Here's the story. In order to enforce copyright law, the Homeland Security Department of Immigration and Customs Enforcement (ICE) has begun shutting down and seizing operational domains on the Internet. Know any illegal immigrants entering the country via Internet domains? Neither do I.
http://tinyurl.com/29j7nqd
Immigration and Customs Enforcement (ICE) has seized dozens of domain names over the past few days, according to TorrentFreak.
ICE appears to be targeting sites that help Internet users download copyrighted music, as well as sites that sell bootleg goods, such as fake designer handbags.
The sites are replaced with a note from the government: "This domain named has been seized by ICE, Homeland Security Investigations."
Take a moment and read the entire story. Go ahead... I'll wait.
Done? Good.
The first problem I have with this is something that should have jumped right out at you. What in the wide, wide world of sports is the IMMIGRATION department doing enforcing COPYRIGHT law? It'd be like the Secret Service chasing down truant kids, or the Montgomery Parks Department writing speeding tickets on I-85. Something doesn't jibe, here, and I'm wondering if we'll ever find out why ICE is enforcing copyright laws.
I mean, really... Shouldn't they be doing something else? Like, gee, I don't know... protecting the border or prosecuting illegal aliens?
And what aspect of copyright infringement affects our "Homeland Security?" Some guy listening to Madonna sing "Like a Virgin" without paying for it is somehow a threat to national security? They have a lot of explaining to do if they want me to buy THAT.
Okay, number two. The government obviously has the right to seize property during a prosecution, but the Constitution sets limits on how that can be done. In this case, at least some of the site owners were never served with papers showing the warrants or other probable cause that prompted the seizures.
One of the site owners told TorrentFreak that his site was shut down without any notice or warning.
This kind of thing, targeting numerous entities en masse like this, is obviously a political stunt. In this case, it's probably intended to boost interest in a bill in Congress that would supposedly crack down on Internet pirating of copyrighted material. In other words, the prosecutions are being used as a political ploy. And for those of you who may believe that never happens, I suggest you grow up a little.
Something about this story is a little off, though, not jibing right. The internal inconsistencies trouble me. I'm wondering what we're going to find out about this as time goes on. Well, we'll know when it happens. Until then, we wait.
It's the government, so the logic is twisted...but here goes.
ReplyDeleteImmigration and Customs. It's the Customs part that thinks they have the right to do this....and why? Because a lot of bootleg and pirated material originates out of the US, in places like China, who refuses to acknowledge copyright law.
However, Customs should be more concerned about inspecting the containers that arrive in the US, than shutting down websites...because if I want to buy a fake Prada purse, I don't think I'm bringing down the fall of civilization as we know it. I'm just buying a knock off Prada purse -- I'm not getting the quality. Prada is losing a bit of money (but seriously...I'm sure it does not cost them $1,100 to make a freakin purse. So maybe they ought to lose a little money over it.)
I agree...this is unwarranted search and seizure. But then again, so is the TSA.
Remember ICE also includes the old Customs Service which has authority to enforce US law on intellectual property rights, copyright, etc.
ReplyDeleteTorrent sites provide access to free copies of movies, tv shows, software, music, etc and lead to hosts, trackers, and peers overseas. Then there's site offering knock off and counterfeit clothing. All of which brings the border search exception into play, bits, beans or persons don't matter you can be searched and contraband seized.
Combine that with hosting providers who would rather not spend money on lawyers, a quick take down and seize is likely.
This isn't the first time, this has happened (poke around slyck.com) and won't be the last.
Might be fun to see there is an increase in CD/DVD sales and decrease in blank CD/DVDs.
After a month of researching a site...then doing all the paperwork to present to the bosses to establish "facts", then you proceed onto the legal part of this effort and actually seize the site...you've invested probably 500 man-hours into each single effort.
ReplyDeleteAmount of time to recreate another site? Fifteen minutes.
Boys...I hate to admit it...but this is a money pit for lawyers within the government and a bunch of law enforcement idiots to get pay bonuses...while the site comes right back up tomorrow under a different name.
I agree with Ripley on this. The legality of site seizure is definitely questionable, but the practicality of it is simply out of the question! This is either a political stunt or just another perfect example of wasted time and money in a socialized government system. When you pay someone to dig a ditch, you "create" a job but it doesn't mean that you will EVER use the ditch for anything useful much less productive.
ReplyDelete