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US DOJ Drops Charges Against Two Seized Websites

angry tapir writes "The U.S. Department of Justice has dropped its case against two Spanish websites that stream sports events nearly 17 months after U.S. Immigration and Customs Enforcement seized the sites and shut them down for alleged copyright violations. In a one-page brief to the U.S. District Court for the Southern District of New York on Wednesday, U.S. Attorney Preet Bharara of the district said his office had dropped the case against Rojadirecta.com and Rojadirecta.org. ICE seized the two sites on Jan. 31, 2011, and the DOJ asked the court to order that Puerto 80 Projects, the owner of the sites, forfeit the sites to the U.S. government."

152 comments

  1. No even a "we're sorry?" by Anonymous Coward · · Score: 5, Interesting

    What about the lost money? Time to sue.

    1. Re:No even a "we're sorry?" by AliasMarlowe · · Score: 5, Insightful

      What about the lost money? Time to sue.

      And for damaged reputation and lost customers, due to those went to one of the seized sites, freaked out, then never visited again. Definitely damage was done to Puerto80 Projects (their owner), but can the the DOJ escape liability by claiming the seizure was not unlawful?

      --
      Those who can make you believe absurdities can make you commit atrocities. - Voltaire
    2. Re:No even a "we're sorry?" by Anonymous Coward · · Score: 5, Insightful

      Better sue them for thousands of dollars for each potential lost customer! I estimate that they owe over 100 trillion dollars.

    3. Re:No even a "we're sorry?" by jythie · · Score: 5, Interesting

      Sadly, while the US can seize foreign assets, often courts rule that foreign companies do not have standing to sue. The standards for what constitutes having a local presence seem to vary according to which side the government is on....

    4. Re:No even a "we're sorry?" by Anonymous Coward · · Score: 5, Funny

      Better sue them for thousands of dollars for each potential lost customer! I estimate that they owe over 100 trillion dollars.

      100 trillion dollars isn't exactly a lot of money these days, dr. evil.

    5. Re:No even a "we're sorry?" by jesseck · · Score: 2

      100 trillion dollars isn't exactly a lot of money these days, dr. evil.

      The *IAAs haven't asked for that much (yet)...

    6. Re:No even a "we're sorry?" by Hatta · · Score: 4, Insightful

      courts rule that foreign companies do not have standing to sue

      Standing seems to get in the way of justice quite often. We need to strongly consider removing these loopholes in our justice system that allow the government to commit crimes with impunity.

      --
      Give me Classic Slashdot or give me death!
    7. Re:No even a "we're sorry?" by Inda · · Score: 4, Interesting

      What lost money?

      I used Rojadirecta before I found a better site. It was only when my 'better' site didn't stream a game I was after that I looked back to Rojadirecta.org and saw it was down.

      Rojadirecta.se came to the rescue. I see there is a Rojadirecta.me too. When will these ban-hammer organisations learn? How long have we seen the same processes repeated over and over?

      I don't give a shit about Hollywood or Poptastic music. I do give a shit about my sports.

      If only they'd let me buy the stream on a Saturday afternoon. I only want to watch Tottenham Hotspur play. I cannot afford to travel to the game, even if I could get a ticket - their ground is full most weeks. I can afford a few quid to stream the game.

      I pay for Sky Sports. I'm happy to pay for my sport. Let me give you more money, you fucking idiots.

      --
      This post contains benzene, nitrosamines, formaldehyde and hydrogen cyanide.
    8. Re:No even a "we're sorry?" by Anonymous Coward · · Score: 0

      It's essentially the same as the http://en.wikipedia.org/wiki/McMartin_preschool_trial, just in a different medium. The DOJ has incredible protection against the use of poor judgement, and the unfortunate victims have little to no recourse.

    9. Re:No even a "we're sorry?" by Anonymous Coward · · Score: 0

      Do we really need a law to close the loopholes? Can a judge rule that it violates the spirit of the law? It doesn't seem constitutional to begin.

      In my opinion, if the website is owned by an American or is subject to a registrar with an American presence, I think they'd have authority. However, that authority shouldn't be without a court order, and any court order shouldn't be without a hearing or trial involving the parties in question.

    10. Re:No even a "we're sorry?" by fustakrakich · · Score: 3, Insightful

      Best of luck getting any real opposition into Congress that will do it. Nothing's gonna change while the voters have their heads up their ass and keep reelecting these buttheads

      --
      “He’s not deformed, he’s just drunk!”
    11. Re:No even a "we're sorry?" by Anonymous Coward · · Score: 0

      It doesn't say anywhere that the US can seize foreign assets.

    12. Re:No even a "we're sorry?" by Hatta · · Score: 3, Insightful

      It doesn't matter that it's unconstitutional unless you can demonstrate how it directly harms someone protected by the constitution. I, as a citizen, have no standing to object to the lawless practices of my government unless I am a direct victim of those practicse.

      What I am suggesting is that a justice system where lawlessness is tolerated directly affects everyone subject to that justice system. Every citizen should have a right to a government that obeys the law. That is not the case in America today.

      --
      Give me Classic Slashdot or give me death!
    13. Re:No even a "we're sorry?" by Anonymous Coward · · Score: 0

      Use the RIAA sue to $$$ scheme!!!!

    14. Re:No even a "we're sorry?" by Anonymous Coward · · Score: 0

      Sadly, while the US can seize foreign assets

      They cannot. If you meant foreign-owned assets within the US, then yes. Foreign assets cannot be seized unless the country which holds them allows it to happen.

      often courts rule that foreign companies do not have standing to sue

      And foreign courts do the same. Since such rulings always depend on the specifics of the case, and you haven't offered any citations, I'm going to dismiss your argument as irrelevant.

      There's nothing in your post specific to the US. But congrats on the trolling, you've got several idiot mods to put you up to +5 Interesting.

    15. Re:No even a "we're sorry?" by Anonymous Coward · · Score: 0

      Yup, it's perfectly legal AND there's tons of precedents!

    16. Re:No even a "we're sorry?" by Shagg · · Score: 3, Insightful

      It's difficult to blame the voters when every candidate on the ballot is a butthead.

