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Military Commissions Act

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82-484: (Redirected from Military Commission Act ) There are multiple uses of Military Commissions Act : Military Commissions Act of 2006 , passed October 17, 2006 Military Commissions Act of 2009 , passed October 9, 2009 Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with the title Military Commissions Act . If an internal link led you here, you may wish to change

164-549: A declaratory judgment action in the United States District Court for the Northern District of California on January 20, 2006, seeking a judicial determination that Internet Archive did not violate Shell's copyright . Shell responded and brought a countersuit against Internet Archive for archiving her site, which she alleges is in violation of her terms of service . On February 13, 2007,

246-562: A pornographic actor named Daniel Davydiuk tried to remove archived images of himself from the Wayback Machine's archive, first by sending multiple DMCA requests to the archive, and then by appealing to the Federal Court of Canada . The images were removed from the website in 2017. In 2018, archives of stalkerware application FlexiSpy's website were removed from the Wayback Machine. The company claimed to have contacted

328-414: A calendar layout with circles whose width visualizes the number of crawls each day, but no marking of duplicates with asterisks or an advanced search page. A top toolbar was added to facilitate navigating between captures. A bar chart visualizes the frequency of captures per month over the years. Features like "Changes", "Summary", and a graphical site map were added subsequently. In March that year, it

410-477: A given Web page was accessible to the public. These dates are used to determine if a Web page is available as prior art for instance in examining a patent application. There are technical limitations to archiving a website, and as a consequence, opposing parties in litigation can misuse the results provided by website archives. This problem can be exacerbated by the practice of submitting screenshots of web pages in complaints, answers, or expert witness reports when

492-540: A judge for the United States District Court for the District of Colorado dismissed all counterclaims except breach of contract . The Internet Archive did not move to dismiss the copyright infringement claims that Shell asserted arose out of its copying activities, which would also go forward. On April 25, 2007, Internet Archive and Suzanne Shell jointly announced the settlement of their lawsuit. The Internet Archive said it "...has no interest in including materials in

574-420: A new data centre in a Sun Modular Datacenter on Sun Microsystems ' California campus. As of 2009 , the Wayback Machine contained approximately three petabytes of data and was growing at a rate of 100 terabytes each month. A new, improved version of the Wayback Machine, with an updated interface and a fresher index of archived content, was made available for public testing in 2011, where captures appear in

656-494: A predetermined number of hyperlinks based on a preset depth limit, so it cannot archive every hyperlink on every page. In a 2009 case, Netbula, LLC v. Chordiant Software Inc. , defendant Chordiant filed a motion to compel Netbula to disable the robots.txt file on its website that was causing the Wayback Machine to retroactively remove access to previous versions of pages it had archived from Netbula's site, pages that Chordiant believed would support its case. Netbula objected to

738-568: A site blocked the Internet Archive, any previously archived pages from the domain were immediately rendered unavailable as well. In addition, the Internet Archive stated that "Sometimes, a website owner will contact us directly and ask us to stop crawling or archiving a site. We comply with these requests." In addition, the website says: "The Internet Archive is not interested in preserving or offering access to Web sites or other internet documents of persons who do not want their materials in

820-515: A site might be included in more than one crawl list, so how often a site is crawled varies widely. A "Save Page Now" archiving feature was made available in October 2013, accessible on the lower right of the Wayback Machine's main page. Once a target URL is entered and saved, the web page will become part of the Wayback Machine. Through the Internet address web.archive.org, users can upload to

902-479: A user commented, "There needs to be a Scientists' March on Washington". The site is used heavily for verification, providing access to references and content creation by Misplaced Pages editors . When new URLs are added to Misplaced Pages, the Internet Archive has been archiving them. In September 2020, a partnership was announced with Cloudflare to automatically archive websites served via its "Always Online" service, which will also allow it to direct users to its copy of

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984-419: A website's URL into the search box, provided that the website allows the Wayback Machine to " crawl " it and save the data. On October 30, 2020, the Wayback Machine began fact-checking content. As of January 2022, domains of ad servers are disabled from capturing. In May 2021, for Internet Archive's 25th anniversary, the Wayback Machine introduced the "Wayforward Machine" which allows users to "travel to

