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Homeland Security Begins Seizing Domains Again
Including One For A Completely Legal Spanish Company
by Karl Bode Monday 07-Feb-2011 tags: legal · Fileswapping · business · privacy · world · consumers
Late last year the Department Of Homeland Security seized roughly eighty domains, including at least one search engine, under a broad new copyright protection push that is on shaky (at best) legal grounds. DHS continued those domain seizures last week, including a significant portion of domains for streaming websites like ChannelSurfing.net -- clearly as part of an effort to crack down on illegal sports streams ahead of the Superbowl. Except as Techdirt points out, at least one of those seizures was of not only a foreign domain (Spanish streaming site Rojadirecta), but for a legitimate company that has found its streaming rights upheld repeatedly in Spanish courts:

Rojadirecta is not just some fly-by-night operation run out of someone's basement or something. It's run by a legitimate company in Spain, and the site's legality has been tested in the Spanish courts... and the site was declared legal. The court noted that since Rojadirecta does not host any material itself, it does not infringe. So, a full-on trial and legal process that took three years in a foreign country, and involved a series of appeals leading to a final judgment.... all totally ignored by a bunch of US customs agents.

Techdirt goes on to wonder whether or nor the U.S. seizing of legal domains in other countries will result in a movement away from U.S. domains and increased hostility against what many countries already see as too-heavily-U.S.-dominated Internet governance system. The site also asks how U.S. politicians would respond if Spain suddenly began seizing the domains of U.S. companies.

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45612019

join:2004-02-05
New York, NY

The Fascist Empire of the 21st Century

...This is what happens when you let a gigantic corporate state have too much control over the Internet.

I look forward to seeing the amount of control the U.S. has over the Internet decrease because of these antics.
EdmundGerber

join:2010-01-04
kudos:1

Re: The Fascist Empire of the 21st Century

said by 45612019:

...This is what happens when you let a gigantic corporate state have too much control over the Internet.

I look forward to seeing the amount of control the U.S. has over the Internet decrease because of these antics.

Agreed!

Lagz
Premium
join:2000-09-03
The Rock

Re: The Fascist Empire of the 21st Century

Yep, we should let China run it!!!!!

spewak
R.I.P Dadkins
Premium
join:2001-08-07
Elk Grove, CA
kudos:1
Agreed x2!

DrModem
Premium
join:2006-10-19
USA
kudos:1

Re: The Fascist Empire of the 21st Century

Amen to that.
nasadude

join:2001-10-05
Rockville, MD
Reviews:
·Verizon FiOS
said by 45612019:

...This is what happens when you let a gigantic corporate state have too much control over the Internet.

...

it's also what happens when you have an arrogant country whose government is controlled by corporations.

jazzlady

join:2005-08-04
Tannersville, PA

Re: The Fascist Empire of the 21st Century

said by nasadude:

said by 45612019:

...This is what happens when you let a gigantic corporate state have too much control over the Internet.

...

it's also what happens when you have an arrogant country whose government is controlled by corporations.

^^^^What you said^^^^

Exactly. And the American public in a stupor, too busy watching the antics of celebrities on tv to give a damn.

koveus1

@rr.com
Right on the money. TimeWarnerCable is the NSA's best friend.
gorehound

join:2009-06-19
Portland, ME
Agreed.this is bullshit.
i am hating voting for anyone as they are mostly shmucks.
united corporate states of amerika
richardak

join:2001-07-08
Seguin, TX

Re: The Fascist Empire of the 21st Century

No it's not. It's perfectly legal and needs to be expanded.

Anon users

@anonymouse.org
What is the progress of dot-p2p.org??? Is it out yet???
richardak

join:2001-07-08
Seguin, TX

Re: The Fascist Empire of the 21st Century

oh my god, you mean you might actually have to pay for your music/movies/software?

Losers like you belong in Jail.
richardak

join:2001-07-08
Seguin, TX
said by 45612019:

...This is what happens when you let a gigantic corporate state have too much control over the Internet.

I look forward to seeing the amount of control the U.S. has over the Internet decrease because of these antics.

LOL, hey clueless. This is NOTHING wrong with what DHS is doing. These sites facilitate illegal activities. You know it, I know it, EVERYONE knows it.

If anything, we should have more control, not less. The ability for these criminals to hide in other countries needs to end.

45612019

join:2004-02-05
New York, NY

Re: The Fascist Empire of the 21st Century

You're a bit late there buddy.