      --
      Unix is user friendly, it's just selective about who its friends are.
    17. Re:No even a "we're sorry?" by capnkr · · Score: 0, Offtopic

      100 trillion dollars isn't exactly a lot of money these days, dr. evil.

      Thanks to our recent Government for the fact that numbers previously almost incomprehensible are now simply part of our daily cultural consciousness...

      From the May 19, 2012 - (CBS News) (emphasis mine):

      The National Debt has now increased more during President Obama's three years and two months in office than it did during 8 years of the George W. Bush presidency.The Debt rose $4.899 trillion during the two terms of the Bush presidency. It has now gone up $4.939 trillion since President Obama took office.

      The latest posting from the Bureau of Public Debt at the Treasury Department shows the National Debt now stands at $15.566 trillion. It was $10.626 trillion on President Bush's last day in office, which coincided with President Obama's first day.

      Of course, Obama blames it on Bush {roll_eyes}, but that's a little disingenuous, given that at his rate until now he will have eclipsed the Bush spending by well over a factor of 2.5 by the time he leaves office if, Deity forbid, he gets reelected.

      Not much Hope, and less Change, is what I've seen out of him and his administration/cabinet during his term in Office. Not that I expected it - politicians of the two parties just tell a different set of lies to get elected.

      "The government consists of a gang of men exactly like you and me. They have, taking one with another, no special talent for the business of government; they have only a talent for getting and holding office." - H.L. Mencken

      Let's get the current incompetent boob out of Office and try a new one to see if it can do any better. Maybe things will work better with someone in charge who understands making money, not just taking money...

      --
      "...there are some things that can beat smartness and foresight. Awkwardness and stupidity can." ~ Mark Twain
    18. Re:No even a "we're sorry?" by f3rret · · Score: 1

      Sure is election time soon over in the US, huh?

      --
      Admit nothing. Deny Everything. Make Counter-accusations.
    19. Re:No even a "we're sorry?" by f3rret · · Score: 3, Informative

      Isn't the .com and .org TLDs American? They only seized the domains and not necessarily the server hardware, as I understand it. Besides if the sites were running off American TLDs and were hosted in the US then it's no wonder that a US agency could seize them.

      --
      Admit nothing. Deny Everything. Make Counter-accusations.
    20. Re:No even a "we're sorry?" by fustakrakich · · Score: 1

      Nope, participation in the primaries and write ins are available. The voters are just too lazy and complacent to give damn, and seek out qualified candidates.

      --
      “He’s not deformed, he’s just drunk!”
    21. Re:No even a "we're sorry?" by hoggoth · · Score: 1

      Don't blame me, I voted for Kodos.

      --
      - For the complete works of Shakespeare: cat /dev/random (may take some time)
    22. Re:No even a "we're sorry?" by fliptout · · Score: 3, Interesting

      IANAL, but I think the proper course of action in this case is to sue the US government in their home country. If successful, they could have US assets there frozen and seized.

      --
      A witty saying proves you are wittier than the next guy.
    23. Re:No even a "we're sorry?" by Cyberax · · Score: 1, Informative

      Yes, blaming Bush is exactly right in this case. Obama's deficits are the direct cause of the bubble collapse: http://thinkprogress.org/economy/2012/05/15/484767/obama-budget-chart/?mobile=nc

      He has failed to cleanup Bush's toxic mess of economy, sure. But large deficits are not his fault.

    24. Re:No even a "we're sorry?" by Zcar · · Score: 1

      Sovereign immunity. You can't sue the US government unless it says you can. I'm not sure if they could sue over this.

    25. Re:No even a "we're sorry?" by Anonymous Coward · · Score: 0

      It is not much, but it could balance Portugal budget for a moment or two...
      If one infringement costs thousands dollars in punitive damages ....
      wouldn't it be fair to grant the same amount for accusing without proof?
      Paid directly by MAFIAA ...

    26. Re:No even a "we're sorry?" by Anonymous Coward · · Score: 0

      They can always go to their court.
      And get nice US gov. property located in Portugal.

    27. Re:No even a "we're sorry?" by Anonymous Coward · · Score: 0

      Has it occurred to you that your president is not a king? The U.S. Congress is in control of spending. And besides, *all* presidents since Reagan have been deficit spending.

      There's been very little difference between spending during the Bush and Obama terms. From an outsider's perspective, this partisan bickering doesn't make any sense because both parties are out of control.

    28. Re:No even a "we're sorry?" by capnkr · · Score: 2, Informative

      Har. Nice try - but check out who wrote that, it's no surprise they're spouting the praise of and defense for Obama.

      Author - Michael Linden of the "Center for American Progress Action Fund". Who are they? Wikipedia says:

      The Center for American Progress is a progressive public policy research and advocacy organization. Its website states that the organization is "dedicated to improving the lives of Americans through progressive ideas and action." It has its headquarters in Washington D.C. Its President and Chief Executive Officer is Neera Tanden, who worked for the Obama and Clinton administrations and for Hillary Clinton’s campaigns. Its first President and Chief Executive Officer was John Podesta, who served as chief of staff to then U.S. President Bill Clinton. Podesta remains with the organization as Chairman of the Board. Located in Washington, D.C., the Center for American Progress has a campus outreach group, Campus Progress, and a sister advocacy organization, the Center for American Progress Action Fund. Citing Podesta's influence in the formation of the Obama Administration, a November 2008 article in Time stated that "not since the Heritage Foundation helped guide Ronald Reagan's transition in 1981 has a single outside group held so much sway."

      Wow - could they even fit any more Democrats in there? It'd be tough...

      No surprise it is funded by none other than George Souros. If you'll take the time to check out the origins and organizational makeup of that "non-partisan" (Hah!) CAP, you'll see that it is a literal Who's Who of Democratic Party faithful power brokers.

      "Blaming Bush" is just Obama's lame excuse, that's obvious to see. IIRC, during his campaign he vowed to clean the mess up, and rather quickly. "Epic fail", I believe that is called.

      --
      "...there are some things that can beat smartness and foresight. Awkwardness and stupidity can." ~ Mark Twain
    29. Re:No even a "we're sorry?" by polar+red · · Score: 1

      make any sense because both parties are the same.