1066-688: Is a digital archive of the World Wide Web founded by the Internet Archive , an American nonprofit organization based in San Francisco , California . Created in 1996 and launched to the public in 2001, it allows users to go "back in time" to see how websites looked in the past. Its founders, Brewster Kahle and Bruce Gilliat , developed the Wayback Machine to provide "universal access to all knowledge" by preserving archived copies of defunct web pages. Launched on May 10, 1996,

1148-407: Is a reference to a fictional time-traveling device in the animated cartoon The Adventures of Rocky and Bullwinkle and Friends from the 1960s. In a segment of the cartoon entitled "Peabody's Improbable History", the characters Mister Peabody and Sherman use the " Wayback Machine " to travel back in time to witness and participate in famous historical events. From 1996 to 2001, the information

1230-548: Is awaiting such determination. (2) Except as provided in paragraphs (2) and (3) of section  1005(e) of the Detainee Treatment Act of 2005 ( 10 U.S.C. 801 note), no court, justice, or judge shall have jurisdiction to hear or consider any other action against the United States or its agents relating to any aspect of the detention, transfer, treatment, trial, or conditions of confinement of an alien who

1312-672: Is based in part upon Recommendations for Managing Removal Requests and Preserving Archival Integrity , known as The Oakland Archive Policy , published by the School of Information Management and Systems at University of California, Berkeley in 2002, which gives a website owner the right to block access to the site's archives. Wayback has complied with this policy to help avoid expensive litigation. The Wayback retroactive exclusion policy began to relax in 2017, when it stopped honoring robots on U.S. government and military web sites for both crawling and displaying web pages. As of April 2017, Wayback

1394-414: Is for complex querying, filtering, and analysis of captured data. Historically, the Wayback Machine has respected the robots exclusion standard (robots.txt) in determining if a website would be crawled – or if already crawled, if its archives would be publicly viewable. Website owners had the option to opt out of Wayback Machine through the use of robots.txt. It applied robots.txt rules retroactively; if

1476-466: Is ignoring robots.txt more broadly, not just for U.S. government websites. From its public launch in 2001, the Wayback Machine has been studied by scholars both for the ways it stores and collects data as well as for the actual pages contained in its archive. As of 2013, scholars had written about 350 articles on the Wayback Machine, mostly from the information technology , library science , and social science fields. Social science scholars have used

1558-541: Is or was detained by the United States and has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination. Among other things, the MCA created the position of Chief Defense Counsel (United States) . In Boumediene v. Bush (2008), the US Supreme Court held that the MCA was unconstitutional as it restricted detainees' use of habeas corpus and access to

1640-458: Is punishable as a principal under this chapter who commits an offense punishable by this chapter, or aids, abets, counsels, commands, or procures its commission. This makes it possible for US citizens to be designated unlawful enemy combatant because it could be read to include anyone who has donated money to a charity for orphans in Afghanistan that turns out to have some connection to

1722-627: Is subject to trial by military commission under chapter 47A — Military Commissions (of the Military Commissions Act of 2006 ( 10 U.S.C. 948a (Section 1, Subchapter I) Archived September 18, 2008, at the Wayback Machine )). The definition of unlawful and lawful enemy combatant is given in Chapter 47A—Military commission: Subchapter I--General provisions: Sec. 948a. Definitions Archived January 17, 2016, at

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1804-587: The Detainee Treatment Act of 2005, while not allowing a standard habeas corpus review, provides that each detainee "has a right to appeal to our civilian-justice system. — specifically, to the U.S. Court of Appeals for the D.C. Circuit. And if that appeal is unsuccessful, the terrorist may also seek certiorari review by the Supreme Court." John Yoo , a former Bush Administration Justice Department official and current professor of law at

1886-550: The Taliban or a person organizing an anti-war protest in Washington, D.C. Jennifer Van Bergen , a journalist with a law degree, responds to the comment that habeas corpus has never been afforded to foreign combatants with the suggestion that, using the current sweeping definition of war on terror and unlawful combatant , it is impossible to know where the battlefield is and who combatants are. Also, she notes that most of

1968-612: The United States Department of Defense , were procedurally flawed and unconstitutional, and did not provide protections under the Geneva Conventions . It prohibited detainees who had been classified as enemy combatants or were awaiting hearings on their status from using habeas corpus to petition federal courts in challenges to their detention. All pending habeas corpus cases at the federal district court were stayed. In Boumediene v. Bush (2008),

