U.S. Government Seizes BitTorrent Search Engine Domain and More

Mon Nov 29 13:48:24 CET 2010

UK is trying to do what the US does.

UK police want domain seizing powers: Right or wrong?
http://www.zdnet.com/blog/igeneration/uk-police-want-domain-seizing-powers-right-or-wrong/6938

Moui

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On Mon, Nov 29, 2010 at 7:08 PM, Marc Rotenberg <rotenberg at epic.org> wrote:

> More news today.
>
> (I had a hunch that the Dept of Justice would
> be involved.)
>
> Marc Rotenberg
> EPIC
>
>
> --------
>
> *From: * Morning Tech <morningtech at politico.com>
>
> *Subject: * *POLITICO's Morning Tech, presented by Washington's
> NewsChannel 8: Today: DOJ discusses IP enforcement - NetCoalition opposing
> Comcast-NBC merger - Fmr. Pres. George W. Bush heads to FB for live book
> chat - The privacy debate returns*
>
> *Date: * November 29, 2010 5:20:38 AM EST
>
>
> *DRIVING THE DAY: DOJ DETAILS IP ENFORCEMENT* - U.S. Attorney General Eric
> Holder and ICE Director John Morton are holding a press conference this
> morning at DOJ where the two will announce "an intellectual property
> enforcement action," according to the release. This comes on the heels of
> ICE seizing the Web addresses of several file-sharing websites late last
> week - more on that below. ICE officials declined to comment on the websites
> that were taken down.
>
>
>
> *ICYMI: U.S. CRACKS DOWN ON PIRACY HAVENS* - From the NYT: "In what
> appears to be the latest phase of a far-reaching federal crackdown on online
> piracy of music and movies, the Web addresses of a number of sites that
> facilitate illegal file-sharing were seized this week by Immigration and
> Customs Enforcement, a division of the Department of Homeland Security. ...
> The new seizures also come as a new bill, the Combating Online Infringements
> and Counterfeits Act, is making its way through Congress. The bill, which
> was approved by a Senate committee last week, would allow the government to
> shut down sites that are 'dedicated to infringing activities.'" MORE:
> http://nyti.ms/dOTbmb
>
>
>
>
> On Nov 28, 2010, at 11:17 AM, Milton L Mueller wrote:
>
> Exactly, DHS consolidated functions that used to be in separate departments
> (Customs, INS)
>
> -----Original Message-----
>
> From: Marc Rotenberg [mailto:rotenberg at epic.org]
>
> Sent: Sunday, November 28, 2010 11:09 AM
>
> To: Milton L Mueller
>
> Cc: NCSG-NCUC-DISCUSS at LISTSERV.SYR.EDU
>
> Subject: Re: U.S. Government Seizes BitTorrent Search Engine Domain and
>
> More
>
>
> As a US lawyer, it seems odd to me that the DHS would have
>
> this role. International law enforcement matters are routinely
>
> coordinated by the Dept. of Justice. ICE is a relatively
>
> recent creation, gathering powers that traditionally resided
>
> with Customs and the INS.
>
>
> Marc.
>
>
> On Nov 28, 2010, at 10:56 AM, Milton L Mueller wrote:
>
>
> Not so odd, Marc, because Immigration and Customs Enforcement (ICE) is
>
> part of DHS.
>
> Customs would be the primary agency involved in transnational
>
> counterfeiting enforcement actions.
>
> Recall ACTA and related negotiations. Interesting that this can go on
>
> without COICA.
>
>
> -----Original Message-----
>
> From: NCSG-NCUC [mailto:NCSG-NCUC-DISCUSS at LISTSERV.SYR.EDU] On Behalf
>
> Of
>
> Marc Rotenberg
>
> Sent: Saturday, November 27, 2010 8:26 AM
>
> To: NCSG-NCUC-DISCUSS at LISTSERV.SYR.EDU
>
> Subject: Re: [NCSG-NCUC-DISCUSS] U.S. Government Seizes BitTorrent
>
> Search Engine Domain and More
>
>
> According to the New York York Times, it was the Dept of
>
> Homeland Security (the same agency that brought us
>
> airport body scanners) that seized the BitTorrent site and others.
>
> This seems odd since it is the US Dept of Justice that would
>
> typically investigate copyright matters.
>
>
> Note also that this action took place prior to Senate action
>
> on COICA.
>
>
> Marc Rotenberg
>
> EPIC
>
>
> -----------------------------
>
>
>
>
> http://www.nytimes.com/2010/11/27/technology/27torrent.html
>
>
> U.S. Shuts Down Web Sites in Piracy Crackdown
>
> By BEN SISARIO
>
> Published: November 26, 2010
>
>
> In what appears to be the latest phase of a far-reaching federal
>
> crackdown on online piracy of music and movies, the Web addresses of
>
> a number of sites that facilitate illegal file-sharing were seized
>
> this week by Immigration and Customs Enforcement, a division of the
>
> Department of Homeland Security.
>
>
> By Friday morning, visiting the addresses of a handful of sites that