Might want to go troll some newer stories if you want some people to actually take the bait.

JohnInSJ
Premium
join:2003-09-22
San Jose, CA
Reviews:
·PHONE POWER
·Comcast

loophole...

So, although the site does allow one to access copyright infringing streams, they don't host the streams, so they don't break any law... but of course going to the site, and streaming, you are subverting copyright protection on the material you access.

Mkay.
--
My place : »www.schettino.us

BF69
Premium
join:2004-07-28
Camden, TN

Re: loophole...

said by JohnInSJ:

So, although the site does allow one to access copyright infringing streams, they don't host the streams, so they don't break any law... but of course going to the site, and streaming, you are subverting copyright protection on the material you access.

Mkay.

That's like saying if you allow 2 drug dealers to do business out of your house but you yourself don't sell any drugs you're not legally liable in any way.

Dest
Bolo
Premium
join:2000-03-21
Naperville, IL

Re: loophole...

said by BF69:

said by JohnInSJ:

So, although the site does allow one to access copyright infringing streams, they don't host the streams, so they don't break any law... but of course going to the site, and streaming, you are subverting copyright protection on the material you access.

Mkay.

That's like saying if you allow 2 drug dealers to do business out of your house but you yourself don't sell any drugs you're not legally liable in any way.

more like... the CITY is not liable just because there are drug dealers doing business in the city, as long as the city made efforts to remove said drug dealers

JohnInSJ
Premium
join:2003-09-22
San Jose, CA
Reviews:
·PHONE POWER
·Comcast

Re: loophole...

said by Dest:

as long as the city made efforts to remove said drug dealers

By, for example, shutting down the crack house. Or the domain.
--
My place : »www.schettino.us

BF69
Premium
join:2004-07-28
Camden, TN
said by Dest:

said by BF69:

said by JohnInSJ:

So, although the site does allow one to access copyright infringing streams, they don't host the streams, so they don't break any law... but of course going to the site, and streaming, you are subverting copyright protection on the material you access.

Mkay.

That's like saying if you allow 2 drug dealers to do business out of your house but you yourself don't sell any drugs you're not legally liable in any way.

more like... the CITY is not liable just because there are drug dealers doing business in the city, as long as the city made efforts to remove said drug dealers

Um no. My analogy is right. The CITY would be the ISP.

Dest
Bolo
Premium
join:2000-03-21
Naperville, IL

Re: loophole...

Right so let's go sue cities just because crack dealers are selling somewhere in the city.

a city don't sell the crack, but just by existing they allow the crack dealer to sell crack, how's that different than the website? The one in question do comply with take down request and is already proven legal in a court of law. Can you imagine the outcry if some country say France decide to hijack Youtube's domain name?
innoman
-
Premium
join:2002-05-07
Dallas, TX
kudos:1

Re: loophole...

This analogy does not fit.

Linklist
Premium
join:2002-03-03
Longport, NJ
kudos:5

Who actually removes the domains from the system

Homeland Security/Customs may actually issue the order, with court approval. But who actually removes the domains from the system? Which group in the US has the levers to do the removals?

kapil
The Kapil

join:2000-04-26
Chicago, IL

Re: Who actually removes the domains from the system

Probably the individual registrar used by the domain owner to register the domain. I'm sure a nastygram on DHS letterhead is enough to get any registrar to buckle.

If that fails, I'm sure the registry operator for the TLD in question would be the next target.

I doubt ICANN gets involved.
--
»www.VoIPTrunk.com

FBGuy
Premium
join:2005-03-19
Evanston, IL
Reviews:
·Comcast
·T-Mobile US

Re: Who actually removes the domains from the system

said by kapil:

If that fails, I'm sure the registry operator for the TLD in question would be the next target.

I doubt ICANN gets involved.

if that is all that is necessary for due process then I fear for the future of our society.
innoman
-
Premium
join:2002-05-07
Dallas, TX
kudos:1

Re: Who actually removes the domains from the system

this fear should not be new.

FBGuy
Premium
join:2005-03-19
Evanston, IL

Re: Who actually removes the domains from the system

sorry maybe i should have said that I fear for the future of the internet
Kearnstd
Elf Wizard
Premium
join:2002-01-22
Mullica Hill, NJ

Re: loophole...

