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Senator Wyden Asks WTF Is Up With Homeland Security Domain Seizures
TorrentFreak ^ | 2/3/2011 | Ernesto

Posted on 02/03/2011 2:02:33 PM PST by Smogger

Following on from news of the third phase of ‘piracy’ and counterfeit related domain seizures in 7 months, US Senator Ron Wyden has asked the director of Homeland Security’s Immigration and Customs Enforcement (ICE) to clarify some of the most pressing questions. If the domain seizures are to continue, the Obama administration has to be more open about the need for them and the process involved, he argues.

Earlier this week we broke the news that US authorities had started a third round of domain seizures. This time, it turned out that the actions were aimed at sports streaming sites. In total, 10 domain names belonging to 6 websites were handed over to the authorities.

As with previous seizures, the actions of the authorities were met with disbelief by the sites’ owners and their millions of visitors. The owner of Rojadirecta, one of the affected sites, questioned the legitimacy of the seizure since his site has twice been declared legal in Spain. In addition, many further questions were raised.

Today, we learned a little bit more about the justifications for the “Super Bowl Crackdown” after we obtained the affidavit that ICE agent Daniel Brazier sent to the US District Court. However, the request for a seizure warrant is very generic and leaves many questions unanswered.

Luckily, we’re not the only ones who want to find out more about the lack of due process and the need for domain seizures that comply with the DMCA. US Senator Ron Wyden asks the same questions.

In a letter addressed to ICE director John Morton he voiced his concerns, stating that the seizures are “alarmingly unprecedented” and that they could “stifle constitutionally protected speech.” In addition, Senator Wyden asks the following.

— 1. How does ICE and DoJ measure the effectiveness of Operation In our Sites and domain seizures more broadly — how does the government measure the benefits and costs of seizing domain names?

2. Of the nearly 100 domain names seized by the Obama Administration over the last 9 months, how many prosecutions were initiated, how many indictments obtained, and how were the operators of these domain names provided due process?

3. What is the process for selecting a domain name for seizure and, specifically, what criteria are used?

a. Does the Administration make any distinction between domain names that are operated overseas and those that are operated in the U.S.

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

c. What standard does the Administration use to ensure that domains are not seized that also facilitate legitimate speech?

d. What standards does ICE use to ensure that it does not seize the domain names of websites the legal status of which could be subject to legitimate debate in a U.S. court of law; how does ICE ensure that seizures target on the true “bad actors?”

4. Does the Administration believe that hyperlinks to domain names that offer downloadable infringing content represent a distribution of infringing content, or do they represent speech?

5. 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?

6. 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?

7. Did DoJ and ICE take into account the legality of Rojadirecta.org before it seized its domain name? If so, did DoJ and ICE consult with the Department of State or the United States Trade Representative before seizing this site in order to consider how doing so is consistent with U.S. foreign policy and commercial objectives

8. 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. Please explain the Administration’s justification for continued seizure of this domain name and its rationale for not providing this domain name operator, and others, due process.

9. Can you please provide to me a list of all the domain names seized by the Obama Administration since January of 2009 and provide the basis for their seizure?

10. Do ICE and DoJ keep a record of who meets with federal law enforcement about particular domain names? If not, would you consider keeping such a record and making it publicly available, to ensure transparency in government and that Operation in our Sites is not used to create competitive advantages in the marketplace?


TOPICS: Breaking News; News/Current Events
KEYWORDS: acta; batass; coica; domain; ice; internet; ronwyden; seizure; wyden
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For those that haven't been keeping track Zero's DOJ, ICE, and Homeland Security have been seizing the domain names without notice or due process of websites who only "crime" has been to link to other websites that possibly contain infringing material. With such a low standard of proof, don't be surprised to see this one day when come to FreeRepublic and see this:


1 posted on 02/03/2011 2:02:39 PM PST by Smogger
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To: Smogger
See also:

U.S. Seizes Sports Streaming Sites in “Super Bowl Crackdown”

2 posted on 02/03/2011 2:04:23 PM PST by Smogger
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To: Smogger

Follow the money. Determine how it benefits Google, NBC, GE, Soros, etc. and you’ll know why they are doing it.


3 posted on 02/03/2011 2:07:01 PM PST by killermosquito (Buffalo (and eventually France) is what you get when liberalism runs its course.)
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To: Smogger

Paging Senator Issa.


4 posted on 02/03/2011 2:07:34 PM PST by snowrip (Liberal? You are a socialist idiot with no rational argument.)
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To: killermosquito

Well it’s obviously a payback to his Hollywood buddies. Good think overreaching anti-First Amendment Bush isn’t running things.


5 posted on 02/03/2011 2:09:31 PM PST by Smogger
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To: Smogger

Seize first, trial later, maybe.


