The news you're not supposed to know...

Austrian Economics: Understand Economics, Understand the World
The Century of the Self: The Untold History of Controlling the Masses Through the Manipulation of Unconscious Desires
The Disappearing Male: From Virility to Sterility

The Obama Deception: The Mask Comes Off
Operation Gladio: The Hidden History of U.S. Sponsored False Flag Terrorism in EuropeThe New American Century: The Untold History of The Project for the New American Century
Article posted Feb 02 2011, 1:08 AM Category: Big Brother/Orwellian Source: Techdirt Print

Homeland Security Seizes Spanish Domain Name That Had Already Been Declared Legal

by Mike Masnick, Techdirt

It appears that Homeland Security's Immigration and Customs Enforcement (ICE) division, and their incredibly sloppy domain seizure operations, have moved on to the next phase -- as was promised by both ICE boss, John Morton, and IP Enforcement Coordinator, Victoria Espinel. The timing on this one is particularly bizarre -- and politically stupid.

That's because the the domain seizure is for the Spanish streaming site Rojadirecta. Yes, ICE seized the domain name of a foreign company. And it gets worse. 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.

You might think some folks in Spain would have a pretty serious issue with this move.

And the timing is especially ridiculous, given that the US has been pushing very, very hard for Spain to implement a new copyright law, driven in large part by Hollywood. With many in Spain already furious about US meddling in their own copyright laws, I can't imagine that having US customs agents reaching across the Atlantic to just out and out seize a Spanish company's domain name is going to go over very well.

Imagine if a Spanish law enforcement agency did that to a US company? How quickly would we see American politicians screaming about this "international incident." Yet, here we have Homeland Security reaching out to seize the domain name of a foreign company that has been explicitly declared legal, after going through a lengthy trial and appeals process in its native country. And, in typical Homeland Security fashion, no one bothered to contact the company and let them know or express its concerns. Instead, it just seized the domain.

I would imagine that doing so may upset Spanish citizenry even more than the attempt to rewrite copyright laws in Hollywood's favor.

And of course, it appears that, despite the serious questions raised about the last domain seizures, in particular of blogs with substantial non-infringing uses, ICE has also seized another blog, called StrikeGently, which appears to have included lots of other content. Yes, it did also include some links to downloads hosted on other sites, but did not host any content directly itself, and appears to have included plenty of other content beyond the links to downloads. Once again, no one is saying that the site is clearly legal. It may, in fact, be liable for inducement. However, that's something that's supposed to be determined at trial, and not after the government steps in with no notice whatsoever and takes the domain name away.

Apparently, Homeland Security and ICE have decided that the mistakes it made last time are so minor that it will repeat them again and again, even if it involves shutting down protected speech and interfering in international relations.

Latest Big Brother/Orwellian
- Undercover Agents Fathered Children With Women After Infiltrating Activist Groups
- WeAreChange Blocked in France Because of New Censorship Law
- Pew Research Poll: 40% of Millennials Want to Restrict Free Speech
- France Responds to Paris Attacks by Rushing Through Internet Censorship Law
- After Endless Demonization of Encryption, Police Find Paris Attackers Coordinated Via Unencrypted SMS
- VIDEO: 'Safe Space' Students Silence Asian Woman For Saying 'Black People Can Be Racist'
- Fourth Grader Threatened With Sexual Harassment Charges For Writing Love Letter
- DEA Running Massive Wiretap Program Almost Entirely Through a Single California County Courthouse

Comments 1 - 2 of 2 Add Comment Page 1 of 1

Posted: Feb 02 2011, 10:40 AM

9224 What I don;t understand is how this has become a DHS issue and where their jusrisdiction comes from. The US government has become an out of control bureaucratic dictatorship.

Posted: Feb 03 2011, 1:01 AM

652 You forgot the french ADTHE... good thing they changed it to .me. Bunch of nonsense because they do not broadcast anything, they just provide links. If they shut it down because they provide games highlights then they should shut down YOU TUBE.

Add Comment


Verification *
Please Enter the Verification Code Seen Below

Please see our About Page, our Disclaimer, and our Comments Policy.

This site contains copyrighted material the use of which in some cases has not been specifically authorized by the copyright owner. Such material is made available for the purposes of news reporting, education, research, comment, and criticism, which constitutes a 'fair use' of such copyrighted material in accordance with Title 17 U.S.C. Section 107. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner. It is our policy to respond to notices of alleged infringement that comply with the DMCA and other applicable intellectual property laws. It is our policy to remove material from public view that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our members or users.

About Us - Disclaimer - Privacy Policy

Advanced Search


Remember Me
Forgot Password?

World's Most 'Adorable' Drug Kingpin Is Actually The Daughter of Texas DEA Head Honcho - 11/26Heroic Cops Protect Community by Raiding a Group of 90-Yo Women Playing Mahjong - 11/26Good News: Law Schools In Decline, Bar Passage Rates Plummeting - 11/26Let's Talk About...The Plague - 11/26VIDEO: Language Barrier Leads to Seattle Cops Punching Man 17 Times - 11/26VIDEO: Chicago Protester Gives Cop Epic Stare Down - 11/26Video Of Chicago Cop Murdering Teen Shows Another Shooting of Convenience - 11/25California Police Used Illegal Wiretap Warrants in Hundreds of Drug Prosecutions - 11/25

Man Follows Speeding Cop, Finds Out He Was Speeding To Buy PeanutsMission Creeps: Homeland Security Agents Confiscate Women's Panties For 'Copyright Infringement'Cop Shoots Couple's Dog, Threatens Jail For Trying To Save Dog's LifeSWAT Team Shoots Teen Girl & Her Dog During Pot Raid On Wrong HomeDurham, NC Cop Testifies Faking 911 Calls To Enter Homes Is "Official Policy"Indiana Sheriff Says US A "War Zone" To Justify New MRAP Military VehicleTampa Cops Surveil Pot Dealer, Catch Him Selling Pot, Raid His Home & Kill Him"You Just Shot An Unarmed Man!": Witness Says Police Shot His Friend With His Hands Up