DHS Seized Domains Based On Bad Evidence
An anonymous reader writes "Back over Thanksgiving, the Department of Homeland Security's Immigration and Customs Enforcement unit (ICE) made a lot of news by seizing over 80 domain names. While many of these involved sites that sold counterfeit products, five of the domains involved copyright issues. Four of them involved hiphop-related blogs — including ones that hiphop stars like Kanye West and others used to promote their own works, and the last one was a meta search engine that simply aggregated other search engines. Weeks went by without the owners of those sites even being told why their domains were seized, but the affidavit for the seizure of those five sites has recently come out, and it's full of all sorts of problems. Not only was it put together by a recent college graduate, who claimed that merely linking to news and blog posts about file sharing constituted evidence of copyright infringement, it listed as evidence of infringement songs that labels specifically sent these blogs to promote. Also, what becomes clear is that the MPAA was instrumental in 'guiding' ICE's rookie agent in going after these sites, as that appeared to be the only outside expertise relied on in determining if these sites should be seized."
Can't wait until the same heros are in charge of my healthcare. Oh wait, they already are...
"Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
Their job is to protect us. Let's not make it anymore difficult.
Promotion!
Someone have hired him and someone authorized the seizure.
Cops lie. News AT 11. Cry me a river.
I want to know the identity of this rookie college moron.
I also want to know which college trained him, so I can make sure to tell everybody to avoid that garbage establishment.
Next, since this was based upon false evidence, I want to see him, and those responsible for handling him, sued into oblivion.
This shit is getting to a breaking point.
Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
The agent also said the Motion Picture Association of America and the Recording Industry Association of America, the trade groups for the major film studios and record labels, had confirmed that the music and movies on the sites had not been released with the authorization of their copyright holders.
Yeah, after some poking around I found PROTECTING U.S. INTELLECTUAL PROPERTY OVERSEAS: THE JOINT STRATEGIC PLAN AND BEYOND presented to a House of Representatives committee. In it they talk about the sting and the lengthy history of their actions:
We worked with many different agencies - including CBP, DOJ’s Computer Crime and Intellectual Property Section (CCIPS) and the Government of Mexico’s Treasury and Customs – and industry, including the Recording Industry Association of American (RIAA), to target importers and distributors of counterfeit goods. This operation was specifically timed to coincide with U.S. and Mexican consumers’ increased purchasing during the winter holiday season.
Then later:
Representatives from the Motion Picture Association of America (MPAA) and RIAA assisted participating customs authorities with focused training, targeting and analyses of certain interdicted parcels. This operation was specifically timed by the IPR Center to coincide with the movie industry’s summer releases, when the biggest blockbusters are illegally recorded, reproduced on DVDs, shipped around the world and sold on street corners and in other markets.
There's plenty of interesting tidbits in this lengthy document about how everybody's getting involved -- even China:
ICE previously worked with China in September 2003 when ICE initiated Operation Spring, a joint IPR investigation by ICE agents and Chinese authorities that resulted in the extradition and conviction of DVD pirate Randolph Guthrie, who was sentenced to 48 months incarceration and ordered to repay $878,793 in restitution to the MPAA.
And the American sports associations:
Earlier this year, the IPR Center partnered with the NFL, NBA, NHL, NCAA, industry and local law enforcement to conduct operations targeting counterfeit sports merchandise sold during the Super Bowl, NBA All-Star Game, Stanley Cup championship, and NCAA Final Four and Frozen Four tournaments. These operations resulted in seizures of over 14,000 counterfeit items valued at more than $760,000.
Personally I hope DHS and ICE get their asses handed to them over the music blogs. Turn that into freedom of speech and take those bastards to the cleaners. They aren't going to learn their lesson if this is just a court case that exonerates the defendant and I hope the defendants have enough cash to to fight back, or seek help from the EFF.
The frequency of these MPAA/RIAA related stings is really ramping up. I hope ICE and IPR aren't turning out to be directional attack dogs for corporations. The numbers on these things seem a tad bit inflated but haven't they always been?
My work here is dung.
Can I prevail on someone with a legal background to tell us whether you can sue the FBI for damages when they hurt your business due to negligence in their investigation (as in going off half-cocked)?
Not only was it put together by a recent college graduate, who claimed that merely linking to news and blog posts about file sharing constituted evidence of copyright infringement,
Where can I get a job like that?