2050-576: The University of California, Berkeley , called the Act a "stinging rebuke" of the Supreme Court's Hamdan v. Rumsfeld ruling, calling that ruling "an unprecedented attempt by the court to rewrite the law of war and intrude into war policy." Yoo cited Johnson v. Eisentrager , in which the court decided that it would not hear habeas claims brought by alien enemy prisoners held outside the US and refused to interpret

2132-534: The Wayback Machine The term ' unlawful enemy combatant ' means — ... The term ' lawful enemy combatant ' means a person who is — The Act also defines an alien as "a person who is not a citizen of the United States", and a co-belligerent to mean "any State or armed force joining and directly engaged with the United States in hostilities or directly supporting hostilities against a common enemy." The Act changes pre-existing law to forbid explicitly

2214-405: The Act, Human Rights Watch has also concluded that the new law limits the scope of trials by military commissions to non-US citizens including all legal aliens. CBS legal commentator Andrew Cohen, commenting on this question, writes that the "suspension of the writ of habeas corpus —the ability of an imprisoned person to challenge their confinement in court—applies only to resident aliens within

2296-685: The Act. As such, the provisions of MCA suspending Habeas Corpus are no longer in effect. A number of legal scholars and Congressional members—including Senator Arlen Specter , who was a Republican and the Ranking Member of the Senate Judiciary Committee—previously criticized the habeas provision of the Act as violating a clause of the Constitution that says the right to challenge detention "shall not be suspended" except in cases of "rebellion or invasion". In

2378-554: The Archive would have to delete pages from its system upon request of the creator. The exclusion policies for the Wayback Machine may be found in the FAQ section of the site. Some cases have been brought against the Internet Archive specifically for its Wayback Machine archiving efforts. In late 2002, the Internet Archive removed various sites that were critical of Scientology from the Wayback Machine. An error message stated that this

2460-864: The Archive. For example, crawls are contributed by the Sloan Foundation and Alexa , crawls run by Internet Archive on behalf of NARA and the Internet Memory Foundation , mirrors of Common Crawl . The "Worldwide Web Crawls" have been running since 2010 and capture the global Web. In September 2020, the Internet Archive announced a partnership with Cloudflare – an American content delivery network service provider – to automatically index websites served via its "Always Online" services. Documents and resources are stored with time stamp URLs such as 20241124103401 . Pages' individual resources such as images and style sheets and scripts, as well as outgoing hyperlinks , are linked to with

2542-579: The Geneva Conventions to give rights in civilian court against the government. Formerly Lieutenant Colonel in the US Army Judge Advocate General's Corps and current professor at St. Mary's University School of Law , Jeffrey Addicott wrote "the new Military Commissions Act reflects a clear and much-needed Congressional commitment to the war on terror, which to this point has been largely conducted in legal terms by

Military Commissions Act - Misplaced Pages Continue

2624-467: The House debate, Representative David Wu of Oregon offered this scenario: Let us say that my wife, who is here in the gallery with us tonight, a sixth generation Oregonian, is walking by the friendly, local military base and is picked up as an unlawful enemy combatant. What is her recourse? She says, "I am a U.S. citizen". That is a jurisdictional fact under this statute, and she will not have recourse to

2706-557: The Internet in 2046, where knowledge is under siege ". The Wayback Machine's software has been developed to " crawl " the Web and download all publicly accessible information and data files on webpages, the Gopher hierarchy, the Netnews (Usenet) bulletin board system, and downloadable software. The information collected by these "crawlers" does not include all the information available on

2788-504: The Internet, since much of the data is restricted by the publisher or stored in databases that are not accessible. To overcome inconsistencies in partially cached websites, Archive-It.org was developed in 2005 by the Internet Archive as a means of allowing institutions and content creators to voluntarily harvest and preserve collections of digital content, and create digital archives. Crawls are contributed from various sources, some imported from third parties and others generated internally by

2870-407: The Northern District of California, San Jose Division, rejected Netbula's arguments and ordered them to disable the robots.txt blockage temporarily in order to allow Chordiant to retrieve the archived pages that they sought. In an October 2004 case, Telewizja Polska USA, Inc. v. Echostar Satellite , No. 02 C 3293, 65 Fed. R. Evid. Serv. 673 (N.D. Ill. October 15, 2004), a litigant attempted to use

