DomainSeizure
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Federal domain seizure raises new concerns over online censorship
It's been a little more than a year since the US government began seizing domains of music blogs, torrent meta-trackers and sports streaming sites. The copyright infringement investigation, led by US Immigrations and Customs Enforcement (ICE) authorities, quickly raised eyebrows among many free speech and civil rights advocates, fueling a handful of legal challenges. Few are more compelling, or frightening than a case involving Dajaz1.com. As TechDirt reports, the popular hip-hop blog has been at the epicenter of a sinuous and seemingly dystopian dispute with the feds -- one that underscores the heightening controversy surrounding federal web regulation, and blurs the constitutional divide between free speech and intellectual property protection. Dajaz1 was initially seized under the 2008 Pro IP Act, on the strength of an affidavit that cited several published songs as evidence of copyright infringement. As it turns out, ,any of these songs were actually provided by their copyright holders themselves, but that didn't stop the government from seizing the URL anyway, and plastering a warning all over its homepage. Typically, this kind of action would be the first phase of a two-step process. Once a property is seized, US law dictates that the government has 60 days to notify its owner, who can then choose to file a request for its return. If the suspect chooses to file this request within a 35-day window, the feds must then undertake a so-called forfeiture process within 90 days. Failure to do so would require the government to return the property to its rightful owner. But that's not exactly how things played out in the case of Dajaz1. For more details on the saga, head past the break.
Chanel counterfeiters beware: US federal court orders domain names seized and de-indexed
We're well versed in the art of the gadget KIRF 'round these parts, but counterfeiting's a problem faced by the fashion world, too. Chanel filed suit in federal court to stop hundreds of websites from selling KIRFs of its gear, and the judge recently ordered the seizure and transfer of those domain names to GoDaddy to hold in trust until the case is resolved. It was also decreed that they be stricken from the indices of search engines and social media -- including, but not limited to Bing, Google, Facebook, and Twitter. So it seems the federal courts have obtained the ability to order that legal remedy (the de-indexing) be given by companies not party to a lawsuit (Google, et al), though we know of no law granting it such powers. Of course, we can't know for sure until one of the accused copycat sites decides to lawyer up and fight back. Until then, fashion KIRFs beware: the feds can apparently wipe every trace of you from the internet.
US judge won't return seized URL to Rojadirecta.com, absolutamente no
Welcome to the homepage of popular sports streaming and p2p site Rojadirecta.com. Why all the birdy logos and harsh words about going to prison? Well, it's a convoluted story, which began when a whole bunch of sports sites -- including Rojadirecta -- were summarily seized by US Immigration and Customs Enforcement, based on "probable cause to believe" they'd been involved in copyright infringement. Awkwardly, the Spanish owners of this particular site had already been cleared of any wrongdoing by courts in Spain, but this counted for nada because their .com URL was American. So, their one hope was to convince a US judge that the seizure violated the First Amendment and should be overturned. This case won support from freedom of speech activists like the Electronic Frontier Foundation, but on Thursday it finally failed. The presiding judge ruled that no rights had been violated, because Rojadirecta could easily set up shop at a non-US address and continue to function. Bad news indeed for the Spaniards -- maybe they should move to the UK, where due process takes a whole lot longer.
