Homeland Security's 'Evidence' For Domain Seizures Also Included Songs Sent By Labels

from the this-gets-worse-and-worse dept

We've already covered some of the serious problems with the "affidavit" filed by Homeland Security's Immigration and Customs Enforcement (ICE) unit, highlighting confusion about both how the internet works and the law itself. The affidavit was written by a recent college grad who appears to have little experience in the subject matter. What we had seen so far was only a partial version of the affidavit, covering the reasons for seizing Torrent Finder's domain. It was full of both technical and legal inaccuracies, which are troubling. The NY Times apparently got its hands on the entire affidavit (though, oddly, doesn't appear to offer it for download, as far as I can tell), and showed part of it to the operator of dajaz1.com, one of the sites that was taken down. The operator of the site notes that many of the examples used in the affidavit of infringing content were sent by the record labels themselves, and he showed the NY Times reporter the emails from labels sending the songs that were named in the affidavit. Hopefully the guy who operates the site has lined up competent legal help, because the more evidence that comes out in this case, the worse and worse Homeland Security/ICE is looking.

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    Marcus Carab (profile), 20 Dec 2010 @ 9:40am

    To everyone who thinks that having "significant infringing content" is reason enough to seize a domain, this should make it clear why things don't work that way. This is exactly why the DMCA deals only with specific infringing items - broad strokes are all-but-guaranteed to censor legitimate content.

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