      FTFY

      --
      Yes, I'm left. You have a problem with that?
    30. Re:No even a "we're sorry?" by Anonymous Coward · · Score: 0

      Well if you ban all their sales within all stores worldwide without sufficient reason to even bring on a case. They will.

    31. Re:No even a "we're sorry?" by Cyberax · · Score: 0

      So, you can't argue with facts and have to attack the authors? Nice. A typical repub.

    32. Re:No even a "we're sorry?" by rjr162 · · Score: 1

      No worries, China will lend it to them...

    33. Re:No even a "we're sorry?" by tsm_sf · · Score: 1

      I'll choose inept over actively evil every time, thanks.

      --
      Literalism isn't a form of humor, it's you being irritating.
    34. Re:No even a "we're sorry?" by Maritz · · Score: 2

      "Any sufficiently advanced incompetence is indistinguishable from malice." Hanlon's Razor/Grey's Law ;)

      --
      I do not want your cheap brainburning drugs. They are useless for work. And I am a working man today.
    35. Re:No even a "we're sorry?" by Anonymous Coward · · Score: 0

      Well, let's see, the Bush legacy is never having taking responsibility for the failings of his tenure for 9/11. And even the claims of WMDs in Iraq, where the Bush admin. always lay that everybody else thought they had WMDs. Bush's legacy left thousands of American soldiers dead for an unjust war and tens of thousands that are crippled for life, not to mention the hundreds of thousands of Iraqi's dead and the possibly untold hundreds if not millions of maimed Iraqis.

      Bush is a war criminal and should be tried in the Hague for his crimes.

    36. Re:No even a "we're sorry?" by Anonymous Coward · · Score: 0

      Let me give you more money, you fucking idiots.

      No shit. Don't even get me started on how screwed up MLB is, can't get games in your local market, and can't get the playoffs. WTF.

    37. Re:No even a "we're sorry?" by Anonymous Coward · · Score: 1

      The US government has no such protection in Portugal though, they could sue the United States in Portuguese courts and since Portugal is a member of EU the courts can then order the seizure of assets of the United States within EU.
      Problem solved, now lets just hope that Portuguese courts will award the same absolutely absurd damages that US courts does.

    38. Re:No even a "we're sorry?" by Anonymous Coward · · Score: 0

      You misspelled .us

    39. Re:No even a "we're sorry?" by Anonymous Coward · · Score: 0

      How is this argument Informative? It's not even an argument, but a logical fallacy: Ad Hominem. This guy didn't refute a single claim in the paper, and possibly didn't even read it. The conclusion disagreed with the preconceived one in his head, so he simply started to look at who wrote the paper, and concludes "Oh look, it was written by people connected to democrats, so it can't be right!" Never mind the arguments in the paper.

      But the reality is this: our deficient is the result of years and years of unfunded spending:

      1) War in Afghanistan $561 billion (to date)
      2) War in Iraq $806 billion (to date)
      3) Medicare Part D $707 billion (* through 2018)
      4) Cost of Bush Tax Cuts $366 billion/year (based on 3.3 trillion from 2011-2020 - this doesn't include the cost from 1/1/2009-CURRENT)

      That's just the cost of of four of the bush era unfunded expenditures. There are plenty more.

      Finally, there is what has been known to be a long time a problem with entitlements. Specifically, medicare. Fact of the matter is caring for old people is expensive. Part of the reason its so expensive to care for old people is that young people don't forego insurance and often receive uncompensated care, whose cost is passed on to people like you and me, through insurnace premiums, as a result of hospitals having the requirement to treat everyone. This same cost is passed onto medicare.

      I don't agree with the healthcare reform act, but probably not for the same reasons as the previous poster. I would have liked to be able to buy into medicare, instead of a for profit insurance program.

      Finally, someone whose arugment is a logical fallacy is usually being disingenuous. An argument which is fallacious is not informative, it's being a troll.

    40. Re:No even a "we're sorry?" by webheaded · · Score: 1

      You wrote so much and yet not a word of it dealt with any of the facts in the article. Who gives a shit who the writer is? We're dealing with facts here...not opinions...unless you have something that proves those numbers wrong?

      I mean I'm not exactly Obama's number one fan, but your post has completely avoided addressing anything in the article itself.

      --
      "Those who would sacrifice essential liberties for a little temporary safety deserve neither liberty nor safety." - BenF
    41. Re:No even a "we're sorry?" by Anonymous Coward · · Score: 0

      Until the president uses executive privilege and claims that he is above the courts and can do what the fuck he likes, meanwhile pardoning all the banks that hold his assets. He claimed this immunity during the NSA eavesdropping case, doesn't take a rocket scientist to work that one out!

    42. Re:No even a "we're sorry?" by Anonymous Coward · · Score: 0

      The USA doesn't and is not legally bound by any courts outside the USA, that's the problem here. What you just described doesn't work, it can't work, there's no way in blue hell it's gonna work.

    43. Re:No even a "we're sorry?" by Anonymous Coward · · Score: 0

      Yes, because every penny the Gov spent immediately on Day 1 of Obama's presidency counts as from his policies... keep drinking the Koolaid dude.

    44. Re:No even a "we're sorry?" by Pseudonym · · Score: 1

      Yeah, just look at all the money Dajaz1 got for being screwed around.

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    45. Re:No even a "we're sorry?" by Kalriath · · Score: 1

      No, they're generic TLDs. The US government seizes them by going directly to the registry (not the registrar!) and forcing Verisign to fudge the DNS in the com. zone directly. It's a hideous violation of procedure, and breach of trust, and could be performed just as easily by forcing ICANN to fudge DNS in the . zone just as easily to seize domains in ccTLDs. No-one is safe from domain seizures by ICE. Not even an ru.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    46. Re:No even a "we're sorry?" by Kalriath · · Score: 1

      Yes it can. The US Government owns property outside its jurisdiction just like any other government. That property is subject to seizure in the event of a judgement against them in that foreign jurisdiction unless the US government defends itself, or files a statement of no jurisdiction with that foreign court (which has the possibility of being rejected by the foreign court if it finds that there is in fact a crime or civil case to answer in that jurisdiction).

