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Senator Wyden Asks DHS To Explain Domain Seizures

An anonymous reader writes "With Homeland Security continuing to seize domain names without warning and without giving site operators a chance to respond to charges, it appears that at least some people in the US government are quite concerned about this turn of events. Techdirt has a copy of the full letter Senator Wyden has sent to both Attorney General Eric Holder and ICE director John Morton, asking a series of pointed questions concerning the domain seizures and how they impact due process, free speech and sovereign rule in foreign countries."

31 of 243 comments (clear)

  1. Epilepsy by Anonymous Coward · · Score: 3, Funny

    Obviously the domains were causing the seizures, that's why they had to be closed!

  2. About time... by mace9984 · · Score: 5, Insightful

    He has my vote..

    1. Re:About time... by sumdumass · · Score: 4, Interesting

      And he just got reelected so you know his stand on this isn't posturing for next years election.

      He seems genuine and worthy.. even though I typically do not like democrats. I guess he is one of the few good ones left.

  3. Gentlemen, It's Time We Put Wyden on ICE by eldavojohn · · Score: 5, Insightful
    Allow me to answer the questions from the honorable Senator for the DHS which was established to protect me from the terrorists:

    concerning the domain seizures and how they impact due process

    Basically ICE assumes that since we are now dealing with the 'cyber' prefix, none of the old laws apply that don't specifically call out domain names. So your due process is largely non-existent and we just sorta make it up as we go along. I mean, a lot of the stuff gets reversed. You're actually guilty until proven innocent in our books! If you don't agree with that, it logically follows that you're a terrorist. That's your first warning.

    free speech

    Ah, yes, 'free speech.' Well, basically our domain seizing takes free speech, bends it over an arcade machine and violently rapes it in front of everyone. It's sort of funny because you'd think you wouldn't be able to rape anyone in public but, well, so far everyone's just been standing around and watching us so ... And I mean we're DHS so what're they gonna do anyway, right? Side note, this is your second warning for asking terrorist questions, Senator.

    sovereign rule in foreign countries

    Foreign countries? No no no, there are two countries in the world: United States and everybody else. Everybody else gets rules only after our rules are established. And that's strike three, mister.

    That's an awful nice schedule you got there, Senator, be a shame if someone were to put you on the No Fly list! wyden.senate.gov will now redirect to DHS and ICE seals until the good Senator can prove he did not import unlicensed pandas in 1978. Terrorists like Wyden make me sick.

    --
    My work here is dung.
    1. Re:Gentlemen, It's Time We Put Wyden on ICE by MoonBuggy · · Score: 5, Insightful

      That's an awful nice schedule you got there, Senator, be a shame if someone were to put you on the No Fly list!

      Particularly worrying is the fact that recent developments suggest that they could very easily do exactly that - oversight seems to be pretty much non-existent. Unfortunately, the news media seem less than concerned about this one - I'm not suggesting any government conspiracy, it's just surprising given their common cries of "the sky is falling" to boost sales.

  4. The three questions I found most interesting by Zerth · · Score: 3, Interesting

    Does the Administration consider whether a domain name operated overseas is in compliance with the domestic law from which the domain name is operated?

    What standard does DoJ expect foreign countries to use when determining whether to seize a domain name controlled in the U.S. for copyright infringement?

    Does the Administration believe that websites that facilitate discussion about where to find infringing content on the Internet represents speech or the distribution of infringed content? What if the discussion on these websites includes hyperlinks to websites that offer downloadable, infringing content?

    I'd find it hilarious if other countries protested by grabbing a few domains that violated laws Americans think are kooky, e.g. Germany confiscating domains that sold Nazi memorabilia.

    1. Re:The three questions I found most interesting by OzPeter · · Score: 4, Insightful

      I'd find it hilarious if other countries protested by grabbing a few domains that violated laws Americans think are kooky, e.g. Germany confiscating domains that sold Nazi memorabilia.

      Its kind of like when Brazil started finger printing all US citizens who arrived in their country. Which upset said citizens until it was pointed out the the US was doing that to all foreign nationals arriving in the US. At least some people in the world still have balls.

