Email to Attorney Jason Flores-Williams Regarding the Motion to Quash Prosecution’s Subpoena to Cloudflare

Last night I was contacted by a friend who knew I had been involved in the ProjectPM wiki and other elements of the Project’s public operations in the winter/spring of 2011. Apparently the prosecutor in the US government’s case against ProjectPM’s founder Barrett Brown has filed a subpoena to Cloudflare  (text of subpoena unavailable to me at the time of this post, the previous link to Kevin Gosztola’s piece on the Whistleblower’s Defense League describes the circumstances) , the web host which housed the wiki’s domain at for all information regarding the domain, its files and users. Given my involvement and the clearly exploratory nature of the subpoena, my friend wondered if I thought my privacy would be violated were it granted, and referred me to an attorney, Jason Flores-Williams, who has filed a motion to quash US Attorney C.S. Heath’s subpoena on behalf of the domain’s webmaster (who is not a US citizen). I spoke with Mr. Flores-Williams briefly last night and agreed to be a party to the motion as an intervenor (intervention is a procedure to allow a nonparty, called intervenor, to join ongoing litigation, either as a matter of right or at the discretion of the court, without the permission of the original litigants. The basic rationale for intervention is that a judgment in a particular case may affect the rights of nonparties, who ideally should have the right to be heard).

My involvement with ProjectPM was relatively short-lived and was largely discontinued almost two years ago. I’m almost certainly not a target of the DOJ’s current thrust to prosecute activists associated with the Stratfor hack, and I have not committed any illegal acts which might be uncovered in the disclosures resultant from the subpoena’s being granted. I welcome elucidation of my involvement exposing virulent corruption – however, I am not willing to allow the US government to go traipsing through potentially personal, arbitrary information to further their policy of total prosecutorial war on politically-motivated computer-related investigations.

I sent the following email to Mr. Flores-Williams this morning after having had the night to process:


I’m in the process of making a bit of noise about this today.

The purpose of this email is to make explicit my objection to the violation of my right to privacy that the prosecution’s subpoena for domain information constitutes.

I participated in Project PM in an educational and research capacity, conducting online video discussions to clarify technical implications of “OpMetalGear” and creating and briefly maintaining a section for Research on the project’s wiki. I submitted relevant content including academic literature on swarm intelligence in distributed systems and the corporations developing consonant technology.

All of my contributions to the Project and its Wiki were legal and proper manifestations of my 1st Amendment rights to expression and association.

I’m attaching the Project PM Participant list in xls format for your possible enrichment.

I’m also attaching a Gmail log of a g-chat between Mr. Brown and I regarding the creation of the [Research] section on the wiki, as a positive assertion of standing in this matter.


Kenneth Lipp


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