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.


Comments

Re: Congresswoman Lofgren: Domain Seizures Trample on Due ...

 
Forgot your password?
Username :
Password :

Shout box

You're not permitted to post shouts.
Matthew Wilsonalso, it looks like sony finally got a clue http://www.vg247.com/2014/11/26/sony-comes-to-senses-at-last-admits-playstation-is-going-to-save-it/11/25/2014 - 10:56pm
Matthew WilsonI wont say them, but there are other sites beyond youtube. it was a good move by HBO.11/25/2014 - 10:55pm
Papa Midnighthttp://www.pcgamer.com/dark-souls-to-move-from-gfwl-to-steam-a-month-later-than-expected/11/25/2014 - 10:30pm
Papa MidnightMatthew Wilson: Considering ContentID, I can't imagine that would necessarily be a problem for HBO.11/25/2014 - 10:19pm
Matthew Wilsonthey know if they dont, someone will.11/25/2014 - 8:40pm
Sora-ChanIt's a HBO show, which to be honest, considering it's HBO, it's actually surprising they even put any up on youtube.11/25/2014 - 8:36pm
Andrew EisenI imagine they hope the clips they do host (some of which are rather long) are enough to entice viewers to watch the show on whatever channel it airs on.11/25/2014 - 5:54pm
MaskedPixelanteIt's odd that these videos are missing from the official Last Week Tonight page.11/25/2014 - 5:51pm
Andrew EisenRelevant or not, the guy's pretty darn entertaining.11/25/2014 - 4:58pm
WonderkarpJohn Oliver : Corporations On Twitter https://www.youtube.com/watch?v=rG_7xur1iRc I feel like this is relevent11/25/2014 - 4:53pm
WonderkarpBurt Macklin, Anthropologist. I look forward to Jurassic Parks and Recreation.11/25/2014 - 4:36pm
Andrew EisenYep.11/25/2014 - 4:16pm
E. Zachary KnightDid Jaws 3 take place in a theme park?11/25/2014 - 4:14pm
Andrew EisenHey, they're remaking Jaws 3. Sweet! https://www.youtube.com/watch?v=RFinNxS5KN411/25/2014 - 3:22pm
MaskedPixelantehttp://www.joystiq.com/2014/11/25/sony-to-refund-vita-customers-in-ftc-settlement-over-false-ads/ Sony is offering a refund to Vita owners who fell for their false advertising during the Vita launch.11/25/2014 - 2:49pm
Matthew Wilsondoes not shock me. people have been representing this as right vs left, but in truth its more like left vs even more left. better put is social libertarianism vs liberal moralism.11/25/2014 - 2:36pm
WonderkarpOfficial Occupy WallStreet Twitter Supports GamerGate https://twitter.com/OccupyWallSt/status/536928387869474818 heh11/25/2014 - 2:11pm
Matthew WilsonI saw that given that the gc adapters have been sold out everywhere, I thought it was higher.11/25/2014 - 11:49am
MaskedPixelantehttp://www.joystiq.com/2014/11/25/smash-bros-sells-over-490k-on-wii-u-in-three-days/ Some good Nintendo news for a change.11/25/2014 - 11:48am
ZippyDSMleehttp://www.escapistmagazine.com/forums/read/7.865821-Irrational-Games-Rises-From-The-Dead-is-Hiring-Again11/25/2014 - 10:20am
 

Be Heard - Contact Your Politician