      --
      I am Slashdot. Are you Slashdot as well?
    2. Re:The three questions I found most interesting by pixelpusher220 · · Score: 4, Informative

      *whooosh*

      If these domain owners had been 'sued' that would reasonable. Having your say, court of law and all that.

      The domains were simply 'taken' by the US without any due process associated with being 'sued'.

      --
      People in cars cause accidents....accidents in cars cause people :-D
  5. Re:When you're downloading MP3s... by chispito · · Score: 5, Insightful

    ... the terrorists have already won? That seems the logic behind the DHS seizing domains at the RIAA's request.

    I'm pretty sure even if there were never 9-11 hijackers or a DHS, the RIAA and MPAA would have found some other government agency to overstep its bounds and pull this kind of crap. Hooray for the good senator in trying to shed light on it.

    --
    The Daddy casts sleep on the Baby. The Baby resists!
  6. Re:When you're downloading MP3s... by dkleinsc · · Score: 5, Funny

    Weird Al described exactly how dangerous illegal downloading was:

    Once in a while maybe you will feel the urge
    To break international copyright law
    By downloading MP3s from file-sharing sites
    Like Morpheus or Grokster or Limewire or KaZaA

    But deep in your heart you know the guilt would drive you mad
    And the shame would leave a permanent scar
    'Cause you start out stealing songs and then you're robbing liquor stores
    And sellin' crack and runnin' over school kids with your car

    So really all this stuff is protecting the children and stopping drug crimes. Now, who could possibly be against that? Won't somebody please think of the children!

    --
    I am officially gone from /. Long live http://www.soylentnews.com/
  7. Probably futile response but... by hsmyers · · Score: 5, Interesting

    I wrote Senator Wyden even though he is not mine--- I live in orange county north, i.e. Idaho. Here is what I said:

    I believe that your recent letter to John Morton and Eric Holder represents a "still small voice" of resistance in a dangerous slide to corporatism. When former President Eisenhower warned against the military-industrial complex no one listened--- and perhaps rightfully so since the attack on our rights comes not from Northrup and Boeing, but from Hollywood and Walt Disney. It is still an attack designed to eliminate precious rights that all citizens need preserved even if they don't clearly under stand them. I salute your efforts and would like to know how I might help in your efforts.

    I don't particularly expect a response and have no idea of what I could do, other than to voice my support. Still as the events of the last month or so have shown, great change comes from critical mass and critical mass is acquired incrementally...

    1. Re:Probably futile response but... by guyminuslife · · Score: 4, Informative

      Well, you could write him a check for his re-election campaign. I would but I'm broke.

      --
      I don't believe in time. It's a grand conspiracy designed to sell watches.
  8. Re:Whoring bitch by I3OI3 · · Score: 3, Funny

    And that, children, is why you shouldn't keep your Slashdot password on a stickie by your keyboard.

  9. Murder is bad by Cajun+Hell · · Score: 4, Insightful

    Murder is bad. I mean, really bad and it has all sorts of negative consequences to our society, and government needs to something about it.

    Therefore, suspected murderers shouldn't have due process.

    Looks like airtight logic to me! Anyone see a problem with it?

    --
    "Believe me!" -- Donald Trump
  10. Re:When you're downloading MP3s... by The+Moof · · Score: 5, Informative
    The best part is from TFA. From Wyden's Letter:

    In an affidavit written by Special Agent Andrew Reynolds, he uses his ability to download four specific songs on the domain name dajaz1.com as justification for seizure of this domain name. According to press accounts, the songs in question were legally provided to the operator of the domain name for the purpose of distribution.

    So it doesn't even matter if the distribution is legal or not anymore.

  11. This and the story about Anniston Ala by al0ha · · Score: 3

    show just how many people there are in the US who either don't give a flying F about the principal of Free Speech or don't understand the Constitution.

    Luckily for us they are the minority, as the Tea Bagger movement has so effectively demonstrated. Even so, constant vigilance people!