6 posted on 02/03/2011 2:10:35 PM PST by savedbygrace (But God.)
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To: Smogger

Diabolical


7 posted on 02/03/2011 2:13:09 PM PST by Surrounded_too
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To: Smogger

This nation won’t be free again until this country rids itself of fascist police organizations that are above the law and the Constitution. To get to there, we will have to rid ourselves of the politicians who keep funding them. Conservative politicians need to get off the federal band wagon, and get back to looking after the liberties of their constituents.


8 posted on 02/03/2011 2:14:24 PM PST by pallis
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To: snowrip

Rep. Issa. He is a congressman, not a Senator.


9 posted on 02/03/2011 2:20:30 PM PST by mazda77 (Mike Hogan - JAX Mayor)
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To: All

ATDHE is no more. Was a good site.


10 posted on 02/03/2011 2:20:45 PM PST by Luke21
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To: pallis
I'm thinking Egypt style street riots in the USA if these communists are not turned out of office in 2012. We cannot let our freedom die at the hands of the corrupt few while the majority of our “countrymen” are glued to the boob tube watching American Idol. SOMEONE has to run this place, and... it might just as well be us rather than the communists...
11 posted on 02/03/2011 2:22:28 PM PST by April Lexington (Study the Constitution so you know what they are taking away!)
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To: mazda77

I was on the phone when I typed that and looked up to see the mistake as I hit the “Post” button. D’oh!

I’ve dreamed of an edit feature on this site.


12 posted on 02/03/2011 2:23:57 PM PST by snowrip (Liberal? You are a socialist idiot with no rational argument.)
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To: All

Found it.

http://atdhenet.tv/

They just moved the thing.


13 posted on 02/03/2011 2:25:16 PM PST by Luke21
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To: Luke21

Freepmail me and I’ll tell you where you can still find it.


14 posted on 02/03/2011 2:26:19 PM PST by Straight Vermonter (Posting from deep behind the Maple Curtain)
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To: April Lexington
"I'm thinking Egypt style street riots..."

It may come to that someday, but I'm thinking more towards electing conservatives who aren't afraid of doing the right thing. There is no reason why we can't have a non establishment, conservative president, complete with a conservative House and Senate after 2012. The political odds are in our favor.

15 posted on 02/03/2011 2:33:04 PM PST by pallis
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To: Smogger

I don’t get it. When Repubs get in these practices are not redesigned to be compliant with the Constitution and a little thing called due process. I mean, when you’re elected, this is “first day executive order” stuff. With a simple stroke of the pen, you’d have NOTHING happen like this without due process. A very simple order from the top - only thing is instead of enlarging gov’t power it would be putting it back in it’s Constitutional place.
The only time “executive authority” is appropriate is when it comes to the ultimate safety of the nation, for example, when a billion people want to annihilate the nation. Yes, in that case you can keep genocidal maniacs at gitmo, that’s is appropriate.


16 posted on 02/03/2011 2:33:35 PM PST by PieterCasparzen (Huguenot)
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To: PieterCasparzen

You didn’t hear? Preventing linking to sites that stream the SuperBowl live.. er.. sorry I mean “The Big Game” is a national emergency requiring broad police powers.

I hope they don’t shut us down for saying the work Super..doh!


17 posted on 02/03/2011 2:38:24 PM PST by Smogger
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To: Smogger
In addition, Senator Wyden asks the following.

Did he actually believe that crap about "transparency", and expect to get a straight answer?

18 posted on 02/03/2011 2:40:05 PM PST by tacticalogic
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To: PieterCasparzen

Memo to Janet N.

I think WWW.freerepublic.com might be harboring free speech please seize that domain name forthwith.

Signed: Keith Overbite and Tingles


19 posted on 02/03/2011 2:42:15 PM PST by databoss
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To: Smogger

They may take our English Premier League live feed but they’ll never take our freedom!!!


20 posted on 02/03/2011 2:44:59 PM PST by kinghorse (If Nancy Pelosi didn't exist, Tim Burton would have created her.)
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To: April Lexington

I’m thinking Egypt style street riots in the USA if these communists are not turned out of office in 2012
_____________________

We met several friends for lunch today and the conversation was mostly Egypt and politics. Someone asked if Americans did what they are doing in Egypt, would the government not turn their weapons on them? Would they allow us to do what they are doing in Egypt? The answer is hell no.
Yet Shep Smith calls anyone that is on the side of the government in Egypt, thugs and murders. I doubt he would say the same if it happened here and citizens were mowed down.


21 posted on 02/03/2011 2:47:29 PM PST by mojitojoe (In it’s 1400 years of existence, Islam has 2 main accomplishments, psychotic violence and goat curr)
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To: Smogger

WTH is he asking for? Dictators don’t answer to mere elected officials!