2952-549: The Supreme Court held that Section 7 of the law was unconstitutional because of its restrictions of detainee rights under the Suspension Clause . It determined that detainees had the right to petition federal courts for challenges to the legal recourse of habeas corpus . The term " competent tribunal " is not defined in the Act itself. It is defined in the US Army Field Manual, section 27–10, for

3034-527: The United States as well as other foreign nationals captured here and abroad" and that "it does not restrict the rights and freedoms and liberties of U.S. citizens anymore than they already have been restricted." On the other hand, congressman David Wu (D–OR) stated in the debate over the bill on the floor of the House of Representatives that "by so restricting habeas corpus, this bill does not just apply to enemy aliens. It applies to all Americans because, while

3116-567: The United States for violations of the law of war and other offenses triable by military commission." While the most controversial provisions in the law refer to "alien unlawful enemy combatants", section 948a refers to "unlawful enemy combatants" (not explicitly excluding US citizens). Cato Institute legal scholar Robert A. Levy writes that the Act denies habeas rights only to aliens, and that US citizens detained as "unlawful combatants" would still have habeas rights with which to challenge their indefinite detention. While formally opposed to

3198-428: The United States government to detain such aliens indefinitely without prosecuting them in any manner. These provisions are as follows: (e)(1) No court, justice, or judge shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by the United States who has been determined by the United States to have been properly detained as an enemy combatant or

3280-544: The United States who has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination. Hence in the preceding example, if Wu's wife, a citizen, were picked up outside a military base, Wu could walk across the street and file a habeas corpus petition with the courts. Since the Supreme Court in 2008 ruled the restrictions on habeas corpus provisions invalid, in Boumediene v. Bush , non-citizens can also request

3362-422: The Wayback Machine a large variety of contents, including PDF and data compression file formats. The Wayback Machine creates a permanent local URL of the upload content, that is accessible in the web, even if not listed while searching in the https://archive.org official website. Starting in October 2019, users were limited to 15 archival requests and retrievals per minute. As technology has developed over

Military Commissions Act - Misplaced Pages Continue

3444-469: The Wayback Machine archives as a source of admissible evidence, perhaps for the first time. Telewizja Polska is the provider of TVP Polonia and EchoStar operates the Dish Network . Prior to the trial proceedings, EchoStar indicated that it intended to offer Wayback Machine snapshots as proof of the past content of Telewizja Polska's website. Telewizja Polska brought a motion in limine to suppress

3526-423: The Wayback Machine contained over 25 petabytes of data. As of December 2020, the Wayback Machine contained over 70 petabytes of data. The Wayback Machine service offers three public APIs, SavePageNow, Availability, and CDX. SavePageNow can be used to archive web pages. Availability API for checking the archive availability status for a web page, checking whether an archive for the web page exists or not. CDX API

3608-446: The Wayback Machine had saved more than 38.2 billion web pages by the end of 2009. As of November 2024, the Wayback Machine has archived more than 916 billion web pages and well over 100 petabytes of data. The Internet Archive began archiving cached web pages in 1996. One of the earliest known pages was archived on May 10, 1996, at 2:08   p.m. ( UTC ). Internet Archive founders Brewster Kahle and Bruce Gilliat launched

3690-618: The Wayback Machine has been unable to display YouTube comments when saving videos' watch pages, as, according to the Archive Team, comments are no longer "loaded within the page itself." The Wayback Machine's web crawler has difficulty extracting anything not coded in HTML or one of its variants, which can often result in broken hyperlinks and missing images. Due to this, the web crawler cannot archive "orphan pages" that are not linked to by other pages. The Wayback Machine's crawler only follows

3772-475: The Wayback Machine in San Francisco , California , in October 2001, primarily to address the problem of web content vanishing whenever it gets changed or when a website is shut down. The service enables users to see archived versions of web pages across time, which the archive calls a "three-dimensional index". Kahle and Gilliat created the machine hoping to archive the entire Internet and provide "universal access to all knowledge". The name "Wayback Machine"

3854-433: The Wayback Machine of persons who do not wish to have their Web content archived. We recognize that Ms. Shell has a valid and enforceable copyright in her Web site and we regret that the inclusion of her Web site in the Wayback Machine resulted in this litigation." Shell said, "I respect the historical value of Internet Archive's goal. I never intended to interfere with that goal nor cause it any harm." Between 2013 and 2016,