    --
    Did you ever wake up in the morning, with a Zombie Woof behind your eyes? -- FZ
    1. Re:This and the story about Anniston Ala by MickyTheIdiot · · Score: 3, Insightful

      Oh no... clearly the majority of people in the US are contented idiots or just more concerned about themselves and their lawns. Most people I know wouldn't care if half their city blew up as long as there was still food at the grocery store. It's why basically the powerful can do what they want... there isn't a knowledgeable base or voters to stand up and fight and make sure someone who really wants to lead the country and not use office as a chance to line their pockets with corporate cash. (And even if these imbeciles in Congress aren't getting paid right now, they will get a paid off down the road with a cushy job or the like. They are ALL getting paid by corporate cash now or later.)

  12. Re:When you're downloading MP3s... by nitehawk214 · · Score: 5, Insightful

    The best part is from TFA. From Wyden's Letter:

    In an affidavit written by Special Agent Andrew Reynolds, he uses his ability to download four specific songs on the domain name dajaz1.com as justification for seizure of this domain name. According to press accounts, the songs in question were legally provided to the operator of the domain name for the purpose of distribution.

    So it doesn't even matter if the distribution is legal or not anymore.

    Of course not. Legally shared songs are an even bigger threat to the RIAA than pirated ones.

    --
    I'm a good cook. I'm a fantastic eater. - Steven Brust
  13. Time to Godwin by jimmydevice · · Score: 5, Insightful

    I hate to point this out, But isn't "homeland security" going down the same path those guys in brown shirts tried some 80 years ago?
    Even their names, "homeland security" and ICE sound Orwellian.

    People from Oregon may be kooky ( I was born and lived there for 30 years ) but they believe in freedom, The real kind, not the plastic,
    corporate centric mommy state the feds have crapped out since 911.
    ----
    Every morning is a Smirnoff morning., but I'm having beer for breakfast.

  14. Re:At least someone is looking out for us. by Alyred · · Score: 5, Informative

    Wyden and Merkley (Senators from Oregon) both deserve praise for their efforts to put the people back in control of our government and preserve our rights. Merkley (the freshman senator) particularly has shown a strength of character that is unexpected for a first-timer.

    Let's hope they stand as an example to the bought-and-paid-for corporatist weasels that currently hold the seats from many other states.

  15. Recent International Issue by jdev · · Score: 3, Interesting

    Considering ICE just seized a Spanish domain that was deemed legal in Spain, I hope this gets more attention. The government is totally out of control here.

  16. Re:When you're downloading MP3s... by Beardo+the+Bearded · · Score: 3, Funny

    Don't you remember 9/11?

    Terrorists flew downloaded MP3s into the Twin Towers and shot a child porn missile at the pentagon.

    For shame, Drakken. It's only been 10 years and you've forgotten the terrible cyber-events brought forward by the e-terrorists.

    --

    ---
    ECHELON is a government program to find words like bomb, jihad, plutonium, assassinate, and anarchy.
  17. Re:When you're downloading MP3s... by dkleinsc · · Score: 3, Informative

    Actually, "Don't Download This Song" was put up for free download by Al. I'm going to go out on a limb and assume he secured distribution rights (which isn't as obvious as it sounds, stupid #@)@( record company contracts)

    --
    I am officially gone from /. Long live http://www.soylentnews.com/
  18. Re:When you're downloading MP3s... by hawguy · · Score: 4, Insightful

    Of course not. Legally shared songs are an even bigger threat to the RIAA than pirated ones.

    Exactly! It's just like when someone distributes free porn, the pay-for-porn distributors suffer!

    http://yro.slashdot.org/story/11/02/03/2216235/Free-Internet-Porn-Is-Legal-Says-California-Appeals-Court

  19. Re:Whoring bitch by MonsterTrimble · · Score: 4, Funny

    Whitesnake

    *BLINKS*

    or whatever it is that today's teeny-boppers download

    *Looks at the calender* Seriously, of all the bands you could have pulled out, WHITESNAKE?!?