Sorry. I mistyped. DHS, not FBI.
Is that really the best excuse they could come up with?
vos nescitis quicquam, nec cogitatis quia expedit nobis ut unus moriatur homo pro populo et non tota gens pereat.
What are you blind? It's all over the affidavit document. Andrew T. Reynolds swears that it's all true. First line of the document.
My work here is dung.
It appears they forgot the whole 'checks and balances' thing when enacting a powerful censorship law. I'm not even sure what the 'Department of Homeland Security's Immigration and Customs Enforcement' has to do with copyright enforcement.
But hey, already found a scapegoat, a 'fresh college graduate' who'll be labeled as over-zealous while those actually in charge zip by.
We're currently at war with drugs, terror, pedos, downloaders & freedom and as most people know, wars are considered an act of god so tough luck.
Must Pilfer All Assets! They are showing themselves to be a criminal organisation. Pointing some dumbass newb to fly off the handle in the wrong direction and getting away with it (for weeks) and knowing beforehand that what they were doing is illegal (and plain dumb, and plain wrong), means that they counselled a felony, and they did it against 80 different web sites and hundreds of people were adversely affected, and tens of thousands were moderately affected (perhaps more). These fishing trips have to come to a halt. They also need someone at the DA's office who passed legal stuff 101 (not like the Johnny-who-fell-off-the-turnip-truck they have now). Perhaps after this, Johnny will be a bit brighter (perhaps not), but since there are fresh wet-behind-the-ears DA's coming along all the time, the DMCA can coach them into making dumbasses out of themselves all the time, and we are left with the M.ust P.ilfer A.ll A.ssets going around and falsely accusing people (basically shaking them down) all the time, back it up with lawyers who flunked basic legal stuff 101, and no nice way to stop it.
ICE's job includes enforcing laws regarding the immigration and hiring of aliens.
Lets see, Nicky Diaz, former housekeeper to Meg Whitman, admits on national television that she forged documents and is in this country illegally.
Many employers hire illegal aliens.
Millions of illegal aliens in the country.
States, have enacted their own laws because ICE is not doing its job.
But.....ICE can shut down sites that it thinks might be violating copyright law.
Yes, ICE can't do their job, but they can be given more responsibility.
Fight Spammers!
I thought DHS (that means KGB in Russian) was suppose to protect us from terroristic threats. Sorry, not seeing how seizing domain names is thrawting Achmed.
anti-virus malware sites infecting people with malware and trying to scam them, but no one cares about those, since the RIAA doesn't care about those.
Can we assume that the next federal judge ruling on domain seizure requests will be a little more skeptical??
They told me if I voted for President McCain that we'd see these kind of abuses from Homeland Security. And they were right!
More:
http://pajamasmedia.com/instapundit/111785/
http://www.google.com/search?q=instapundit+they+told+me
I really hope the Republicans make a civil rights issue out of this. Using Homeland security for copyright enforcement? Forget about the fact that they were incompetent, even if they had gotten this right it was way way out of line.
They'll move him out of DNS management and over into drafting Network Neutrality regulation. What can go wrong?
"There is more worth loving than we have strength to love." - Brian Jay Stanley
What I want to know is why are the people behind these sorts of things so freaking stupid?
Ever since the MAFIAA started taking actions against pirates the stories of innocents being scooped up in the process have been rampant. Is the MAFIAA so ensconced in power that they really just don't give a shit? Do they believe that such errors pose no threat to their own legitimacy? Or perhaps anyone knowledgeable enough to discern the difference between the clear-cut pirates and the bystanders just isn't sympathetic enough to the MAFIAA to work with them? Or maybe there are people within the ranks of the MAFIAA that disagree with the entire operation and deliberately set things up give their overlords a black eye?
I dunno what it is, but you'd think that after 10+ years of this kinda of shit they would have figured out how to do it right.
When information is power, privacy is freedom.
I for one welcome our stupid shit leaders with their heads in their asses. We're all fucked man, I'm trying of fighting this fight. Just give me my padded room please with my boob tube and genitalia stimulation device. I'm done. Stick a fork in me.
Tiger Blooded Bi-Winning Machine
Seriously, it's right there on the affidavit. On top of that you can let the court know in a (circa 1993) web form what you think or contact Nagle's Deputy Courtroom Clerk yourself. Case number 10-2822M for your reference since the affidavit seems to be unable to be viewed by some.
