Title: WikilLeaks Letter to Google

Release Date: 2015-01-26

Document Date: 2015-01-26

Text: (TV) centeriorconstitutionalrights

on the front lines for social justice

January 26,2015

Eric E. Schmidt
Kent Walker

Senior Vice President & General Counsel
1600 Amphitheatre Parkway
Mountain View, CA 94043
eric.schmidt@, google.com

By Electronic and Certified Mail

Mr. Schmidt,

On December 23, 2014 Google sent notifications to our clients Sarah Elarrison, Kristinn
Hrafnsson and Joseph Farrell, journalists and editors for the publishing organization WikiLeaks,
that pursuant to search and seizure warrants Google provided federal law enforcement officials
all of their Google e-mail content, subscriber information, metadata, and other content.

According to the warrants the investigation concerns espionage (18 U.S.C. § 793(d)),
conspiracy to commit espionage (18 U.S.C. § 793(g)), the theft or conversion of property
belonging to the United States government (18 U.S.C. § 641), violation of the Computer Fraud
and Abuse Act (18 U.S.C. § 1030), and conspiracy (18 U.S.C. § 371).

We are astonished and disturbed that Google waited over two and a half years to notify
its subscribers that a search warrant was issued for their records.

The failure to notify followed a conversation you had with our client Julian Assange on
April 19, 2011 in which he informed you of previous orders issued to Twitter seeking records
regarding affiliates of WikiLeaks.

“Julian Assange: So we're fighting this case now, with Twitter, we've done three court hearings
now, trying to get the names of the other companies that fulfilled the subpoenas for the grand
jury in the US. Twitter resisted and so that's how some of us became aware. They argued that we
should be told that there was a subpoena...

Eric Schmidt: I can certainly pass on your request to our general counsel.

Julian Assange: Tell them to argue that we should be told.

Eric Schmidt: So your specific request is that Google argue legally that WikiLeaks as an
organization should be informed... OK. I'll pass that along.”

666 broadway, 7 fl, new york, ny 10012

t 212 614 6464 f 212 614 6499 www.CCRjustice.org

({V; centerforconstitutionalrights

on the front lines for social justice

Twitter challenged the government so it could notify its subscribers of the orders, and
prevailed. Mr. Assange requested that Google, like Twitter, argue for WikiLeaks to receive
notice if Google received similar orders. We are surprised that Google appears to have failed to
act upon this request, causing notice to our clients to be delayed more than two and a half years.

Nor, among other failures, did Google provide our clients with a list of all materials
provided to law enforcement, or the pendency of any legal proceedings.

Had Ms. Harrison, Mr. Hrafnsson, or Mr. Farrell been aware of such proceedings they
could have intervened and protected their interests including their rights to privacy, association
and freedom from illegal searches. While it is too late for our clients to have the notice they
should have had, they are still entitled to a list of Google’s disclosures to the government and an
explanation why Google waited more than two and a half years to provide any notice.

Set forth below is a list of materials that are necessary to protect their rights.


We ask that you provide us with the following:

** A list of all materials Google disclosed or provided to law enforcement in response to these
search warrants;

** A copy of the court order referenced in Google's e-mails to our clients; and

** Any other legal process or communications involving Google, law enforcement, and/or the

Eastern District of Virginia relating to these warrants.


We request the following information:


** What was the basis for Google not notifying our clients immediately that a search warrant
was issued for their records?

** What was the basis for Google not notifying our clients immediately when it released
information to the government in response to search warrants?


** Did Google initiate any legal challenge to the search warrants before complying with them?
** Did Google initiate any legal challenge in order to notify our clients during the more than
two-and-a-half year period that Google was aware of these warrants?

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t 212 614 6464 f 212 614 6499 www.CCRjustice.org


1 on the front lines for social justice


** When was Google notified by the Eastern District of Virginia that it could release the above
search warrants to our clients?

** Have any other government information requests, including but not limited to search warrants,
subpoenas, or 2703(d) orders, been submitted for our clients?

** What other Google subscribers affiliated with WikiLeaks received search warrants for their
records in connection with this matter?

We appreciate your cooperation in this matter and hope to hear from you soon. Please respond
via e-mail to mratner@;ccriustice.org, carevshenkman@riseup.net and ratnerkunstler@riseup.net.

Michael Ratner Margaret Ratner Kunstler

President Emeritus, Center for Constitutional Rights Co-Counsel for Sarah Harrison

8 Spruce Street
New York, NY 10038
(212) 924-7025

Carey Shenkman

Counsel for WikiLeaks
Julian Assange
Sarah Harrison
Kristinn Hrafnsson
Joseph Farrell

CC: Kent Walker

Google Reference Numbers:

666 broadway, 7 fl, new york, ny 10012

t 212 614 6464 f 212 614 6499 www.CCRjustice.org


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