    --
    I call it 'The Aristocrats'
  20. It's all about the Superbowl by bradley13 · · Score: 5, Interesting

    Following links from TFA, we find this fascinating quote: "Law enforcement officials picked this week to shut down the sites for a reason. The Superbowl, the most-watched sporting event of the year, is this Sunday. ICE wants to make sure football fans who planned on going online to watch the big game turn to legitamate broadcasters instead."

    Who needs due process? Just follow the money...

    --
    Enjoy life! This is not a dress rehearsal.
  21. DNS is the Achilles Heel of the Internet by Joe+U · · Score: 3, Interesting

    DNS is the Achilles Heel of the Internet. If the Internet is going to be controlled, DNS is going to be the most likely way to do it.

    A few Senators are not going to stop this trend. It's going to get worse. It's good to see that someone is paying attention, but I don't see anything that can be done to fix the basic flaw with DNS. DNS is controlled by one group that you can't trust.

    So, yet again, I'm calling all the smart people out there, lets start talking about replacing DNS once and for all.

    Anyone?

  22. Re:At least someone is looking out for us. by deapbluesea · · Score: 4, Informative

    Compulsory link to the broken window fallacy

    Forcing gas companies to hire employees to pump gas for you provides jobs for those pumping the gas, but that also means gas costs more in Oregon than other places, and money spent on gas in money not spent on other commercial pursuits. Granted, since it is next to California, Oregon gas prices don't look that bad, but California is a distorted comparison in this case. You'll note that Oregon has the 10th most expensive gas in the nation. I'm sure plenty of people will attempt to rebut this, and a quick look around google/bing (they're the same now, right?) didn't turn up much regarding a linkage between full service and gas prices.

    Interestingly, the Oregon ban on self-serve has been challenged several times - by the gas industry. It seems the gas station owners want to cut the personnel cost and sell more gas by lowering the cost. In Oregon a referendum to do so was voted down. It appears the citizens of that state are happy to pay a little more at the pump to provide jobs that could otherwise be spread out amongst other industries.

    --
    Government is not reason; it is not eloquent; it is force. Like fire, it is a dangerous servant and a fearful master.
  23. Exactly by ThatsNotPudding · · Score: 4, Informative

    Remember folks: EVERYONE in the House who was pro-Net Neutrality was removed from power via massive corporate campaign donations (which are now unlimited because of our Wing Nut Supreme Court).

  24. Re:At least someone is looking out for us. by sumdumass · · Score: 3, Interesting

    In Oregon a referendum to do so was voted down. It appears the citizens of that state are happy to pay a little more at the pump to provide jobs that could otherwise be spread out amongst other industries.

    Well, that or the people who objected couldn't afford the gas to drive to the polling place and vote for the ban of the ban.

    Maybe I should move to Oregon so my college and other accreditation wouldn't stand in my way of getting a job pumping gas. Or better yet, I could open a gas station, organize it as a club, sell memberships, make all members volunteer-employees, and sell the gas at lower costs with those volunteer employees pumping it.

    Anyways, if that is actually something the people of Oregon want to do, more power to them. I guess my scam would fail. But I have done other things to get around the smoking ban in my state too. A bar I own part of, we purchased an old motor home and parked it in the courtyard of the beer garden. Gutted out the inside, put a cage around the drivers area, and extended out the sides, and put a covered awning going to the side door of the establishment. Now "members" can go into a comfortable, heated environment that escapes the regulation defining building and smoke while drinking any time they want, those that don't smoke can stay inside, and all I have to do is keep the tags current and drive it around the block ever month or so. The bar is a dump, but it's the most popular bar in town.

  25. Re:At least someone is looking out for us. by SilentChasm · · Score: 3, Informative

    Well, that or the people who objected couldn't afford the gas to drive to the polling place and vote for the ban of the ban.

    Oregon has a vote by mail system. As in they send you the ballot and you have a couple weeks I believe to fill it out and send it back to them by 1. putting a stamp on it and mailing it or 2. dropping it in a ballot collection box.

    It makes it really simple to vote as you don't have to go find a polling place and you don't have to take off work/school/whatever on one specific day with everyone else.