22 posted on 02/03/2011 3:07:41 PM PST by Blood of Tyrants (Islam is the religion of Satan and Mohammed was his minion.)
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To: snowrip

You and me both, brother, you and me both. There are even times I need an edit button for my mouth as well! Yikes.

Be well


23 posted on 02/03/2011 3:14:27 PM PST by mazda77 (Mike Hogan - JAX Mayor)
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To: Smogger

We needed another national security agency to protect us from websites that stream sports events?


24 posted on 02/03/2011 3:14:34 PM PST by TigersEye (Who crashed the markets on 9/28/08 and why?)
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To: Smogger

Funny that ICE is involved in this. It should be the FBI period .. ICE should have nothing to do with it.


25 posted on 02/03/2011 3:16:06 PM PST by Munz (All tyranny needs to gain a foothold is for people of good conscience to remain silent.)
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To: mojitojoe
Yet Shep Smith calls anyone that is on the side of the government in Egypt, thugs and murders. I doubt he would say the same if it happened here and citizens were mowed down

I would consider it a bargain if we could:

A) Let a blue city like Chicago or Detroit burn to the ground in exchange for...

B) ...the opportunity to kick Shep in the head 10 times.


Today is a good day to die.
I didn't say for whom.

26 posted on 02/03/2011 3:22:32 PM PST by The Comedian (It's 3am all over the planet, and nobody's been answering the phone since 2008.)
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To: All
And btw, if DNS is ever interfered with (and I'm sure it will be), here's how you get to FR minus the domain name and any DNS support:

http://209.157.64.200


Today is a good day to die.
I didn't say for whom.

27 posted on 02/03/2011 3:27:11 PM PST by The Comedian (It's 3am all over the planet, and nobody's been answering the phone since 2008.)
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To: mojitojoe

We need to contact Roger Ailes at Fox News about Shep Smith. He needs to report, forget analysis.


28 posted on 02/03/2011 3:30:21 PM PST by charlie72
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To: mojitojoe
Yet Shep Smith calls anyone that is on the side of the government in Egypt, thugs and murders. I doubt he would say the same if it happened here and citizens were mowed down

Shep just reads the teleprompter if that's going on, unless he's going to bail.

IMHO... We should bear in mind that the group that would riot first in the U.S. is the left-wing, as they already have. Conservatives, by definition, don't want to destroy the cities and towns they live in. And for the most part, they realize that acts of terrorism cause acceptance of one's views, only a little fear at best.

If large riots broke out in a small town or city, it would just be viewed as a tragedy and the town will rebuild they way towns did in the 1960's. If they occur in several major cities and get to the point where the cities and their suburbs are unable to get food and have basic security, as is happening in Egypt, national guard units would be called in. The "good" population would insist on doing whatever is necessary to suppress, and if this was not possible or not ordered by the government, local "good" armed citizens, perhaps half the population, would naturally be driven to form citizen militias. There would be strong affinity, even family ties of the militias to the military and police. The national guards, other military and police would be allied with these "good" citizen militia contingents as that would constitute field expediency. The worse the situation deteriorated, the more elected officials would find it impossible to deny the will of the "good" people. The "patriot" forces would simply do what was necessary to ensure proper decision-making, justice and ultimately, target selection. That's why the commuzzies are dreaming when they think they are going to eventually do away with our American principles. Imagine trying to strong arm 50 million people with guns - many veterans - in every city, suburb and farmhouse across the country.

Long story short, good guys won't shoot good guys under orders from someone else for very long. That's why elections are how they are trying to destroy the Constitution, which simply requires us to wake up everyone we meet to reality so they vote.
29 posted on 02/03/2011 3:33:01 PM PST by PieterCasparzen (Huguenot)
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To: PieterCasparzen

oops ! acts of terrorism Don’t cause acceptance...

That was not a freudian typo !


30 posted on 02/03/2011 3:35:36 PM PST by PieterCasparzen (Huguenot)
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.


31 posted on 02/03/2011 3:39:12 PM PST by loungitude ( The truth hurts.)
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.


32 posted on 02/03/2011 3:39:29 PM PST by loungitude ( The truth hurts.)
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To: Luke21

This is the message I’m getting:

NOTICE: ATDHE.NET was shut down today. We will try anything we can to bring the site back. If you want to continue accessing site please bookmark www.atdhenet.tv.


33 posted on 02/03/2011 3:40:52 PM PST by sergeantdave (The democrat party is a seditious organization and must be outlawed)
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To: mazda77
"He is a congressman, not a Senator."

You mean a Representative. All Senators are congressmen.