      And, um, there is precedent for seizing assets of a private individual or company for the actions of their government if all else fails - go look up Merck for more on that.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    47. Re:No even a "we're sorry?" by Antony-Kyre · · Score: 1

      With logic like that, we might as well switch to an absolute monarchy. We as citizens must care about constitutional abuses even if it has no direct affect on a specific individual. An abuse on one is an abuse on us all. I want to say it's only a matter of time before it hits you or me, but I think it's more practical to say this: How can you feel secure when constitutional abuses are ignored? Unless you're above the law, I don't see how that's possible.

    48. Re:No even a "we're sorry?" by Anonymous Coward · · Score: 0

      Oh, I didn't RTFA I assumed they were claiming that they could seize US property on US soil in which case my reply earlier stands.

    49. Re:No even a "we're sorry?" by AK+Marc · · Score: 1

      Of course, Obama blames it on Bush {roll_eyes}, but that's a little disingenuous, given that at his rate until now he will have eclipsed the Bush spending by well over a factor of 2.5 by the time he leaves office if, Deity forbid, he gets reelected.

      Disingenuous is blaming Obama's first FY on him, when it was mainly a budget set by Bush he was enforcing. But that isn't a defense of Obama, just an attack on the attackers (And no, the enemy of my enemy is not my friend, he's just a different enemy).

    50. Re:No even a "we're sorry?" by Meski · · Score: 1

      I'll choose inept over actively evil every time, thanks.

      So which one is that?

  2. Seizure without cause by Anonymous Coward · · Score: 5, Insightful

    It seems that this tactic has some interesting consequences. The DOJ can seize the website, take it offline and make it unavailable to users. Thus removing all revenue streams. In the mean time, they wait. After a significant amount of time passes they go and "unsieze" the websites which now have lost revenue and users.

    Seems to me like a use of the courts as a tool that they were not intended. What sort of remediation can the site owners take on the DOJ?

    1. Re:Seizure without cause by Anonymous Coward · · Score: 0

      Hmmm. Megaupload next?

    2. Re:Seizure without cause by FireFury03 · · Score: 5, Insightful

      It seems that this tactic has some interesting consequences. The DOJ can seize the website, take it offline and make it unavailable to users. Thus removing all revenue streams. In the mean time, they wait. After a significant amount of time passes they go and "unsieze" the websites which now have lost revenue and users.

      Seems to me like a use of the courts as a tool that they were not intended. What sort of remediation can the site owners take on the DOJ?

      I've been saying this for a long time - if you're hosting something, doing it outside the US is a good plan. If you can host it somewhere that's US-hostile, even better (so long as the US doesn't bomb the datacentre).

    3. Re:Seizure without cause by Anonymous Coward · · Score: 5, Insightful

      Anyone with a .org, .net, .com, etc US controlled domain even if their servers are hosted elsewhere in the world won't escape a similar fate.

    4. Re:Seizure without cause by Rich0 · · Score: 5, Insightful

      Seems to me like a use of the courts as a tool that they were not intended. What sort of remediation can the site owners take on the DOJ?

      Intended by who? Somehow I suspect this was exactly what was intended by these kinds of seizure rules.

      Winning court cases is hard. So, the solution has been to turn the process of justice into its own form of punishment. If you don't like somebody you accuse them of a crime, and seize half their possessions as evidence. Then you hold onto them for years, or drag them through a long and very expensive process. By the time it is over the person has lost their job, family, home, and is in a mountain of debt. At that point, does it really matter what the verdict is?

      And seizure is often even worse - in many cases there may not even be an opportunity to mount a defense. The property is sezied, and the owner need not even be charged with a crime.

    5. Re:Seizure without cause by BigSlowTarget · · Score: 4, Insightful

      What remediation will happen? None. The government has sovereign immunity except under special cases. This would not qualify as you would have to prove they not only did not have a case but could never have reasonably thought they could ever have had a case. That isn't going to happen.

    6. Re:Seizure without cause by jythie · · Score: 3, Interesting

      Sadly, yep. The laws are functioning 'as intended'. Our legal system was never really designed to be fair or equal access, it has a lot of the 'individualism' mentality built into it, with justice going to those who have the money and power to utilize it. This is generally billed as 'freedom' since more of your fate is in your own hands.. or at minimal if your chances are not good you can blame the victim more.

    7. Re:Seizure without cause by Anonymous Coward · · Score: 2, Interesting

      To make them whole, the site owners need their site, payment for lost revenue, and advertizing to bring back the lost users.

      If they got their site back due to a recent court ruling, then it may be hard to show that DoJ acted in bad faith when they first seized the site.

      Perhaps the system worked as it was supposed to, which says the system needs adjusting.
            Unfortunately, the content owners are busy 'adjusting' it in the opposite direction.

      I don't see how the site owners can be made whole except maybe for some fund reserved for folks convicted and then proved innocent.

    8. Re:Seizure without cause by jythie · · Score: 1

      Why do I picture, if a case did move forward, they would claim national security interests so they did not have to reveal any of their documentation for the cases....

    9. Re:Seizure without cause by __aaltlg1547 · · Score: 1

      Doesn't seem to help much. If anything it looks to me like the US DOJ is more apt and just as able to seize foreign sites.

    10. Re:Seizure without cause by __aaltlg1547 · · Score: 2

      Seems like all that should give them is ability to take you DN. What international treaty gives them jurisdiction of your business if you're on foreign soil?

    11. Re:Seizure without cause by Anonymous Coward · · Score: 4, Insightful

      I don't know. May be Kim Dot Com is wondering the same.

    12. Re:Seizure without cause by FireFury03 · · Score: 2

      Only if you're stupid enough to register under an american TLD or with an american registrar.

    13. Re:Seizure without cause by fustakrakich · · Score: 2

      What international treaty gives them jurisdiction of your business if you're on foreign soil?

      This! Any more questions?

      --
      “He’s not deformed, he’s just drunk!”
    14. Re:Seizure without cause by whoever57 · · Score: 3, Funny

      Winning court cases is hard. So, the solution has been to turn the process of justice into its own form of punishment.

      Wasn't this one of the grievencies of the original colonists in America? Arrest someone and take them to England for prosecution, in the process, keeping them under arrest for months/years.

      --
      The real "Libtards" are the Libertarians!
    15. Re:Seizure without cause by citizenr · · Score: 1

      What sort of remediation can the site owners take on the DOJ?

