The site represents the group Hamas, which is a terrorist organization, according to federal officials and official U.S. classification.

Department of Justice spokesperson Jill Stillman told NewsFactor that groups are reviewed by the Secretary of State every two years for classification as terrorist organizations. The next review is scheduled for 2003.

She said the legality of a hosting agreement and a Web site hinges on whether the site is involved in soliciting funds, which this particular one is not.

However, Stillman said, the U.S. government is aware of this site and others like it. She predicted increased discussion and debate about how responsible U.S. Web hosting companies and other firms should be for what appears on the Internet.

"We won't comment on a particular site, but basically it's illegal when there's a solicitation of funds on behalf of a terrorist organization," Stillman said. "It's something obviously the government is aware of, and down the road, I wouldn't be surprised if there's more debate on it."

Not Illegal To Host

While a NewsFactor investigation found that Connecticut-based OLM was providing co-location and virtual hosting services for the Hamas site in datacenters located in Connecticut and Chicago, FBI special agent Ross Rice told NewsFactor that as long as the site is not providing financial support for a group termed terrorists by the United States, there is nothing illegal about it.

"With Hamas and other Middle Eastern groups, the question is whether they are raising money for terrorism," Rice said. "It's not illegal to host a Web site. It's not illegal to have a Web site."

OLM and FastDns Network, which is listed as the host of the now-unavailable Hamas site, are the same company, according to an OLM representative who spoke to NewsFactor on condition of anonymity.

Message Is Free Speech

To knowingly or intentionally host or publish a Web site that includes illegal content, such as copyrighted material or child pornography, would be a crime, according to the Justice Department's Stillman.

However, the political ideology of the Hamas site, which refers to recent suicide attacks in Israel as the "martyr brigade," is not illegal. (continued...)

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