This is a list of all civil rights violations that happened in relation to the raid on The Pirate Bay’s Servers 5 days ago. The list is, despite the title, only of currently known civil rights violations and wrongs, which means that if there are any unknown ones at this point, they aren’t covered in this article.
- This was ordered by the MPAA through the White House through the Swedish Government. Prosecutors and police knew they couldn’t act against TPB, but were ordered to anyway. Double or triple fault.
- Thomas Bodström, minister of justice, gives direct orders regarding specific cases. (This may be a bit odd for foreigners to understand, but ministers aren’t heads of their departments here; they represent the departments to the government, which writes general rules. It is absolutely forbidden for a minister to interfere in a specific case). He has later gone on record denying this.
- In direct violation with Swedish judiciary custom, the raid takes place.
- From an investigatory point of view, there is no reason at all to close down TPB. They are completely open and transparent with what they are doing, and the BitTorrent protocol description is public. From an investigation standpoint, there is nothing additional to be gained by shutting down TPB.
- At the raid, not only TPB’s servers were seized; ALL servers were seized. The server room is emptied. This has caused 200-300 individuals and businesses to have their machines and servers seized for the indefinite future for the crime of being in the same room as an accused.
- At the raid, the Pirate Bureau’s servers were seized, too. The Pirate Bureau is a forum for public debate and a think tank in copyright related issues. In this case, the media industry has used the Swedish police force to shut down an opponent in the public debate.
- At the raid, Mikael Viborg is arrested. Mikael Viborg is TPB’s legal counsel, and has nothing to do with the operations of the site.
- Mikael Viborg was forced to give a DNA sample during interrogation. While this is allowed when one is accused of a crime that can result in a prison term, the law says that every such privacy violation must always be weighed against the investigative need. In this case, a DNA sample is impossibly necessary to investigate a copyright infringement case. It must only have been used for pure harassment.
- At the raid, one of the servers seized was the one hosting the Chechen site Kavkaz Center. This site is a registered news site, and as such, enjoys constitutional freedom-of-the-press protection. Seizing it was a direct violation of the Swedish Constitution. When confronted with this fact, police say that they will prioritize searching this server in order to return it quickly. This statement is later nullified as a court slaps the prosecutor forcibly on the wrist by voiding the seize effective immediately.
- Henrik Pontén, spokesman of the Anti-Pirate Bureau, claims that the real target was the opinion building community the Pirate Bureau, that TPB was at the bottom of the barrel anyway. This has later been publicly denied as a misquote.
- Gottfrid Svartholm, one of the operators of TPB, was denied a public defender, on the reason that he did not risk a jail term. However, to stage a raid like this, you need jail term on the scale or the police can’t do it. Additionally, compare Mikael Viborg’s DNA sample, which was motivated by the possible jail sentence.
- Håkan Roswall, the public prosecutor, responded on national television about what will happen to all of the unrelated servers: “We will mirror all of them and start looking through the information. If there is no interesting information to us there, we will return them.”. The police has no right whatsoever to search servers unrelated to the raid for which they had a warrant. So, not only are innocent bystanders’ servers seized; the police also intend to search them thorougly.
- Henrik Pontén from the Anti-Pirate Bureau was present at the raid. What gives him the right to be present at a police action?
- During the raid, the police covered up the surveillance cameras, which can be seen on videos available online now. Fortunately, these videos were transferred to other locations beforethe police siezed them. Why did the police cover the cameras, if the raid was legal and constitutional?
The list was originally compiled by Anders Gardebring and translated and expanded by Rickard Falkvinge, the leader of The Swedish Pirate Party. Thanks to both of you.