaterally with one phone call.

After suffering aggressive cyber attacks last weekend, Assange removed his "cablegate" site from servers in Sweden and purchased a new home for it on Amazon's web hosting service. On Tuesday, Amazon talked on the phone with the office of Sen. Joe Lieberman, chairman of the Senate's committee on homeland security.

Shortly thereafter, Amazon booted WikiLeaks. The senator responded with a statement: "I wish that Amazon had taken this action earlier based on WikiLeaks' previous publication of classified material. The company's decision to cut off WikiLeaks now is the right decision and should set the standard for other companies WikiLeaks is using to distribute its illegally seized material."

This is not the first time Lieberman has demanded that an American internet company take down controversial material. Last time, the outcome was different.

In 2008, Lieberman wrote to Google CEO Eric Schmidt, demanding immediate removal of "content produced by Islamist terrorist organizations from YouTube." While YouTube did remove a few videos that violated community guidelines against violence and hate speech, it refused to remove most of them.

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