You're an American citizen and you have the right to know who these people are that are making these decisions whether it be a judge or special agent. And they shouldn't have any fear of putting their name on these documents if they think it's right. I agree with you though that maybe it's not within their capacity to serve this position should they get something so painfully wrong.
I want countersuits and I want liabilities awarded to the defendants that rival the bullshit astronomical numbers that the court sends out to NASA for computation when the MPAA/RIAA wins. I hate that if the MPAA/RIAA wins it's eighty billion dollars but if the individual is exonerated it's a benjamin tops for having their webserver down. That is bullshit.
My work here is dung.
No one knows if Achmed is working for us or not. Something about outsourcing intelligence... They figure if they cut the rap-blog lifeline anyone "rollin' wit' us" will go into noticeable withdrawals and we can actually figure out who is who.
Back up in your ass with the Resurrection, homie.
also blame the higher ups who oversaw this but it seems in mass cases a few also go down useing very weak evidence now what with that rookie listed www.google.com
Wait, so you mean that when a punishment was issued without a legal trial, purely at some arbitary person's arbitary decision, things went wrong?!
We should clearly design some system where one has to be tried before one can be punished.
-- Lattyware (www.lattyware.co.uk)
This is what happens when allegedly infringing websites are shut down without so much as a trial, and precisely the reason why laws like COICA are so dangerous. In court you at least have the chance to prove that your actions are not infringing, but in this case the owners of the shut down domains aren't given the chance to establish their innocence in court. If DHS says you're guilty, you're guilty.
Imagine if the same standard were applied to other alleged offenses. Posted something allegedly obscene? Down goes your website, no trial necessary. Posted innocent pictures of your kids that others think are indecent? Down goes your website, no trial necessary. Said some nasty things about minorities? Down goes your website, no trial necessary -- and so on, ad nauseam.
"In prison you just have to shut your eyes and take it. Here you have to shut your eyes and give it."
Yep. Sure can't wait for "net neutrality." The government is totally neutral in all things. Government regulation of the internet sounds like a fabulous idea. What could possibly go wrong?
Ok yes I know Immigrations and Customs enforcement. This is a job for the FBI and/or state police etc. From the ICE website "Immigration and Customs Enforcement is the principal investigative arm of the U.S. Department of Homeland Security (DHS)". How the hell did this get to be a national security issue? Yes I understand they are the second largest investigative organization in the US government but before 9/11 they were primarily concerned with illegal immigrants. They don't need to be involved in the investigation (spying) of US citizens and their suspected criminal activities. That's the FBI's job.
"We are just a war away from Amerikastan. When god vs god the undoing of man." Dave Mustaine
Reminds me of the movie "In The Loop" http://www.youtube.com/watch?v=dQrqMkCuHqA
with a very young 23 yo. baby-faced aide.
Strange how with all the cash, computer experts, total network dominance ect. the US gov still needed to fall back on the MPAA for help?
Then the rubber stamp comment, "most of the reasoning behind seizing the blogs is left out" - welcome to a digital East Germany.
Domestic spying is now "Benign Information Gathering"
No, you can't sue the DHS, or the government in general, because of a most pernicious doctrine called "sovereign immunity." Since the government created the courts and endows them with legitimacy, you can't use its own courts against it, except in very limited circumstances. (It's like dividing by zero, sort of.)
However, if an agent of the government uses his/her position to commit a crime, you can sue the agent him/herself, but not their employer. (Of course, that's no guarantee that the suit won't get tossed, only that you can, in fact, proceed with it.) Also, if they use the apparatus of the government for purposes of racial discrimination, they can also be sued. But generally, no, you can't sue.
WIkipedia explains it in more detail: linky
Well this is exactly why the founding fathers tried to create due process and an independent judiciary, for dealing with domestic private properties and private persons. These actions clearly should have gone through the courts or at the very least an established agency review process were the owners could present evidence and testify if desired on their own behalf.
When executive fiat is used to act on individuals and private property there are always going to be these kinds of abuses.
Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
My wife successfully sued a part of the DHS for failing to process her background check within the time period required by law. There was no discrimination or anything else like that, just a paperwork backlog. I agree that in the present circumstance a lawsuit would be unlikely to be successful, but I think "You can't sue the DHS....except in very limited circumstances" might be misleading as a generalization.