      Hire a cheap Spanish speaking hitman to silence ICE agent that oversaw whole case (Daniel Brazier?).

      --
      Who logs in to gdm? Not I, said the duck.
    16. Re:Seizure without cause by Anonymous Coward · · Score: 0

      What international treaty gives them jurisdiction of your business if you're on foreign soil?

      This! Any more questions?

      I can see "small" fault in your logic...
      This should give jurisdiction over WTC...

      and nice 2' long two-by-four should give jurisdiction over your wallet ?

      No, thank you Sir, I do not agree ...

    17. Re:Seizure without cause by Em+Adespoton · · Score: 1

      It seems that this tactic has some interesting consequences. The DOJ can seize the website, take it offline and make it unavailable to users. Thus removing all revenue streams. In the mean time, they wait. After a significant amount of time passes they go and "unsieze" the websites which now have lost revenue and users.

      Seems to me like a use of the courts as a tool that they were not intended. What sort of remediation can the site owners take on the DOJ?

      It's worse than this actually... ICE doesn't take the site offline: it replaces it with an accusatory splash page, even though the site's hosts haven't been found guilty of anything yet.

      The splash page reads

      "This domain name has been ceized by ICE - Homeland Security Investigations, pursuant to a seizure warrant issued by a United States District Court under the authority of 18 U.S.C. SS 981 and 2323.

      Willful copyright infringement is a federal crime that carries penalties for first time offenders of up to five years in federal prison, a $250,000 fine, forfeiture and restitution (17 U.S.C S 506, 18 U.S.C. S 2319). Intentionally and knowingly trafficking in counterfeit goods is a federal crime that carries penalties for first time offenders of up to ten years in federal prison, a $2,000,000 fine, forfeiture and restitution (18 U.S.C. S 2320).

      While the announcement is very careful not to actually accuse anyone of anything, the implications are that the US government has seized the site due to copyright violations, and is logging your attempted connection, and is willing to put you in jail for ten years and demand 2 million dollars if it catches a hint that you're violating copyright too.

      I'd say that's going to have a pretty negative effect on any site that deals in potentially copyrightable material.

    18. Re:Seizure without cause by Anonymous Coward · · Score: 0

      (so long as the US doesn't bomb the datacentre)

      If they tried that with China, they'd make America's life VERY difficult indeed.

  3. Re:Seizing property by Anonymous Coward · · Score: 0

    Good thing Brazilians

    Er.. I mean Spaniards. Non-US citizens anyway and therefore not created equal, not endowed with rights by their creator etc. etc.

  4. Misleading headline. by Robert+Zenz · · Score: 3, Interesting

    According to the WhoIs, the .com domain was registered by a company in Arizona (Domain Proxy Company). The .org domain still shows up at the DoJ. Not sure, but looks like these were within the legislation of the U.S., because registered there.

    1. Re:Misleading headline. by Anonymous Coward · · Score: 0

      No. They were registered outside the US with a US company. There is a difference although I'm not sure how/if/where that makes a difference. And really the domain is being used to look up information. There isn't really a crime being comited within the US jurisdiction if the content itself is hosted outside the United States.

  5. "forfeit the sites to the U.S. government" by Elisanre · · Score: 2

    English not being my first language I read "forfeit the sites to the U.S. government" as U.S government want the domains to be dropped by their owners. Why would they comply when the charges have been dropped? O.o

    1. Re:"forfeit the sites to the U.S. government" by Anonymous Coward · · Score: 1

      They asked at the time of the seizure that the domains be forfeited - not when they suddenly decide the sites were innocent.

      Moral of the story: Dear world - the USA is not open for business unless you bring your own lubricant.

    2. Re:"forfeit the sites to the U.S. government" by LordLucless · · Score: 3, Informative

      It doesn't require any action by the owners. The US government (well, DOJ) contacts the registrar, and demands that they point the domain somewhere else. They don't touch the physical hardware (unless they're seizing that too) - the site is still operational, but cannot be accessed by its domain.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    3. Re:"forfeit the sites to the U.S. government" by AHuxley · · Score: 2

      Fun US legal system. You can walk away, but whats next? One day will they forfeit your home, car, boat, savings, passport, voting rights... legal standing to start business.
      What can you now lose as you are "dropped" into legal limbo?
      So its like your free but not in the way most of the world understands not been charged.

      --
      Domestic spying is now "Benign Information Gathering"
  6. Re:Careful with the opposition here by Anonymous Coward · · Score: 0

    OK, we all realize that this is a good opportunity to express our true feelings towards the Department of Justice. However, how many of us are sublimating unacceptable feelings? The DoJ is led by Eric Holder, a black man, who was appointed by Barack Obama, another black man. People who are not racists do not have to explain why they are not racists. Whenever I see a long and exhausting Slashdot post claiming they oppose the DoJ but are not racist, I think: racist. So, let's just all consider our opinions twice before we click that "Post" or "Submit" button. Thank you.

    Since when did it come to pass that we're not allowed to criticize people and the job they're doing based solely on the colour of their skin?

  7. Re:Careful with the opposition here by DNS-and-BIND · · Score: 1, Informative
    --
    Shutting down free speech with violence isn't fighting fascism. It IS fascism!
  8. Time to go back to raw IP addresses by gweihir · · Score: 2, Insightful

    Or finally kick the US off the Internet. Seems to me it will do a lot better without them holding things back.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    1. Re:Time to go back to raw IP addresses by Anonymous Coward · · Score: 0

      that's a dumb idea, what about /.? wait....that's actually a great idea!

    2. Re:Time to go back to raw IP addresses by Anonymous Coward · · Score: 0

      Yes, why does the US deserve to be on the internet anyway. Its not like they invented it. Oh, wait.

    3. Re:Time to go back to raw IP addresses by Kalriath · · Score: 1

      Useless. It requires intended visitors to add additional root DNS servers, something an average user will not/can not do. Besides, if they "challenge the established power" too much, the US government will just demand Public Interest Registry revoke their .org.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
  9. Lazy or corrupt? by __aaltlg1547 · · Score: 3, Insightful

    DOJ: We don't want to bother or can't prove they broke any laws but you should just give us everything they have now that we've wrecked their business.