>
> either hosted unauthorized copies of films and music or allowed
>
> users to search for them elsewhere on the Internet produced a notice
>
> that said, in part: "This domain name has been seized by ICE -
>
> Homeland Security Investigations, pursuant to a seizure warrant
>
> issued by a United States District Court."
>
>
>  * * *
>
>
>
>
>
>
> On Nov 27, 2010, at 1:57 AM, Alex Gakuru wrote:
>
>
> Does this mean *all* search engines with links will be shut down
>
> anytime, including 'Big G'?
>
>
> On 11/27/10, Alex Gakuru <gakuru at gmail.com> wrote:
>
> Why complained earlier on expectations that cash strapped ccTLDs
>
> especially
>
> in Africa/developing cannot afford parallel servers, databases and
>
> time
>
> costs to enforce third parties IP/copyrights/trademark etc
>
> interests.
>
> It
>
> somehow 'feels' safer NOT to register a .com now?
>
>
> On Sat, Nov 27, 2010 at 7:34 AM, Robin Gross <robin at ipjustice.org>
>
> wrote:
>
>
> The latest info that I've seen is that Verisign assigned new DNS
>
> servers
>
> at the Registry level, and then locked the domain so that even the
>
> Registrar
>
> can't update it.  So now it looks like it may have been VeriSign
>
> who
>
> "seized" them.  No word on ICANN's role in this situation, if any.
>
>
>
>
> On Nov 26, 2010, at 8:29 PM, Marc Perkel wrote:
>
>
> So was it ICANN that actually did the seizing?
>
>
> On 11/26/2010 7:25 PM, Michael Haffely wrote:
>
>
> The concerning part about the report from today is that the domain
>
> owner
>
> never received any complaint or due process before the domains
>
> were
>
> seized.
>
> It appears that no Cease and Desist, warrant, suit, or other
>
> criminal
>
> complaint was brought up before the domain was taken.  What if
>
> (for
>
> an
>
> example) this behavior is taken up by the Patent and Copyright
>
> "trolls".
>
> What happens to an individual/nonprofit/organization when they
>
> have
>
> their
>
> domain yanked out from under them?
>
>
> If ICANN is to seize domains from their rightful owners by demand
>
> of
>
> a
>
> law
>
> enforcement agency we need to have a clear, *rapid* appeals
>
> process
>
> to
>
> prevent abuse by corporations, law enforcement agencies, and
>
> governments.
>
>
>
> -Mike H.
>
>
>
>
> On Fri, Nov 26, 2010 at 8:46 PM, Andrew A. Adams <aaa at meiji.ac.jp>
>
> wrote:
>
>
> Very similar moves are happening in the UK, with Nominet (UK non-
>
> profit
>
> with
>
> the .uk (and .gb) country-code delegation) engaging with the UK's
>
> SOCA
>
> (Serious and Organised Crime Agency *) to remove 1200 "sites
>
> engaged in
>
> selling counterfeit goods" recently and now doing a more explicit
>
> deal
>
> with
>
> the police to take down the DNS registration for sites "alleged
>
> to
>
> be
>
> involved in criminal activity".
>
>
> http://www.theregister.co.uk/2010/11/25/nominet_crime/
>
>
>  (*) The SOCA is a rather dodgy organisation, IMHO. When it was
>
> set
>
> up
>
> the
>
> then home secrewtary made a big thing of it not being actually
>
> police
>
> and
>
> therefore not bound by the requirements that the police have to
>
> respect
>
> the
>
> human rights of citizens. THat's a recipe for a secret police
>
> operating
>
> extra-judicially and here we see exactly that kind of approach.
>
>
> I am very worried by these kinds of moves. Zittrain's "The Future
>
> of the
>
> Internet" and Mueller's "Networks and States" concerns about
>
> censorship
>
> becoming the norm not the exception online seem to be coming
>
> true.
>
> While
>
> I'm
>
> not in favour of criminals having free reign, the trouble is that
>
> all
>
> the
>
> hard won freedoms such as due process, balance of rights, etc.
>
> seem
>
> to
>
> be
>
>  being thrown out in the digital domain.
>
>
>
>
> --
>
> Professor Andrew A Adams                      aaa at meiji.ac.jp
>
> Professor at Graduate School of Business Administration,  and
>
> Deputy Director of the Centre for Business Information Ethics
>
> Meiji University, Tokyo, Japan       http://www.a-cubed.info/
>
>
>
>
>
>
>
> IP JUSTICE
>
> Robin Gross, Executive Director
>
> 1192 Haight Street, San Francisco, CA  94117  USA
>
> p: +1-415-553-6261    f: +1-415-462-6451
>
> w: http://www.ipjustice.org     e: robin at ipjustice.org
>
>
>
>
>
>
>
> --
>
> regards,
>
>
> Alex Gakuru
>
> http://www.mwenyeji.com
>
> Hosting, surprise yourself!
>
>
>
>
> --
>
> regards,
>
>
> Alex Gakuru
>
> http://www.mwenyeji.com
>
> Hosting, surprise yourself!
>
>
>
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