3936-587: The Wayback Machine to analyze how the development of websites from the mid-1990s to the present has affected the company's growth. When the Wayback Machine archives a page, it usually includes most of the hyperlinks, keeping those links active when they just as easily could have been broken by the Internet's instability. Researchers in India studied the effectiveness of the Wayback Machine's ability to save hyperlinks in online scholarly publications and found that it saved slightly more than half of them. "Journalists use

4018-456: The Wayback Machine to view dead websites, dated news reports, and changes to website contents. Its content has been used to hold politicians accountable and expose battlefield lies." In 2014, an archived social media page of Igor Girkin , a separatist rebel leader in Ukraine, showed him boasting about his troops having shot down a suspected Ukrainian military airplane before it became known that

4100-458: The Wayback Machine's storage capacity by 700 terabytes. In January 2013, the company announced a milestone of 240 billion URLs. In October 2013, the company introduced the "Save a Page" feature, which allows any Internet user to archive the contents of a URL, and quickly generates a permanent link unlike the preceding liveweb feature. In December 2014, the Wayback Machine contained 435 billion web pages—almost nine petabytes of data, and

4182-685: The bill by the Senate; all were defeated. Among them were an amendment by Robert Byrd which would have added a sunset provision after five years, an amendment by Ted Kennedy directing the Secretary of State to notify other countries that the U.S. considered waterboarding and other enhanced interrogation techniques to be grave breaches of the Geneva Convention (SA.5088 ), and an amendment by Arlen Specter ( R – PA ) and Patrick Leahy ( D – VT ) preserving habeas corpus. The Kennedy amendment

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4264-440: The collection." On April 17, 2017, reports surfaced of sites that had gone defunct and became parked domains that were using robots.txt to exclude themselves from search engines, resulting in them being inadvertently excluded from the Wayback Machine. Following this, the Internet Archive changed the policy to require an explicit exclusion request to remove sites from the Wayback Machine. Wayback's retroactive exclusion policy

4346-506: The courts review the legality of their arrest and imprisonment. According to Bill Goodman , past Legal Director of the Center for Constitutional Rights , and Joanne Mariner, from FindLaw , this bill redefines unlawful enemy combatant in such a broad way that it refers to any person who is engaged in hostilities or who has purposefully and materially supported hostilities against the United States. From Section 950q. Principals: Any person

4428-409: The courts? She can take it to Donald Rumsfeld , but she cannot take it across the street to an article 3 court. Following debate in the House and Senate, the final law revoked Habeas Corpus protections only for non-citizens: (e)(1) No court, justice, or judge shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by

4510-511: The detentions are already unlawful. The Act also suggests that unlawful enemy combatant refers to any person who, before, on, or after the date of the enactment of the Military Commissions Act of 2006, has been determined to be an unlawful enemy combatant by a Combatant Status Review Tribunal or another competent tribunal established under the authority of the President or the Secretary of Defense. Wayback Machine The Wayback Machine

4592-461: The executive branch with occasional interjections from the judiciary". George W. Bush , President of the United States : John McCain , United States Senator : The Supreme Court of the United States ruled in Boumediene v. Bush (2008) that the MCA constituted an unconstitutional encroachment of habeas corpus rights, and established jurisdiction for federal courts to hear petitions for habeas corpus from Guantanamo detainees tried under

4674-479: The federal courts. It determined that detainees could have access to federal courts to hear habeas corpus petitions, to restore the protection of the Constitution. The Military Commissions Act of 2009 amended some of the provisions of the 2006 Act to improve protections for defendants. The American Civil Liberties Union summarized the positive aspects as "restricting coerced and hearsay evidence and providing greater defense counsel resources." Overall, it argued that

4756-525: The initial lawsuit was filed, the Archive should have removed all previous copies of the plaintiff website from the Wayback Machine, however, some material continued to be publicly visible on Wayback. The lawsuit was settled out of court after Wayback fixed the problem. Activist Suzanne Shell filed suit in December 2005, demanding Internet Archive pay her US$ 100,000 for archiving her website profane-justice.org between 1999 and 2004. Internet Archive filed

