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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james_fudgeI blame Andrew for this.06/30/2015 - 8:10am
Goth_SkunkAnd at long last, I think I'm finally done.06/30/2015 - 3:08am
Goth_SkunkAnd if those progressive games fail to make any headway in the market, don't blame gamer culture for not being cultured enough to appreciate the product. Own up to the fact that the game either sucks, is not interesting, or both.06/30/2015 - 3:06am
Goth_Skunknor suggest that the games industry and culture is rife with toxicity because of it and needs to change for the good of the medium. There is room in the market for progressive games to co-exist with games like Hatred, not replace them outright.06/30/2015 - 3:04am
Goth_SkunkAnd if the overly violent content of most AAA games or the perceived mistreatment of women in such games bothers one, by all means criticize it, but do not under any circumstances suggest that it such content shouldn't exist or be promoted,06/30/2015 - 3:02am
Goth_SkunkGames, for the most part, let you do this! You can be the man or woman you're not. You can escape reality and immerse yourself in the experience. And that's wonderful! I play as female characters all the time in games I play, when the option is available.06/30/2015 - 2:59am
Goth_SkunkA choice that nature denied transgender people at birth! People don't undergo gender reassignment because they want to be transgender; they undergo gender reassignment because they want to be the gender they identify with!06/30/2015 - 2:52am
Goth_SkunkBut I think it gets silly when people start asking for the ability to play as a transgender protagonist. I mean, why would one do that? One usually has the option to create a character that's either a man or a woman, gay or straight. You have the choice!06/30/2015 - 2:50am
Goth_Skunkfirst two games, a move which was ultimately corrected in the 3rd game. By extension, Dragon Age has always had the option, and good on it!06/30/2015 - 2:45am
Goth_SkunkBut it certainly is good to see developers entertain the allowance of allowing the player to develop their protagonist to be homosexual if they want. The Mass Effect series was criticized rightly for not allowing a male homosexual romance plot in the06/30/2015 - 2:44am
Goth_Skunkand only just by the slimmest of margins. Homosexuality is sadly still a hot button controversy in the USA, which makes developing a noteworthy game with a hardcoded homosexual lead or theme a dangerous risk to take.06/30/2015 - 2:37am
Goth_SkunkThe United States is the largest single customer base for video games in the world, and it only just mandated by rule of its Supreme Court that marriage ought to be just as much an inalienable right for homosexuals as it is for heterosexuals,06/30/2015 - 2:35am
Goth_SkunkFor example, it would be difficult for a developer to produce a AAA quality game where the protagonist is hardcoded to be MtF transgender, and convince enough people to buy it in order to make it worth its production costs.06/30/2015 - 2:31am
Goth_SkunkNo Mecha, not woe unto those who ask for representation. By all means, ask and be represented. I don't have an issue with it, nor would I say anyone in GamerGate does either. But be reasonable about asking too.06/30/2015 - 2:27am
Goth_Skunkthat would've made Benedict Arnold raise a glass in toast.06/30/2015 - 2:25am
MechaCrashGamers are more than straight white men, but woe unto those who actually ask for representation!06/30/2015 - 2:24am
Goth_SkunkBut Games Journalism, who in the past has stood up for gamers and developers, when their hobby was under attack by idealogues and governments for being overly violent, suddenly switched sides in a move06/30/2015 - 2:24am
Goth_SkunkYet the media continues to push that narrative, and they will continue to do so until their medium dies out from obscelesence or when the old guard retires and is replaced by people who were raised by gamers, people who know the score.06/30/2015 - 2:20am
Goth_SkunkGamerGate, by my view, is far more diverse and inclusive that the purveying culture surrounding games journalism right now. The stereotypical gamer is a straight white male, but GamerGate has shown, time and time again, that this is not really the case.06/30/2015 - 2:18am
Goth_SkunkAfter all, you did just call it a "problem."06/30/2015 - 2:15am
 

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