    1. Re:Lazy or corrupt? by Anonymous Coward · · Score: 3, Interesting

      I once owned a computer repair store. I got a call from the bank, my account had been frozen and all assets drained by the IRS. No notice, no call, nothing.
      The IRS claimed I owed taxes. I did not, I didn't even make close to enough to owe the amount they took. Three months later, it was found the IRS made a mistake. Did I get my money back? No. They refuse to refund me the money they STOLE, even after they admitted making a mistake. They offered a tax credit. Which did me no good as I was forced to shut the store down later that year. The government thinks nothing of destroying small businesses.

    2. Re:Lazy or corrupt? by Anonymous Coward · · Score: 1

      The fact that you were unable to hire an attorney and get compensation tells me there's a lot more to your story you aren't telling us. As does the fact your assets were seized suddenly and without you having any prior notice.

    3. Re:Lazy or corrupt? by the+biologist · · Score: 2

      The IRS was once known for pulling this kind of crap all the time, rather than being the generally nice to work with organization you see today.

    4. Re:Lazy or corrupt? by anyGould · · Score: 1

      The fact that you were unable to hire an attorney and get compensation tells me there's a lot more to your story you aren't telling us. As does the fact your assets were seized suddenly and without you having any prior notice.

      While the sudden seizure is a bit odd, I feel compelled to point out that it is hard to hire anybody when all your money is taken.

    5. Re:Lazy or corrupt? by Anonymous Coward · · Score: 0

      And this was before they invented lawyers, right?

    6. Re:Lazy or corrupt? by Anonymous Coward · · Score: 0

      No, there is nothing more to tell. I did nothing wrong. I paid what I owed.
      I guess it's difficult to believe such a thing can happen, but it can and does. I'm living proof.

      How was I suppose to afford an attorney? They took all my money! I attempted to keep the business going using what I had in pocket and that didn't last long.

      The only other detail I could give is the 'mistake' was made by an apparent disgruntled employee who mis-filed a number of peoples taxes. Unfortunately I was one of them. The very point I wanted to point out was the fact that it was done with absolutely NO NOTICE, no warning, they just took what they thought they where owed out of the blue. Regardless if you want to believe that or not, it is a fact. And worse, would not refund the money, even after discovering what happened, only offer credit. (which still baffles the hell out of me to this day)

  10. Re:Careful with the opposition here by jythie · · Score: 3, Insightful

    Since many of the problems and complaints people have with the DoJ's behavior have crossed directors and presidents, I do not think race factors in here. These are institutional problems that have been around for quite some time.

  11. Gee... oops... sorry about that! by CuteSteveJobs · · Score: 1

    Hey Slashdotters, I wonder if we can get the Federal Government to protect us from terrorists? I was thinking we hire a lobby group together, start our own SuperPAC, stuff like that. I figure if we give "donate" enough money (more than the RIAA is giving Biden) maybe we can shift their law enforcement efforts to things like stopping is from getting killed. As opposed to stopping Spaniards streaming sports.

    1. Re:Gee... oops... sorry about that! by SuricouRaven · · Score: 1

      Sure. Got a few million dollars to spare?

    2. Re:Gee... oops... sorry about that! by Anonymous Coward · · Score: 0

      Stopping us from getting killed???? That would require too much work from the government. They will just stick to seizing domains from the comfort of their climate controlled offices, no matter how much money you give them.

    3. Re:Gee... oops... sorry about that! by Anonymous Coward · · Score: 0

      Hey Slashdotters, I wonder if we can get the Federal Government to protect us from terrorists?

      They already do 'protect' us; see: TSA, Patriot Act, etc. That's the result of that nonsense.

      No need to protect us from a nearly nonexistent threat.

    4. Re:Gee... oops... sorry about that! by Hatta · · Score: 2

      What terrorists? You're more likely to die at the hands of a police officer than to die by a terrorist attack.

      --
      Give me Classic Slashdot or give me death!
    5. Re:Gee... oops... sorry about that! by dkleinsc · · Score: 1

      You're also about 40 times more likely to be killed by a drunk driver. Terrorism is basically a non-existent threat.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
  12. Re:Careful with the opposition here by CrimsonAvenger · · Score: 1, Insightful

    People who are not racists do not have to explain why they are not racists.

    Alas, actually they do.

    In the USA today, pointing to a black man (or Native American (by which I mean, early immigrant, since there are no "native americans")) and saying "he did bad things" will invariably produce an outcry of "RACIST!!!".

    Not that it matters in the end. A white man accusing a favoured minority of misconduct will be assumed to be racist automatically.

    --

    "I do not agree with what you say, but I will defend to the death your right to say it"
  13. This... by Anonymous Coward · · Score: 1

    It is THIS kind of behavior by the US government that is going to force the hand of the UN and convince all the members to want to take over control of the internet. Just because the US have a majority of the control doesn't mean we should be exploiting it to appease our own greedy corporate ends.

  14. You need dual hosting by Quila · · Score: 1

    Somewhere in a US-unfriendly place for sure. But likely that US-unfriendly place won't be the most free country in the world and may want to shut you down for whatever reason (if you're hosting in Iran and say something bad about Iran, for example). So, you need to host in the US too, because the US will ignore their legal requests for takedown. Get domains from a few different TLDs that can always lead to your site, and you're good.

    1. Re:You need dual hosting by FireFury03 · · Score: 1

      Somewhere in a US-unfriendly place for sure. But likely that US-unfriendly place won't be the most free country in the world and may want to shut you down for whatever reason

      There are plenty of countries that aren't that friendly with the US that allow more freedom than the "Land of the Free", just involves careful choices.

    2. Re:You need dual hosting by aNonnyMouseCowered · · Score: 1

      "There are plenty of countries that aren't that friendly with the US that allow more freedom than the "Land of the Free", just involves careful choices."

      Most such countries are small and therefore more easily "influenced" than "unfriendly" but clearly less democratic countries like Russia and China. Kim Dotcom probaby thought he was beyond the long arm of the DOJ by holing up in Hobbitland. Apparently the US was able to exert enough influence to initiate local police action him. NZ still appears to be a good choice as local judges, the final arbiters of the law, aren't as quick to grant the US request for extradition.

