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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."
Why else would the TSA be carrying out all those testicular cancer screenings at airports?
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.
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 are making their jobs difficult by insisting that they don't harm the innocent while trying to gather evidence against the guilty?
I'd say we are keeping them accountable.
Have you listened to that stuff? You should be grateful.
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 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
That's rather funny in terms of how it is written. It just isn't true the different agencies do have different personalities. There are huge differences between them. CDC is snobby and elitist but very accurate and open. FBI is technologically incompetent but hires great people. NSA has wicked cool toys but no sense or morality. Bureau of Labor Statistics aims for quality and predictability but is rather scared of congress. CIA is beset with internal infighting.
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.
The US government is a very large organization. It does a lot of different things. Some things it does well, other things it does badly. Some of the people who work for it do their jobs well, others do their jobs badly. Some types of people take some kinds of jobs, others take other types of jobs. There is no one "the government" doing everything the same way. Welcome to the real world.
The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
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
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
The law allowing gun carry in national parks.
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