I would imagine there is a law in place that prevents the restar from telling DHS to go Fsck itself? well unless they come with a court order in which case there is no choice. but id imagine short of an order from a judge DHS really can't make them do anything. they likely do it out of fear.
--
[65 Arcanist]Filan(High Elf) Zone: Broadband Reports

SLD
Premium
join:2002-04-17
San Francisco, CA

Re: loophole...

Are you implying that DHS uses Linux?!

cdru
Go Colts
Premium,MVM
join:2003-05-14
Fort Wayne, IN
kudos:7
said by Kearnstd:

well unless they come with a court order in which case there is no choice. but id imagine short of an order from a judge DHS really can't make them do anything. they likely do it out of fear.

The seizure last year was approved by a judge. While it probably didn't take much more than a rubber stamp to get it approved, it did go through the legal process so in that regard, the registrar did not have any choice.

Don't blame the registrar, blame ICE, the legal system, and due process not having a chance.

P Ness
You'Ve Forgotten 9-11 Already
Premium
join:2001-08-29
way way out
Reviews:
·Comcast
said by JohnInSJ:

So, although the site does allow one to access copyright infringing streams, they don't host the streams, so they don't break any law... but of course going to the site, and streaming, you are subverting copyright protection on the material you access.

Mkay.

so then you better stop going to google...oh and every search....
--
NO U
milkman82

join:2006-06-19
Lakewood, OH

Ok...but...

I thought Homeland Security was to protect us from "war" threats? However, something is misusing the power for protecting us from piracy? I am understanding this correctly?? Another case of good things falling into the wrong hands...

See 7 replies to this post

RockCake
Premium
join:2005-07-12
Woodbridge, VA

They may have stopped ChannelSurfing...

...but others will take their place.

rchandra
Stargate Universe fan
Premium
join:2000-11-09
14225-2105

wrong target

This seems an awful lot to me like trying to pin fatal gunshots on gun manufacturers or sellers. No, my friends, it is neither of those; go after those misusing technologies (or guns), not the conduits of same. If you're going to allow seizure of domain registrations, you might as well just do the Egyptian ISP thing and shut down Internet companies. After all, aren't the ISPs complicit in allowing these infringers to get their ill-gotten "goods?"
--
English is a difficult enough language to interpret correctly when its rules are followed, let alone when a writer chooses not to follow those rules.


Jeopardy! replies and randomcaps REALLY suck!
moonpuppy

join:2000-08-21
Glen Burnie, MD

So who is Obama going to throw under the bus?

Janet Napolitano? She is the director and she has to answer for this stupidity.

Wonder how long before we get calls to get rid of control of ICANN and if our current President just lets it happen.


AdamB

join:2001-01-07
Columbus, OH

Re: So who is Obama going to throw under the bus?

You do realize they have been doing this for years, right?
moonpuppy

join:2000-08-21
Glen Burnie, MD

Re: So who is Obama going to throw under the bus?

said by AdamB:

You do realize they have been doing this for years, right?

Of course but you should also realize there are always scapegoats that need to fall on the sword.

fuziwuzi
Not born yesterday
Premium
join:2005-07-01
Atlanta, GA

isolation

Maybe the rest of the world should simply turn their backs on the ever-sinking US. Europe and Asia should seize domains of US companies, impose tariffs on US goods and services, seize control of US businesses operating in their countries. Man, I'd love to see that. The Corporate States of America needs to be knocked down a few pegs before it is allowed to become even more draconian.
MyDogHsFleas
Premium
join:2007-08-15
Austin, TX
kudos:5
Reviews:
·Mediacom
·RoadRunner Cable

"Not illegal in Spain" equals "Completely Legal" ??

How do we get from A to B in this news story? I don't see the logic.

The analogy I can see is LimeWire, which also did not host any infringing content, but was also found in violation and shut down. So I think the standards in the USA are different from the standards in Spain.

See 9 replies to this post

Augustus III
If Only Rome Could See Us Now....

join:2001-01-25
Gainesville, GA

LOL

Few years ago i regged a domain with godaddy (mistake 1). didn't need it but just did it. not my first domain ive ever registered and so forth.

apparently i had to pay something stupid like 10$ per year to have my personal information "hidden" off the public whois.

so.. naturally i said no. after registration i went into the control panel and edited my whois info to a very believable entity and what not.