    3. Re:You need dual hosting by symbolset · · Score: 1

      Jurisdiction site redundancy. Censorship is damage. Route around it.

      --
      Help stamp out iliturcy.
    4. Re:You need dual hosting by Anonymous Coward · · Score: 0

      citation needed.

    5. Re:You need dual hosting by Kalriath · · Score: 1

      Iran would be a bad example. The US once knocked their entire ccTLD off the internet by going to ICANN, who is on US soil.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
  15. Re:Careful with the opposition here by Anonymous Coward · · Score: 1

    OK, we all realize that this is a good opportunity to express our true feelings towards the Department of Justice. However, how many of us are sublimating unacceptable feelings? The DoJ is led by Eric Holder, a black man, who was appointed by Barack Obama, another black man. People who are not racists do not have to explain why they are not racists. Whenever I see a long and exhausting Slashdot post claiming they oppose the DoJ but are not racist, I think: racist. So, let's just all consider our opinions twice before we click that "Post" or "Submit" button. Thank you.

    Americans: obsessed with skin colour.
    I heard he's also a white guy too, should you call him a grey guy?

  16. I'm torn on this. by JustAnotherIdiot · · Score: 3, Insightful

    Part of me wants to yell "Sue those fuckers for the lost time!"
    But i know the money is just going to come out of our pockets while the DOJ members sit happily sipping their overly expensive tea.
    Government officials have no consequences, and that really needs to end.

    --
    What do I know, I'm just an idiot, right?
    1. Re:I'm torn on this. by Anonymous Coward · · Score: 0

      Neither do corporate officials. They both needs to change.

  17. Why not? by jdev · · Score: 4, Interesting

    The U.S. government makes an even more bold claim than that. They have argued with Megaupload that the government can continue to seize their servers even if the case is dismissed. I'm halfway surprised that the government bothered to drop the charges against Rojadirecta since they feel they can keep cases like this in limbo indefinitely without any consequences.

  18. that is not a solution by Anonymous Coward · · Score: 0

    The solution is to remove power from the government that it is not authorised to have.

    you neglected to state that your solution explicitly gives those powers to corporations in the us. that is a terrible, terrible 'solution' to say the least. sure, it means that the us will no longer be pursuing terrorist suspects the world over. however you neglect to mention that in their place those suspects will instead be pursued by exxon-mobil, coca-cola, wal-mart, united defense, and the like. and of course since they hate the legal system just as much as you do, trials - even if you think they are only for show - will no longer be required at all.

  19. DNS = FAIL by fustakrakich · · Score: 2, Interesting

    This is one more reason to abandon DNS and make up something a bit more robust. The whole internet seems much more frail than it was supposedly designed to be. Whatever happened to all that 'redundancy' and 'routing around damage' thing? You drop anchor on a single cable and can knock entire countries offline. How convenient is that for our authoritarian friends we so eagerly reelect time after time?

    --
    “He’s not deformed, he’s just drunk!”
    1. Re:DNS = FAIL by cpghost · · Score: 4, Informative
      Yes, the hierarchical nature of DNS invites exactly this kind of abuse. However, to be fair: designers of the DNS never expected this kind of lawfare. They thought about cities being nuked etc..., not about a rogue government controlling the top-level of the DNS hierarchy.

      As to countries going offline when a submarine cable is being cut, it's their problem: they were supposed to provide some levels of redundancy by connecting to multiple international backbones in the first place.

      --
      cpghost at Cordula's Web.
    2. Re:DNS = FAIL by fm6 · · Score: 1

      Whatever happened to all that 'redundancy' and 'routing around damage' thing?

      It was never there. The idea that IP networks were invented to survive a nuclear attack is pretty much a myth.

    3. Re:DNS = FAIL by fustakrakich · · Score: 1

      Yeah, I know.. So then, what happened to the concept of neural networking (soon to be marketed with the buzzword 'mesh')? I guess extending that to the last mile is a bit of a fantasy (but it can be done with wifi or other wireless). Having only one synapse to connect with really sucks.

      --
      “He’s not deformed, he’s just drunk!”
    4. Re:DNS = FAIL by fm6 · · Score: 1

      Your ability to mash together unrelated ideas into one big pseudoargument is really quite impressive.

    5. Re:DNS = FAIL by fustakrakich · · Score: 1

      They are not unrelated. Neural networking would provide the robustness I'm talking about. Try to allow your thoughts to blend a little, lest you start thinking like a bureaucrat.

      --
      “He’s not deformed, he’s just drunk!”
    6. Re:DNS = FAIL by fm6 · · Score: 1

      Actually, most bureaucrats I've known share your weird approach to logic. It helps them dream up rules for frustrating people.

    7. Re:DNS = FAIL by fustakrakich · · Score: 1

      No, what they do is separate everything into little bitty packets until they all lose any connection with each other. Eventually they'll need a separate office with a full staff for each one. You don't wait in just one line anymore at the DMV, do you? If the bureaucrat specializes in anything, it's specialization. Thus losing the wider view. Their tunnel vision blinds them to alternative solutions to a problem. It's the old 'can't see the forest for the trees' routine.

      You know, before you mentioned 'pseudoargument', I didn't believe I was making an 'argument' for anything... beyond suggesting a way of make our networks more robust against an attack of any kind. I don't see where I diverted from that line of thinking.

      --
      “He’s not deformed, he’s just drunk!”
    8. Re:DNS = FAIL by fm6 · · Score: 1

      I'm tempted to quote the dictionary definition of "argument", but you'd probably come back with some weird shtick about diction.

    9. Re:DNS = FAIL by fustakrakich · · Score: 1

      ...you'd probably come back with some weird shtick about diction.

      No I wouldn't

      --
      “He’s not deformed, he’s just drunk!”
    10. Re:DNS = FAIL by fm6 · · Score: 1

      So you claim you're just contradicting me without evidence?

    11. Re:DNS = FAIL by fustakrakich · · Score: 1

      Not at all... on either count

      --
      “He’s not deformed, he’s just drunk!”
  20. Re:Fuck the DOJ by Impy+the+Impiuos+Imp · · Score: 1

    It's gonna take about 30 minutes for those words to get to Mars to be relayed back to Earth.

