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First Challenge To US Domain Seizures Filed
An anonymous reader writes "You may recall that the US government, mainly through Homeland Security's Immigration and Customs Enforcement division (ICE) has been seizing domain names over the past year, based on bad evidence, even leading to the 'accidental' seizure of 84,000 sites. While it has taken some time, the first challenge has been filed to the domain seizures, by the company Puerto 80, who runs Rojadirecta, a Spanish internet forum that was seized because users linked to streaming sporting events. Rojadirecta was declared perfectly legal (twice!) in Spain, but the challenge obviously focuses on US law, and how the seizure was improper and did not meet the qualifications for a seizure, how the seizure violates the First Amendment by being improper prior restraint on protected speech, and how Rojadirecta is not guilty of criminal copyright infringement. This could represent a very important case in determining the government's legal right to simply seize domain names."
I have to apologize to the international community. When you started clamoring for international control of the domain system, my summary reaction was, "Whiners. Do you seriously not trust the United States to handle DNS in a fair manner? We do not mess with free speech without due process. Would you really trust international oversight more?"
Now I see that the US cannot in fact be trusted to fairly manage the domain system. You were right. I was wrong. I'm sorry.
Really?
It's one way. Give the domains back. The Spanish courts have declared them legal.
How is the Homeland Security Department funded so well in these trying times that they can afford to seize domains and fight legal battles for IP corporations in fucking Spain?
That's the fundamentals here folks. This the US government acting unilaterally without jurisdiction and a complete disregard for the judicial processes, laws, and sovereignty of foreign nations.
Let that sink in.
Then afterwards the rest of the world can get their heads out of their collective asses and take away domain name administration from the US because we clearly do not deserve the ability to do so, and have proven quite remarkably, that we don't have the ethics to do it either.
Has anyone successfully fought the government in a legal battle and won?
Is that a serious question?
The short answer is "Yes." The long answer is "Yes, often, and read some history."
This the US government acting unilaterally without jurisdiction and a complete disregard for the judicial processes, laws, and sovereignty of foreign nations.
And therefore it can't happen? Exhibit 1, history.
The US has placed half the world on their copyright watch list. And I don't mean rag tag countries like Russia or China but highly developed western countries like Canada and large parts of Europe. They want global IP law and they want to write it. Fits quite nicely with their overall agenda as world police, too. So I wouldn't be surprised if they just kept it, so that keeping a domain name means you have to stay inside both local law and US law. They have the audacity to do it.
Live today, because you never know what tomorrow brings
How many times has the Supreme Court ruled 'XYZ Law' as 'Unconstitutional'?
Not nearly enough.
Government: "Hey, you know that section of the constitution that allows us to break down trade barriers and protectionism between the states? Well, we'd like to interpret it in such a manner that gives us the power to tell any citizen in the country to do anything we want, as long as we make vague assurances that it might, in some way, affect some kind of commerce somewhere."
Court: "Sounds good to me!"
Our lawyers, guns, and money make anything you say or try to do irrelevant... yes, to this day
For justice, we must go to Don Corleone
At this point they basically have earth minus the US on the copyright watch list. I'm sure the US would be on the list if it wasn't where they are from, also.
Of the 40 countries listed in the report, the IIPA recommends that 13 be placed on USTR’s “Priority Watch” List in 2011: These include Argentina, Canada, Chile, China, India, Indonesia, Russia, and Thailand, all carried over from last year, with the additions of Costa Rica, the Philippines, Spain, Ukraine, and Vietnam. The other 27 countries are recommended for the 2011 “Watch” list.
An AC posted this at the time of that story, I thought it was spot on:
so after a few minutes on google it seems that they've put about half (3,225 million) of the world population (6,775 million) on their must watch list. I'm not going to look for the population of the other 27 countries but it wouldn't surprise me if it totals 6,470 million people which is the worlds population minus the USA population.
Pretty much.
Sent from my PDP-11
Amen. What is this "The government just does what they want non-sense. Stop voting for the same two failed parties. Start demonstrating on the lawn of the assemblies. Help to form a new party and fund it, run for office ...
Or do you mean when you do nothing they keep doing what ever they want?
Dear U.S.A.,
You've been claiming this during the previous 8 years of Bush administration, too; which was supposedly from the opposing party. Frankly, we don't see the difference, but that's probably a cultural thing.
Stop making excuses and get that damn revolution started already, before we are forced to come over and, how do you guys call it, spread some democracy.
Signed, everyone.
What a depressingly stupid machine.