4838-497: The invocation of the Geneva Conventions when executing the writ of habeas corpus or in other civil actions [Act sec. 5(a)]. This provision applies to all cases pending at the time the Act is enacted, as well as to all such future cases. If the government chooses to bring a prosecution against the detainee, a military commission is convened for this purpose. The following rules are some of those established for trying alien unlawful enemy combatants. (b) NOTICE TO ACCUSED—Upon

4920-404: The law as amended still fell "short of providing the due process required by the Constitution." There is a controversy over whether this law affects the rights of habeas corpus for United States citizens. The text of the law states that its "purpose" is to "establish procedures governing the use of military commissions to try alien unlawful enemy combatants engaged in hostilities against

5002-413: The law does not conflict with the Constitution. National Review columnist Andrew McCarthy argued that since the law applies to "aliens with no immigration status who are captured and held outside the territorial jurisdiction of the United States, and whose only connection to our country is to wage a barbaric war against it" they do not have a constitutional right to habeas corpus. McCarthy also wrote that

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5084-461: The link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Military_Commissions_Act&oldid=932997108 " Category : Disambiguation pages Hidden categories: Short description is different from Wikidata All article disambiguation pages All disambiguation pages Military Commissions Act of 2006 The Military Commissions Act of 2006 , also known as HR-6166,

5166-430: The motion on the ground that defendants were asking to alter Netbula's website and that they should have subpoenaed Internet Archive for the pages directly. An employee of Internet Archive filed a sworn statement supporting Chordiant's motion, however, stating that it could not produce the web pages by any other means "without considerable burden, expense and disruption to its operations." Magistrate Judge Howard Lloyd in

5248-543: The plaintiff were invalid, based on the content of their website from several years prior. The plaintiff, Healthcare Advocates, then amended their complaint to include the Internet Archive, accusing the organization of copyright infringement as well as violations of the DMCA and the Computer Fraud and Abuse Act . Healthcare Advocates claimed that, since they had installed a robots.txt file on their website, even if after

5330-523: The plane actually was a civilian Malaysian Airlines jet ( Malaysia Airlines Flight 17 ), after which he deleted the post and blamed Ukraine's military for downing the plane. In 2017, the March for Science originated from a discussion on Reddit that indicated someone had visited Archive.org and discovered that all references to climate change had been deleted from the White House website. In response,

5412-421: The provision on page 93 has the word "alien in it, the provision on page 61 does not have the word alien in it." For more on this interpretation, see criticism . The bill, S. 3930 , passed the Senate, 65–34, on September 28, 2006. The bill passed in the House, 250–170–12, on September 29, 2006. Bush signed the bill into law on October 17, 2006. Several amendments were proposed before final passage of

5494-516: The purpose of determining whether a person is or is not entitled to prisoner of war status, and consists of a board of not less than three officers. It is also a term used in Article five of the third Geneva Convention . However, the rights guaranteed by the third Geneva Convention to lawful combatants are expressly denied to unlawful military combatants for the purposes of this Act by Section 948b (see above). "Any alien unlawful enemy combatant

5576-410: The site if it cannot reach the original host. In 2014, there was a six-month lag time between when a website was crawled and when it became available for viewing in the Wayback Machine. As of 2024, the lag time is 3 to 10 hours. The Wayback Machine offers only limited search facilities. Its "Site Search" feature allows users to find a site based on words describing the site, rather than words found on

5658-411: The snapshots on the grounds of hearsay and unauthenticated source, but Magistrate Judge Arlander Keys rejected Telewizja Polska's assertion of hearsay and denied TVP's motion in limine to exclude the evidence at trial. At the trial, however, District Court Judge Ronald Guzman, the trial judge, overruled Magistrate Keys' findings, and held that neither the affidavit of the Internet Archive employee nor

5740-457: The swearing of the charges and specifications in accordance with subsection (a), the accused shall be informed of the charges against him as soon as practicable. The Act also contains provisions (often referred to as the "habeas provisions") removing access to the courts for any alien detained by the United States government who is determined to be an enemy combatant, or who is 'awaiting determination' regarding enemy combatant status. This allows

5822-545: The time stamp of the currently viewed page, so they are redirected automatically to their individual captures that are the closest in time. The frequency of snapshot captures varies per website. Websites in the "Worldwide Web Crawls" are included in a "crawl list", with the site archived once per crawl. A crawl can take months or even years to complete, depending on size. For example, "Wide Crawl Number 13" started on January 9, 2015, and completed on July 11, 2016. However, there may be multiple crawls ongoing at any one time, and

