Bank Julius Baer & Co. Ltd. et al v. Wikileaks et al

Filing 78

Declaration of Evan Spiegel in Support of #77 Brief, Declaration of Evan Spiegel in Support of Plaintiffs Supplemental Brief in Support of Application for Preliminary Injunction re Response to the Reporters Committee et al.s Proposed Amici Curiae Brief filed byBank Julius Baer & Co. Ltd., Julius Baer Bank and Trust Co. LTD.. (Attachments: #1 Supplement Part 2 of Spiegel Declaration)(Related document(s) #77 ) (Briggs, William) (Filed on 2/27/2008)

Bank Julius Baer & Co. Ltd. et al v. Wikileaks et al

Doc. 78

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MARTIN D. SINGER, ESQ. (BAR NO. 78166) WILLIAM J. BRIGGS, II, ESQ. (BAR NO. 144717) EVAN N. SPIEGEL, ESQ. (BAR NO. 198071) LAVELY & SINGER PROFESSIONAL CORPORATION 2049 Century Park East, Suite 2400 Los Angeles, California 90067-2906 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] E-mail: [e-mail] Attorneys for Plaintiffs BANK JULIUS BAER & CO. LTD and JULIUS BAER BANK AND TRUST CO. LTD UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) ) ) ) ) Plaintiffs, ) ) v. ) WIKILEAKS, an entity of unknown ) form, WIKILEAKS.ORG, an entity ) of unknown form; DYNADOT, ) LLC, a California Limited Liability ) Corporation, and DOES 1 through ) 10, inclusive, ) ) Defendants. ) ) ) CASE NO. CV08-0824 JSW [Hon. Jeffrey S. White; CTRM 2] DECLARATION OF EVAN SPIEGEL IN SUPPORT OF PLAINTIFFS' SUPPLEMENTAL BRIEF IN SUPPORT OF APPLICATION FOR PRELIMINARY INJUNCTION RE RESPONSE TO THE REPORTERS COMMITTEE ET. AL.'S PROPOSED AMICI CURIAE BRIEF

BANK JULIUS BAER & CO. LTD, a Swiss entity; and JULIUS 13 BAER BANK AND TRUST CO. LTD, a Cayman Islands entity,
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DECL. OF EVAN SPIEGEL RE SUPPLEMENTAL BRIEF
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DECLARATION OF EVAN SPIEGEL I, EVAN SPIEGEL, declare as follows: 1. I an attorney at law duly qualified to practice before the Courts of the State of California, and am an attorney with the firm of Lavely & Singer Professional Corporation, attorneys for Plaintiffs Bank Julius Baer & Co. Ltd and Julius Baer Bank and Trust Co. Ltd. The facts stated herein are stated of my own personal knowledge and, if called and sworn as a witness, I could and would testify competently thereto. As to those matters stated on the basis of information and belief, I am so informed and believe those matters to be true. 2. This Declaration is made in support of Plaintiffs Bank Julius Baer & Co. Ltd's ("BJB") and Julius Baer Bank and Trust Co. Ltd's ("JBBT") (collectively, "Julius Baer" and/or "Plaintiffs") Supplemental Brief In Support of Application for Preliminary Injunction re Response to the Reporters Committee et. al.'s Proposed Amici Curiae Brief and issued raised therein, in the above captioned matter. 3. The facts of this matter are more fully set forth in the Complaint, in Plaintiffs' Application for TRO and Preliminary Injunction, Application for Alternative Service, and Plaintiffs' other pleadings on file in this matter, which are incorporated herein by reference. This brief does not attempt to address all of the points raised by the Amici Curiae The Reporters Committee for Freedom of the Press et. al. because of obvious time constraints. Instead, it focuses on the core issue presented to this Court. Namely, whether Wikileaks' posting of stolen confidential bank and financial information constitutes a grave threat to the constitutional privacy rights of the JB bank customers sufficient to justify issuance of an injunction. The brief also briefly addresses the fact that Wikileaks is not protected by any immunity, and that the Amici Curiae lack standing to raise new issues or to seek to manage the case through motion practice.
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4.

Wikileaks and Wikileaks.org and Does 1-10 (collectively, the

"Wikileaks Defendants") are admittedly hiding their true identities and physical whereabouts, and that of their owners, operators and registrants. At the same time, despite notice of the Temporary Restraining Order (the "TRO") and their own written acknowledgment of the TRO, the Wikileaks Defendants continue under their veil of anonymity to operate and display, post and disseminate the JB Property. 5. The Complaint and Application for TRO and OSC re Preliminary Injunction allege and provide supporting exhibit evidence that the Defendants did not merely provide an online forum upon which, without their involvement, a third-party posted harmful speech or engaged in harmful conduct. The pleadings allege and evidence supports the allegations that, in this matter, a third-party did not solely himself post harmful speech, nor even the stolen content, the Wikileaks Defendants did so. The Wikileaks have admitted that they are actively engaged in the publication of the documents at issue, and have stated that they will "keep on publishing, ..., Wikileaks will step up publication of documents ..." Attached hereto as Exhibit "A" is a true and correct copy of printouts from the Wikileaks Websites, containing Wikileaks statement that "Wikileaks will keep on publishing" the stolen property and other documents. Attached hereto as Exhibit "B" is a true and correct copy of printouts from the Wikileaks Websites, an example, from many, evidencing content and extensive edits provided by Wikileaks. See also, Application for TRO, Documents Filed Under Seal, Exhs. "A" through "O" for further examples of content provided by Wikileaks.
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6.

The imminent threat to each individual whose bank account information

is displayed is real, not speculative, as reported numerous of the Amici, including The Los Angeles Times. Attached hereto as Exhibit "C" is a true and correct copy of sample copies of a few of the numerous articles published by the Amici parties with regard to data security and identity theft. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 27nd day of February 2008, at Los Angeles, California. /s/ EVAN N. SPIEGEL

I hereby attest that I have on file all holographic signatures for any signatures indicated by a conformed signature (/s/) within this efiled document. /s/ WILLIAM J. BRIGGS, II

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