Customs' duty is still to inspect and/block illegal/controlled items arriving into the USA through its borders.
How is a domain name or files located on a server pointed to a domain name crossing the border?
Fight Spammers!
Sadly, this probably would have happened and will happen under a repub admin.
Can my karma get any worse than bad? Let's find out!
Interesting, I would have thought the ONE country that would allow the people to sue the government would be the US. You know land of the free and all that... Suing the government happens here in Australia and the UK all the time. In fact there is a great movie about it, The Castle.
However, if an agent of the government uses his/her position to commit a crime, you can sue the agent him/herself, but not their employer.
Even then, there are broad exclusions that protect certain federal employee classifications from lawsuits provided the harm was not caused by the employee's gross negligence. For instance, air traffic controllers (FAA employees) cannot be sued for their actions (for instance, here's an article about an air traffic controller that confused two aircraft and ended up killing 34 people...no gross negligence, no lawsuit). Many other government positions fall under similar exemptions.
Isn't the real root problem here ICANN?
Attorneys, police, and judges are always going to try and do questionable things. The international root of the internet should not be so beholden to the US government, Move it to Switzerland, and put in place clear rules about what does and what does not constitute valid cause for removing a domain.
Or follow Peter Sunde's suggestion, and move it all to p2p.
I feel a lawsuit coming on ...... but of course who ever wins against the MAN ???
FragHARD or don't frag at all
NOT a surprise.
Air traffic control is real-time. Different story from premeditated errors.
MPAA was instrumental in 'guiding' ICE's rookie agent in going after these sites, as that appeared to be the only outside expertise relied on in determining if these sites should be seized
A private police force with public funding...quite a racket they've got going there.
just like them (a died in the wool, brain-dead Republican,) but the TSA was created by Bush so they'll give it a pass. (After all, private jets or charters from small private airports aren't subject to searches.)
MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
The Department of Homeland Security should be shutdown and and its Archetypes Janet Planet and her lapdog Pistole should be euthanized.
Fitting end to humans who should have never been born.
-308
And in another article people will be fully confident on the US doing what's good for the internet. The fact that thery can SIZE domain that easily is already a reason to not trust them at all.
Cloddish, lead footed, in over her head and just plain stoopid.
Mod Me Up. You'll make a grown man cry.
So how is it that a commercial group like the MPAA/RIAA can buy the Dept of Homeland Security and turn them into its bitch?
No, you can't sue the DHS, or the government in general,
OTOH, the guy the FBI falsely accused of being the Atlanta bomber walked away with a decent chunk of change for his suit against the FBI, IIRC.
>>>you can't use its own courts against it
Nonsense. Lots of people sue the United States government, which is why you'll see Bob Smith v. United States or Massachusetts v. United States in the Supreme Court's rolls. Sometimes states even sue each other, such as Delaware v. New Jersey.
"I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
The agent lists the basis for the forfeiture on page 66 of the affidavit. U.S. Code Title 18, Section 2323 allows the U.S. government to seize "Any property used, or intended to be used, in any manner or part to commit or facilitate the commission of [the following offenses]:" 506 of title 17, or section 2318, 2319, 2319A, 2319B, or 2320, or chapter 90 section 2318, 2319, 2319A, 2319B, or 2320.
I found the affidavit to be pretty sound, and the evidence was fairly damming. I don't think this will ultimately stop the pirates, however, as a close study of the affidavit will give you all the ideas you need to run a pirate site that obeys the letter of the law, but not the spirit.
"We receive as friendly that which agrees with, we resist with dislike that which opposes us" - Faraday
A private police force with public funding...quite a racket they've got going there.
Staffed by students, so they're keeping operating costs at a minimum, too.
With (as per link) all kinds of exceptions -- Tort Claims Act, Tucker Act, discrimination, suit by U.S. vs. state, suit by state vs. another state, "stripping doctrine", abrogation doctrine, certain contracts with government, etc.
Example news from today -- "Judge orders feds to pay $2.5M in wiretapping case": http://news.yahoo.com/s/ap/us_warrantless_wiretapping
We know where leadership by an anti-intellectual "strongman" who scapegoats minorities and likes boisterous rallies goes