10 hours later, they cancelled my registration and refunded my money. no explanation given. i didnt care to inquire either.

i just laughed so hard.

basically domains and icann in general are both scams
PDXPLT

join:2003-12-04
Banks, OR

Re: LOL

godaddy just did what they are contractually obligated to do. They are required to maintain accurate WHOIS.
flyingjoey

join:2005-11-07
Jersey City, NJ

This is BULLSH1T!

Instead of the government wasting time on this crap, they should be focusing on preventing another 9/11 from happening.

See 6 replies to this post

Murdoc
Premium
join:2009-02-08
Manitowoc, WI

Cut funding to DHS....

That is whats sucking this country dry with their incessant nonsense. They seem to cause more problems then they solve. Cut fema funding too. These two departments go hand in hand with police state tyranny.
wahoospa

join:2006-03-23
Charleston, SC

Re: Cut funding to DHS....

Those sites are still available with a different extension after the '.' in their name.

TamaraB
Question The Current Paradigm
Premium
join:2000-11-08
Da Bronx
Reviews:
·Optimum Online
·Clearwire Wireless

Re: Cut funding to DHS....

said by wahoospa:

Those sites are still available with a different extension after the '.' in their name.

Yeah! Like Rojadirecta.es

pnh102
Reptiles Are Cuddly And Pretty
Premium
join:2002-05-02
Mount Airy, MD
said by Murdoc:

That is whats sucking this country dry with their incessant nonsense. They seem to cause more problems then they solve. Cut fema funding too. These two departments go hand in hand with police state tyranny.

Amen.
--
"Net Neutrality" zealots - the people you can thank for your capped Internet service.
innoman
-
Premium
join:2002-05-07
Dallas, TX
kudos:1
DHS needs to go away. We have plenty of other organizations in this country that can handle the important parts of what they do.

fatness
subtle
Janitor
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fishing
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Department of NFL Security

Since everyone knows that the Super Bowl is an integral part of defending our homeland from terrorism, DHS has once again come to our defense by seizing unlicensed NFL jerseys.

quote:
Under the law, agencies such as Immigrations and Customs Enforcement and Customs and Border Protection, both part of Homeland Security, are allowed to conduct "border authority" searches of overseas shipments without a search warrant or judicial approval. That's what they did at DHL starting on Wednesday.
Of course, now that they've got the threatening jerseys you won't be getting your money back if you ordered one. Defending the NFL is a national security issue, not defending customers.
quote:
Most of the shirts and other items were ordered online, but customers are probably out of luck if they hope to get their money back.
We're safer now.
--
I don't have a problem!

cdru
Go Colts
Premium,MVM
join:2003-05-14
Fort Wayne, IN
kudos:7

Re: Department of NFL Security

said by fatness:

Of course, now that they've got the threatening jerseys you won't be getting your money back if you ordered one. Defending the NFL is a national security issue, not defending customers.

And how exactly would the ICE or any other federal agency get their money? The funds are probably dumped nightly if not more frequently to someone living in another country.

quote:
Most of the shirts and other items were ordered online, but customers are probably out of luck if they hope to get their money back.
Call your credit card company and tell them the merchandise was never delivered. There's your money back.

And next time, don't order a site selling an "authentic" jersey at 10% it's normal price. If it's too good to be true...

fatness
subtle
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Forum Feature Requ..
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Re: Department of NFL Security

said by cdru:

said by fatness:

Of course, now that they've got the threatening jerseys you won't be getting your money back if you ordered one. Defending the NFL is a national security issue, not defending customers.

And how exactly would the ICE or any other federal agency get their money?

DHS is making sure the NFL gets their money. I don't agree they've got no way to get money back for consumers if they wished to do so. Unhampered by legal constraints and with a huge and growing budget, DHS can do just about anything they want to.

It's a matter of what they want to do, not how.
--
I don't have a problem!

Kommie
Premium
join:2003-05-13
united state
kudos:2

ChannelSurfing.net

New Ip: »89.248.174.98

TamaraB
Question The Current Paradigm
Premium
join:2000-11-08
Da Bronx
Reviews:
·Optimum Online
·Clearwire Wireless

Re: ChannelSurfing.net

said by Kommie:

New Ip: »89.248.174.98

It's back up here: Watch Online TV, Sports, News and Entertainment for FREE at Channelsurfing

Thanks DHS! I didn't know about this site till now.
richardak

join:2001-07-08
Seguin, TX

Re: ChannelSurfing.net

and now you need to go to jail for copyright theft. Freaking loser.
richardak

join:2001-07-08
Seguin, TX
Here's hoping that someone busts your door down and takes you jail. freaking criminal.

