Congresswoman Lofgren: Domain Seizures Trample on Due Process

March 14, 2011 -

Silicon Valley Congresswoman Zoe Lofgren (D-CA.) says that seizing web sites and web domains tramples on due process. Speaking at length with Ars Technica, Lofgren takes aim at the administration's efforts to take down web sites that allegedly engage in illegal activity like file-sharing, copyright infringement and counterfeit goods.

Lofgren starts by saying that ICE doesn't have the authority to do what they are doing, that they are trampling on due process because the seizures are almost instant, and that - in some cases - they have violated the first amendment rights of some domain owners. Here is more on that from Lofgren:

"I think I mentioned during the hearing the debacle with the mistaken domain name takedowns in the pornography effort where they basically slandered thousands of people by saying that their sites had been taken down as consequences of child pornography. Can you imagine as a small businessperson what that would do to your business, if you are completely innocent? It's a mess.

Their apparent complete disregard of the Digital Millennium Copyright Act remedies, where Congress laid out a scheme where you get notice and takedown—that's the way you deal with this. They never apparently even inquired about that. Further, I think it's just stunning to think that they would believe that linking sites—they went after Torrent Finder. It's a search engine! What's that got to do with this? I mean, if they're right that they can simply seize that search engine, they can seize Yahoo or Google or Facebook."

In this next comment, Lofgren zeroes in on the whole issue of due process:

"You've got the prosecutors coming in, they have a judge sign something, and the people whose property is being seized are never heard from. It doesn't appear, honestly—though it would not solve the due process problems—that there's much inquiry on the part of the prosecution, either. Is there a fair use right? Is there an authorized use? Is there legitimate business going on? There's no opportunity for that to be raised, and once the damage is done, it's done."

Finally, she talks about whether the COICA will pass this year:

"I don't know. I think if the American people wake up to what this is, we might have a more vigorous debate. I think of some of my new colleagues on the Republican side and the Tea Party who are worried about big government overreach… I mean, check this out!"

Read the rest of the interview on Ars Technica.


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MattsworknameBIG: how does that make sense?08/05/2015 - 12:18am
Big PermLenny Kravitz penis has been trending all day08/04/2015 - 11:45pm
MattsworknameSo far, Win 8 gave me nothing but problems08/04/2015 - 11:18pm
MattsworknameI;ll see what I can come up with tomarow08/04/2015 - 11:16pm
ZippyDSMleethose is the issue.08/04/2015 - 10:47pm
ZippyDSMleeOdd, even with admin? I have UAC turned off so I do not have to fuss with it too much, also in order to run FO3/NV you need DX,VC++ 010, mmm might try and download VC++ distro pack both 32 and 64bit from 8 to 2012 or so and isntall them see if one of thos08/04/2015 - 10:46pm
MattsworknameTried that 2 zippy, it still wouldn't work08/04/2015 - 10:43pm
ZippyDSMleeI have had to run NV in compatibility mode before. I have both FO3 and NV running fine with a bunch of mods on win8.108/04/2015 - 10:24pm
MattsworknameI did the direct x 9 fix, issue remains08/04/2015 - 10:13pm
MattsworknameI've had issues with it since the start really, as soon as I tried to run it on Win 8.1, vegas woudl crash as soon as i launched it, even when using the base game08/04/2015 - 10:12pm
MattsworknameManta: I run into issues the moment I try to use any mods. and some times even no mods08/04/2015 - 10:09pm
MattsworknameChris ray gun on the gawker media scandel from a few weeks back https://www.youtube.com/watch?v=apGv0KTV9IM08/04/2015 - 10:08pm
black mantaFunny, Matt. I've been able to run it from Steam no problem.08/04/2015 - 10:02pm
Big PermDo you need Directx 9.0c still? Should be a manual download for win 7/808/04/2015 - 9:55pm
MattsworknameBlack manta; I've been trying to get vegas and 3 to work on windows 8 for months and no method I tries fixed it manta08/04/2015 - 9:53pm
Big PermOh wow, yeah cleared my entire history and now suggestions are subs instead08/04/2015 - 9:15pm
Big PermI think you can mecha. Unless it's just removing it from your UI and still tracking it behind the scenes08/04/2015 - 9:11pm
MechaTama31It would be nice if Youtube just let you delete a video from your history, like Netflix does.08/04/2015 - 9:09pm
black mantaF3 and NV have long been since fixed. They run great on Windows 8 and 8.1. And there's also the Unofficial Patch for F3 and the Mission Mojave patch for NV in case they don't.08/04/2015 - 9:05pm
MattsworknameYeah Big, but for those who had the game for long times, it is to late for that08/04/2015 - 8:43pm
 

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