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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PHX Corphttp://kotaku.com/sources-warner-bros-knew-that-arkham-knight-pc-was-a-1714915219 Sources: Warner Bros. Knew That Arkham Knight PC Was A Mess For Months07/01/2015 - 11:49am
Andrew EisenIf you do, I hope you can provide some examples of people (again, other than random no-name numbnuts on Twitter) who are genuinely trying to dictate what should and should not be allowed so far as themes, topics, language, plot devices, etc. go.07/01/2015 - 9:43am
MattsworknameI'd go into why I think it's a bigger problem then most realize, but nows not the time really. I'll catch up with everyone later07/01/2015 - 9:42am
Andrew EisenThat's the thing though, rarely is anyone (again, other than random numbnuts on Twitter) attempting to dictate what can and cannot be said or done.07/01/2015 - 9:39am
Andrew Eisen"Don't write rape scenes" is being offered as advice (along with reasons for that advice) not a mandate.07/01/2015 - 9:37am
MattsworknameOh, on that last one andrew I wasn't talking about the article, I was being more general, lately it seems like all the news and media is trying to decide what is and isn't proper to say. Thats what i was refering to.07/01/2015 - 9:37am
Andrew EisenPerhaps you should consider reading the entire article. Despite quotes you can pull from the intro and conclusion, the author isn't arguing that you can't or shouldn't be allowed to cover a certain topic.07/01/2015 - 9:35am
MattsworknameOne of the things I hate right now is that people are trying to be the deciders of what is and isn't proper to be said. It's political correctness to a level that makes me angry.07/01/2015 - 9:29am
Mattsworknamemake them, i just tell peopel that I think what they did sucked. Just cause I dont like what they did, doesn't mean I can tell them "You shouldn't wrtie that" cause thats just another step on the way to telling them "YOU CANT WRITE THAT".07/01/2015 - 9:24am
MattsworknameNo, but you or I aren't the one to tell someone else what they can or cannot do beyond EXTREMELY narrow limits. Telling a person then shouldn't write something or say something. I may hate certain movies or music, doesn't mean I dont' tell peopel not to07/01/2015 - 9:23am
E. Zachary KnightHasbro is taking steps to fix its Dinosaur gender issues. http://io9.com/the-jurassic-world-dinosaur-toys-are-clever-girls-again-171513589607/01/2015 - 9:20am
TechnogeekImagine that level of accuracy, only applied to something that has actually caused physiological and psychological trauma in more cases than just whatever the equivalent of the CD-i Zelda games would be.07/01/2015 - 8:40am
TechnogeekThat's the issue I see as well, E. To put it in terms anyone reading this site will likely understand: you know how any time video games show up on TV, they feature absurdly outdated 3D graphics and/or audio from the Intellivison era?07/01/2015 - 8:40am
InfophileWell, you CAN go to a crowded streetcorner and tell everyone who passes by your social security number and bank account PIN, but you shouldn't. Is that censorship?07/01/2015 - 8:36am
E. Zachary KnightSo if it is going to turn out to be a bad scene, why even bother writing it?07/01/2015 - 8:07am
E. Zachary KnightMatts, Goth, The article, and others I have read making the same conclusion, state that most people fail in their attempts to write rape scenes without being overly offensive or overly incompetent in their attempt.07/01/2015 - 8:07am
Adam802http://www.sfgate.com/news/article/Ex-Sen-Leland-Yee-may-be-headed-for-a-plea-deal-6358941.php07/01/2015 - 7:12am
Adam802Possible plea deal in Yee case: http://www.mercurynews.com/crime-courts/ci_28408532/leland-yee-case-plea-deal-appears-likely07/01/2015 - 7:11am
MattsworknameInfo, Im with goth on this, the moment people start saying "You can but you shouldnt" thats a slow slide into censorship07/01/2015 - 6:05am
InfophileIn other words, you stopped when you found out it was arguing for a position you disagreed with, but before you found out why.07/01/2015 - 5:29am
 

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