Kommie
Premium
join:2003-05-13
united state
kudos:2

People need to stop voting Republican and Democrat

People need to stop voting Republican and Democrat and realzie Ralph Nader is right!
Pv8man

join:2008-07-24
Hammond, IN

Re: People need to stop voting Republican and Democrat

Agreed, Ron Paul included...as he is actually a libertarian conservative
»en.wikipedia.org/wiki/Ron_Paul

His consistent voting record speak for itself
old_wiz_60

join:2005-06-03
Bedford, MA
Reviews:
·Verizon FiOS

Homeland Security..

needs a new name. They have simply become a tool for the entertainment industry with zero interest in protecting american citizens. Terrorists are not their concern unless they are selling pirated CDs or DVDs. Terrorists with bombs and guns don't worry them anymore.

Legal grounds don't worry them - they just go ahead and do what they please, like most of the DOJ and the rest of the government.

Was there ever a day when the DOJ really paid attention to the law instead of just doing whatever they wanted to do?

Twaddle

@sbcglobal.net

Re: Homeland Security..

I wonder if DHS monitors this site for "unhappy" citizens so they can take appropriate action via attitude adjustment? Seems DHS is everywhere EXCEPT for their intended purpose. I feel safer now that DHS is watching our borders so effectively, especially in the SouthWest corridor, and have seized questionable NFL branded products. Lord, who knows, maybe that knock-off is really a clever terrorist ploy to cripple the american economy.
stufried
Premium
join:2003-10-13

No Due Process

I really have a problem suggesting that this is a "search warrant." They haven't commandered the evidence, they've webjacked the domain name.

It is done without prior notice, an opportunity to be heard, and their notices conspicuously don't appear to give notice about how to appeal the seizure.

I note the site is backup at Rojadirecta.es.

schmol

join:2001-12-26
Windsor, PA

Re: No Due Process

homeland security should be disbanded...I'm sure I'll get a phone call for this post
kevinds

join:2003-05-01
Calgary, AB
Should it be challanged, for not following the law - for example, the Gov't departments will just change the law.

Those are the people with the power to change the law at a moment's notice.

But yes, a few sites come to mind that are no longer using .com anymore...
Davesnothere
No-BHELL-ity DOES have its Advantages

join:2009-06-15
START&Cogeco
kudos:6

How it Works ?

AFAIK, last year, when the previous seizures happened, I participated in a thread - maybe in CBB forum here - where we reached the conclusion that many of the domains were taken down at the registrar level, as they were NOT dot-COMs but were instead dot-TVs (for example), and that NSI (Network Solutions Inc), who is a US firm, is the outsourced registrar of choice of some of the tiny offshore countries who do not have the resources to set up their own registrar.

Apparently, under those conditions, it is technologically as simple as changing the 'Hosting Record' of the registrar database, and pointing it to a server run by H.S., and after a day or so, the world's DNS server records dutifully follow that change in good faith, just as if the original registrant had deliberately changed hosting providers.

Obviously, NSI had to cooperate with HS in order for that to happen, but that is not the main topic of my post.
firedrakes

join:2009-01-29
Arcadia, FL

gov

i say it again. were heading to a point of a civil war again with the people vs the gov

XPAMD
Premium
join:2002-06-08
united state

Re: gov

I've thought that myself, probably within the next 20 to 30 years.

KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK
Terrorist mentality detected, Homeland Security notified. Targets identified for interrogation and reprogramming.
zen1

join:2010-12-06

it seems Verisign is the one that got the sealed orders

»domainincite.com/icann-had-no-ro···domains/ this may be true..
dclee9

join:1999-10-17
Walnut, CA

DHS and ICE need to find a day job

looks like they didn't have to worry any about real life and security mid and low income family, only lifestyle of the riches and the top 2%.

while DHS and ICE are working fully for the riches and top 2%. In fact we are losing the fight with terrorist because DHS and ICE are side tracked for the "mission critical" movies websites. not the facebook account of the terrorist.

KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK

Result: Internet Infrastructure will move offshore

Because of fascist crap like this.

Result we'll lose more jobs and more money will flow from the USA overseas.

It's really stupid.
--
"Fascism should more properly be called corporatism because it is the merger of state and corporate power." -- Benito Mussolini

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