5904-415: The underlying links are not exposed and therefore, can contain errors. For example, archives such as the Wayback Machine do not fill out forms and therefore, do not include the contents of non- RESTful e-commerce databases in their archives. In Europe, the Wayback Machine could be interpreted as violating copyright laws. Only the content creator can decide where their content is published or duplicated so

5986-565: The underlying pages (i.e., the Telewizja Polska website) were admissible as evidence. Judge Guzman reasoned that the employee's affidavit contained both hearsay and inconclusive supporting statements, and the purported web page, printouts were not self-authenticating. The United States Patent and Trademark Office and the European Patent Office will accept date stamps from the Internet Archive as evidence of when

6068-492: The web pages themselves. The Wayback Machine does not include every web page ever made due to the limitations of its web crawler. The Wayback Machine cannot completely archive web pages that contain interactive features such as Flash platforms and forms written in JavaScript and progressive web applications , because those functions require interaction with the host website. This means that, since approximately July 9, 2013,

6150-572: The years, the storage capacity of the Wayback Machine has grown. In 2003, after only two years of public access, the Wayback Machine was growing at a rate of 12 terabytes per month. The data is stored on PetaBox rack systems custom designed by Internet Archive staff. The first 100TB rack became fully operational in June 2004, although it soon became clear that they would need much more storage than that. The Internet Archive migrated its customized storage architecture to Sun Open Storage in 2009, and hosts

6232-573: Was an Act of Congress signed by President George W. Bush on October 17, 2006. The Act's stated purpose was "to authorize trial by military commission for violations of the law of war , and for other purposes". It was drafted following the decision on Hamdan v. Rumsfeld (2006) from the Supreme Court of the United States , which ruled that the Combatant Status Review Tribunals (CSRT), as established by

6314-562: Was defeated on separation of powers grounds although the Republican manager of the bill and chairman of the Armed Services Committee, Senator Warner (R-VA), noted that he agreed with Sen. Kennedy that the techniques were grave breaches of the Geneva Conventions and "clearly prohibited by the bill." Specter's amendment was rejected by a vote of 51–48. Specter voted for the bill despite the defeat of his amendment. The bill

6396-501: Was finally passed by the House on September 29, 2006 and presented to the President for signing on October 10, 2006. Supporters of the act say that the Constitutional provision guaranteeing habeas corpus does not apply to alien enemy combatants engaged in hostilities against the United States, and that the provisions of the Act removing habeas corpus do not apply to United States citizens ; they conclude that therefore

6478-470: Was growing at about 20 terabytes a week. In July 2016, the Wayback Machine reportedly contained around 15 petabytes of data. In October 2016, it was announced that the way web pages are counted would be changed, resulting in the decrease of the archived pages counts shown. Embedded objects such as pictures, videos, style sheets, JavaScripts are no longer counted as a "web page", whereas HTML, PDF, and plain text documents remain counted. In September 2018,

6560-451: Was in response to a "request by the site owner". Later, it was clarified that lawyers from the Church of Scientology had demanded the removal and that the site owners did not want their material removed. In 2003, Harding Earley Follmer & Frailey defended a client from a trademark dispute using the Archive's Wayback Machine. The attorneys were able to demonstrate that the claims made by

6642-596: Was kept on digital tape, with Kahle occasionally allowing researchers and scientists to tap into the "clunky" database . When the archive reached its fifth anniversary in 2001, it was unveiled and opened to the public in a ceremony at the University of California, Berkeley . By the time the Wayback Machine launched, it already contained over 10 billion archived pages. The data is stored on the Internet Archive's large cluster of Linux nodes. It revisits and archives new versions of websites on occasion (see technical details below). Sites can also be captured manually by entering

6724-516: Was said on the Wayback Machine forum that "the Beta of the new Wayback Machine has a more complete and up-to-date index of all crawled materials into 2010, and will continue to be updated regularly. The index driving the classic Wayback Machine only has a little bit of material past 2008, and no further index updates are planned, as it will be phased out this year." Also in 2011, the Internet Archive installed their sixth pair of PetaBox racks which increased

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