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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InfophileWhich is to say, GG isn't people writing articles about GG; it's the swarm of people lashing out. That's still going on, even if not as many articles are being written about it05/03/2015 - 7:32am
InfophileIt's not about the articles, but about the people receiving threats. Found an article from just last week which says Zoe Quinn is still receiving daily threats: http://www.bostonmagazine.com/news/article/2015/04/28/gamergate/05/03/2015 - 7:31am
Mattsworknameup hating the game industry on a more general level .05/03/2015 - 7:25am
MattsworknameIts funny, you know what i just realized, I love video games, and I hate the industry that has been forged around them. I hate the big name publishers, the press, all that jazz. But I still love gaming. that kinda sucks that I love games and still wind05/03/2015 - 7:25am
MattsworknameIt's like teh whole thing just went quiet.05/03/2015 - 6:28am
MattsworknameInfophile, I haven't really seen much activity either way, other then a few minor articles here or there, its like GG just sorta went dormant. I dont deny that I have some concerns with gaming press and industry, but I followed GG the last few months05/03/2015 - 6:28am
Infophile@Mattsworkname: It's more of a case that many media outlets have lost interest in their usual actions. "GamerGate still viciously harassing Zoe Quinn" isn't exactly news. Even if they are. *puts on sea lion hunting gear* Come at me, GG! I dare ya!05/03/2015 - 4:40am
MattsworknameAs much a I have some of the same concerns GG supposibly crusades against, i was really under the impression GG had sorta gone into dormantcy , it had been kinda quiet the last feww months05/02/2015 - 7:42pm
Matthew Wilsonhttps://www.youtube.com/watch?v=3bxcc3SM_KA if you guys haven't seen it, john oliver goes after patent trolls.05/02/2015 - 6:50pm
Matthew Wilsonwhile I dont like the guests, who ever did this is stupid. I can understand not liking GG, but come on.05/02/2015 - 6:17pm
Wonderkarpwell how about that shi.....poop05/02/2015 - 6:07pm
Andrew EisenKotaku caught it. Ran the story an hour ago. http://kotaku.com/gamergate-meetup-evacuated-after-apparent-threat-170176164505/02/2015 - 5:36pm
Wonderkarpevent was treading pretty hardcore on twitter last night. course thats just twitter. I'll agree with you if it does get reported05/02/2015 - 5:25pm
Andrew EisenAwkward wording on my part but "event" was referring to the bomb threat. It's silly to chastise mainstream press for not covering something that happened a mere 12 hours earlier, well after close of business on Friday, at a gathering very few knew about.05/02/2015 - 5:14pm
Wonderkarpthey arent "uppity" over the event not being covered. they are uppity over the harassment/bombthreats not being reported.05/02/2015 - 5:09pm
Andrew EisenWe've known that for quite a while now but I agree, completely cutting the feature is not a good move.05/02/2015 - 3:49pm
Matthew Wilsonhttp://www.vg247.com/2015/05/02/splatoon-multiplayer-online-shooter-wii-u/ excuse my language, but I call bullcrap. enough with this crap Nintendo its stupid.05/02/2015 - 3:27pm
Andrew EisenKarp - Thanks for the heads up. Passed it on to James. I love how the article is all uppity about the mainstream press not covering an event that no one knew about that happened late Friday night after we all went home for the weekend.05/02/2015 - 2:06pm
ZippyDSMleeSo far FOTNS:Kens rage 2 is okay, I really like the retelling of stuff in KR 1 need to get more scrools to see how bad the new scroll equip system is.I think the other system(where you equipped skills and spent karma on leveling) might have been deeper.05/02/2015 - 12:20pm
WonderkarpI know I said I wasnt going to come here anymore. But this needs to be reported on. Peacefull GamerGate in DC Meetup Recieves False Bomb Threats. http://nichegamer.com/2015/05/peaceful-gamergate-in-d-c-meetup-receives-false-bomb-threats/05/02/2015 - 12:10pm
 

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