Are Homeland Security's Domain Seizures Actually Working? Doesn't Look Like It

from the the-definition-of-insanity dept

In talking about Homeland Security’s domain name seizures, one of the lines that’s been trotted out by Homeland Security and supporters of these actions, such as the MPAA, is that these seizures are “working” in terms of taking down sites and keeping them down. We’ve pointed out that this was not true, but the good folks over at TorrentFreak went deeper and looked at all of the sites seized for copyright infringement claims, and found that the vast majority of them came back online pretty quickly, contrary to the claims of both the MPAA and Homeland Security. So, why do they keep claiming that these seizures are working?

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Comments on “Are Homeland Security's Domain Seizures Actually Working? Doesn't Look Like It”

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28 Comments
Anonymous Coward says:

Re: Re:

Yeah, almost all the trackers I used moved after the first round. Early on, I was predicting an swift end to .com in general (after all, ANYONE can have their site seized just because someone tells ICE to do it). I still think that’s plausible. The public is savvy enough now to know there’s more than just .com.

Anonymous Coward says:

Would it not then be fair to say that the refrain “censorship and no due process” is almost completely undercut by real world events because the seizures of the domain names were apparently little more than a bump in the road representing merely a cost of doing business?

It could be argued that the facility by which off-shore companies can do an end-around US law lends support for legislation such of COICA?

coldbrew says:

Re: Re:

I don’t give a fuck about the effectiveness of the moves as they relate to IP. But, I deeply care about protecting the Constitution. Most people I know care about the Constitution. COICA is simply unconstitutional. There is nothing which, “lends support for legislation such of COICA?[sic]”, and I would warn you that espousing such support may cause some people to demonstrate what another part of the Constitution means. Namely, the 2nd amendment.

Not an Electronic Rodent says:

Re: Re: Re: Re:

am having great difficulty identifying the constitutional rights associated with persons who operate with relative impunity outside the borders of US jurisdiction.

No they instead have rights under their own laws that determine what is and isn’t legal for themselves as soverign nations. I know it may seem strange to a number of Americans (including its government it often seems) but the whole world is no more subject to American law than protected by its constitution.

“Because we say so and we’re AMERICAN!” is not a terribly compelling argument to implement an international agreement that tramples rough-shod over what other countries laws in favour of measures that primarily benefit American protectionism. That’s why you see COICA being negotiated around the world in a series of closed-room shady deals often accompanied by posturing, bullying and bribery.

Mike Masnick (profile) says:

Re: Re:

Would it not then be fair to say that the refrain “censorship and no due process” is almost completely undercut by real world events because the seizures of the domain names were apparently little more than a bump in the road representing merely a cost of doing business?

No, that would not be “fair.” As you well know, (you do, right?) prior restraint applies even in cases where the censored party still has other avenues to speak. The classic example, of course, is a tax on ink. Papers could still print, but it was still viewed as prior restraint.

That they can still get out there, after routing around the censorship does not mean the censorship did not take place.

As for the due process claim, this part has nothing to do with due process.

It could be argued that the facility by which off-shore companies can do an end-around US law lends support for legislation such of COICA

I don’t see how that’s true at all, since COICA does not change any of this. It just extends the existing situation.

Anonymous Coward says:

Re: Re: Re:

The classic example, of course, is a tax on ink. Papers could still print, but it was still viewed as prior restraint.

Really? They could still print? LOL

What else did they print their newspapers with besides ink, Mike?

Why do you bother posting such silly bullsh*t? Do you really think your audience is stupid? That they don’t notice the blatant contradictions you’re so famous for?

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