    --
    (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
  21. Re:Careful with the opposition here by dkleinsc · · Score: 1

    In the USA today, pointing to a black man ... and saying "he did bad things" will invariably produce an outcry of "RACIST!!!".

    [citation needed]

    Specifically, I'm going to need a statistically significant number of incorrect accusations of racism for truthful accusations against black men. A couple of high-profile examples won't do the job, because there's numerous high-profile examples of black men completely falsely accused of heinous acts primarily because they were black.

    To demonstrate that your "invariably" is an exaggeration is easy: Nobody has accused the ACLU of being racists when they condemned Barack Obama for ordering a drone strike against an American citizen without bothering to indict him for a crime first.

    --
    I am officially gone from /. Long live http://www.soylentnews.com/
  22. No expropriation without compensation by currently_awake · · Score: 2

    When the government takes land to build a road they must pay the owner. Taking a website without a court order/criminal conviction is expropriation, not a legal punishment.

  23. so when is spain bending over to copyright? by Anonymous Coward · · Score: 0

    is spain gonna bend over ?

  24. Re:Fuck the DOJ by Runaway1956 · · Score: 2

    That may be flamebait. If so, to bad. The DOJ is not the Department of Justice. ICE is not a government body, either - it's the enforcement arm of Corporate Amerika. Screw 'em.

    AND, I'm an American.

    --
    "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
  25. What should the outcome be? by Roskolnikov · · Score: 1

    I am not certain there will be much recourse for rojadirecta; ideally the outcome of this should be that the burden of proof to allow seizure be raised, unfortunately I doubt anyone of note cares as these sites were ran by 'damned foreigners'.

    The more I watch this side show the more I think imperialism lives on, except the borders are all virtual.

    --
    Unix, an obscure operating system developed by bored researchers in an attempt to get a better game playing experience.
  26. Varying definitions of "freedom" by Quila · · Score: 3, Insightful

    Muslim countries think they are the freest in the world. You are completely free to live your life according to Sharia. They actually don't see punishing speech "insulting" to Islam as an infringement on freedom of speech. They don't see putting apostates to death as an infringement on their religous freedom. But copies of copyrighted works are freely available for sale everywhere, with no compensation to the rights holder.

    In the US you can say anything you want about any religion and can't be legally prosecuted (although the leftist "hate speech" trend is getting us there). You can flip between religions as you like, no punishment whatsoever. But put some movies up at a web site and the FBI may come down on you worse than if you'd murdered someone.

    And, of course, release US secrets to the world, and the US will want to prosecute while its enemies cheer freedom and openness. Release the secrets of those enemies, suddenly they're not so hot on freedom and openness.

  27. Delay! by fm6 · · Score: 1

    Why do they wait 17 months to stream sports events? Seriously, you guys need to work on your prose style a bit. These huge run-on sentences are a pain to read.

  28. The long arm of the dollar does it again. by Anonymous Coward · · Score: 0

    The government is the puppet of those with money.

    Could it be any more obvious ?

    These sites are not used by most people, most people just pay
    and watch sports on TV.

    It is petty enough that these sites were hassled that we all ought to boycott whichever businesses
    were responsible, and hit them where it hurts ( the wallet ).

  29. Re:Careful with the opposition here by Anonymous Coward · · Score: 0

    Obama seems to forget his alleged heritage or maybe he remembers it perfectly and just wants to please "the white man."

    What "alleged heritage"? Obama is not an American Black or Afro-American in the usual sense. He is the son of an African Black and an American White, and he is not a descendant of Africans brought to the US as slaves 2 or 3 centuries ago.

    When has he claimed otherwise?

  30. It is terrorism... by niftymitch · · Score: 1

    It is terrorism with a global reach.

    Not the terrorism that breaks things the way weapons do
    but terrorism against others in that these actions are above
    the law and are an abuse of power.

    The scary part is that the same shield that protects these
    terrorists is the same shield that would protect worse.

    The scary bit here is that this is all too close and parallel to the
    umbrella protections that the executioners of WW2 concentration
    camps operated under and behind.

    These camps did not start out as death camps -- they evolved as
    middle level players began to optimize the solution. The camps
    did not start out as the "final solution" they were handy and without
    oversight by the public eye could and were devoted to evil.

    Survivors of the WW2 terror are rare and today exceedingly old so pay attention.
    Listen to the tapes found in a basement of iit.edu These Holocaust tapes tell
    the story in first person and in some cases how "innocent" it looked from outside.
          http://voices.iit.edu/

    I am not a fan of WiKi leaks but there does need to be
    some global way to let the public and other governments
    exercise oversight.

    With luck this posting from a coffee house in Syria
    will look like it came from someplace in the West Coast
    of the US.

    --
    Truth is stranger than fiction, but it is because Fiction is obliged to stick to possibilities; Truth isn't. Mark Twain.
  31. Re:Careful with the opposition here by Anonymous Coward · · Score: 0

    Americans: obsessed with skin.

    FTFY.

  32. Re:Seizing property by Anonymous Coward · · Score: 0

    That was a long time ago now. I assume you're a native American. ;)

  33. DNS = OBSOLETE? by fustakrakich · · Score: 1

    Maybe obsolete is a better word than fail. It did serve its intended purpose, it just can't survive the street.

    --
    “He’s not deformed, he’s just drunk!”
  34. This is Un-American by fikicc · · Score: 1

    When is someone going to step up and sue the ever loving shit out of the DOJ / ICE for ruining their business? There's no due process or trial - just the whims of uninformed Luddite politicians.

  35. Re:Seizure without cause - ICANN, mega-pops rule by Anonymous Coward · · Score: 0

    That is why global DNS should be unblocked forever. If you don't like how the US does what is does, change your DNS providers and within the US act like you are not in the US. The US will do like what my predator colleagues have done, block countries by IPv6 and IPv4, we don't have customers from there, block the whole country. Did you say that Homeland Security cannot control their borders? Well the Internet can - we can block entire countries by a single ACL policy and not worry again. The key to globalization is that business is not necessarily global; it is centralized and regionalized. take note mega-pop gods -- we can control the flow of the Internet... safely and securely without the government oversight. Put "I can" back into ICANN.

    if you want to learn more - ask me.. not sure how you should contact me.. just query "ICANN megapops" and I might come up..