34 posted on 02/03/2011 3:44:04 PM PST by Joe 6-pack (Que me amat, amet et canem meum)
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To: The Comedian

I have this link stashed in a mailbox within Eudora. When I run the cursor over the link, w/o clicking, I get a prompt which states that “This is a numerical IP address. Most legitimate sites use names, not numerical addresses.”

I find Eudora’s desire to protect its users to be touching.


35 posted on 02/03/2011 3:49:32 PM PST by reformedliberal
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To: reformedliberal

bttt


36 posted on 02/03/2011 3:58:01 PM PST by ConservativeMan55
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To: The Comedian

Thank you.


37 posted on 02/03/2011 4:31:40 PM PST by MWestMom (Tread carefully, truth lies here.)
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To: The Comedian

Amen!


38 posted on 02/03/2011 5:17:38 PM PST by mojitojoe (In it’s 1400 years of existence, Islam has 2 main accomplishments, psychotic violence and goat curr)
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To: Smogger

Makes me think FreeRepublic should have contingencies for multiple alternate and mirrored domains.


39 posted on 02/03/2011 6:08:27 PM PST by ElkGroveDan (If every person were like Sarah Palin, this world would be a peaceful, beautiful world to live in.)
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To: Smogger

Obama’s Praetorian Guard.


40 posted on 02/03/2011 6:18:12 PM PST by 1010RD (First, Do No Harm)
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To: Smogger
DOJ,NIPR, and HSI.

The three stooges look like geniuses compared to this bunch.

41 posted on 02/03/2011 6:21:37 PM PST by Rome2000 (OBAMA IS A COMMUNIST CRYPTO-MUSLIM)
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To: The Comedian

Great, but the real concern is when it hits the fan, where will Shep get his lipstick?


42 posted on 02/03/2011 6:25:49 PM PST by Rome2000 (OBAMA IS A COMMUNIST CRYPTO-MUSLIM)
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To: Smogger

I’m a bit confused on one point: What bearing does IP enforcement have on homeland security? Are we worried that Al Qaeda is pirating DVDs?


43 posted on 02/03/2011 6:45:19 PM PST by Redcloak (What's your zombie plan?)
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To: Smogger

I may not like how they went about it, but I applaud the move to shut down those sites. They were pirating sports and television feeds, stealing...no other way to put it.


44 posted on 02/03/2011 7:05:19 PM PST by SideoutFred (B.O. Stinks...it really does)
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To: Smogger

Ping


45 posted on 02/03/2011 7:09:35 PM PST by Batman11 (Sarah Palin: "Illegal immigrants are called illegal for a reason!")
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To: snowrip

Issa is in the House, not the Senate.


46 posted on 02/03/2011 7:58:19 PM PST by ratsreek
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To: mojitojoe
Would they allow us to do what they are doing in Egypt?

A free American people don't need no steekin permit to protest our government.

47 posted on 02/03/2011 7:58:41 PM PST by April Lexington (Study the Constitution so you know what they are taking away!)
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To: killermosquito

I think the major league sports leagues are preparing for paid streaming video services over the internet. If I recall correctly, Major League Baseball already has a subscription service to watch any game live for a full season at quite a reasonable price. So I expect that’s where this is going and probably within two years you’ll be able to watch all NFL games with relatively low-quality video on your computer at a low cost on NFL.com. I think they’ll keep the video resolution at a low level so as not to compete directly with HD video on the networks and by subscription from DirecTV.

I think that’s what this is all about: protecting the future revenue of sports leagues from streaming video. But you have to wonder what’s next. As far as I know, sports bars have been picking up satellite broadcasts of major league sports for decades without paying a dime to anyone. Is DHS going to show up at your local sports bar and shut the place down for illegally using satellite dishes to pick up all the games on Sunday? This is starting to go too far. There are enough laws on the federal books to make everyone in America a law-breaker of some kind. DHS has to use sound judgement about which laws really need to be actively enforced.


48 posted on 02/03/2011 8:52:15 PM PST by socialism_stinX (Why did California go bankrupt?...because of unfunded mandates, medicaid, and illegal immigration.)
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To: pallis
This nation won’t be free again until this country rids itself of fascist police organizations that are above the law and the Constitution. To get to there, we will have to rid ourselves of the politicians who keep funding them. Conservative politicians need to get off the federal band wagon, and get back to looking after the liberties of their constituents.

I agree. "Due process" has become only words on a piece of paper. These fascists are running ramshod over our rights and liberties. Now Lieberman and Obama want to be able to shutdown the internet when they deem it necessary just like Mubarak did in Egypt.

49 posted on 02/03/2011 10:00:34 PM PST by apoliticalone
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To: SideoutFred

More power to them! Here is to hoping they far outnumber the “policing” feds.


50 posted on 02/03/2011 10:25:40 PM PST by Soothesayer9
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