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_fudgesome states have "at will" employee laws10/20/2014 - 7:50am
quiknkoldIt says in the article that being in florida, you can get fired regardless if its a fireable offence10/20/2014 - 7:19am
Michael ChandraIf your employee respectfully disagrees with your advice, that's not a fireable offense. If they ignore your order, THEN you have the right to be pissed.10/20/2014 - 6:49am
Michael ChandraI... Don't get one thing. If you do not want your employee to do X, why do you tell them it's advice or a wish? Give them a damn order.10/20/2014 - 6:48am
james_fudgeA leak that had me worried about being swatted by Lizard Squad.10/20/2014 - 6:03am
james_fudgeIt should be noted that the author leaked the GJP group names online10/20/2014 - 6:03am
MechaTama31I mean, of the groups being bullied here, which of the two would you refer to collectively as "nerds"?10/19/2014 - 11:30pm
MechaTama31But that's the thing, it doesn't sound to me like he is advocating bullying, it sounds like he is accusing the SJWs of bullying the "nerds", who I can only assume refers to the GGers.10/19/2014 - 11:21pm
Andrew EisenInteresting read. Unfortunately, too vague to form an opinion on but at least now I know what faefrost was talking about in James' editorial.10/19/2014 - 10:39pm
Neo_DrKefkaBreaking GameJournoPros organized a blacklist of former Destructoid writer Allistar Pinsof for investigating fraud in IndieGoGo campaign http://blogjob.com/oneangrygamer/2014/10/gamergate-destructoid-corruption-and-ruined-careers/10/19/2014 - 8:57pm
Neo_DrKefkaOnly good thing I seen come out of the Biddle incident was the fact a professional fighter offered to give 10k to an anti bullying charity for a round in the ring with Biddle.10/19/2014 - 7:49pm
Neo_DrKefkaEven after all the interviews she is still on twitter making fun of people with disabilities (Autism) yet she is a part of the crowd that is on the so called right side of history...10/19/2014 - 7:48pm
Neo_DrKefkaWhich #GameGate supports are constantly being harassed and bullied. Brianna Wu who I told everyone she was trolling GamerGate weeks ago with her passive aggressive threats was looking for that crazy person in the crowd.10/19/2014 - 7:47pm
Neo_DrKefkaI believe the problem #GamerGate has with Sam Biddle is he is apart of this blogging group that in a way hates or detests its readers. Also being apart of the crowd that claims its on the right side of history isn't helping when he is advocating bullying10/19/2014 - 7:45pm
MechaTama31Of course, I'm looking at these tweets in isolation, I don't know a thing about the guy.10/19/2014 - 7:06pm
MechaTama31If anything, the sarcastic implication seems to be that the SJW crowd is bringing back the bullying of nerds. But it's the GGers who are out for his blood? I'm lost...10/19/2014 - 7:01pm
MechaTama31I don't really get this Sam Biddle thing. The reaction to his tweets seems to be taking them at face value, but... they're tongue in cheek. Right?10/19/2014 - 7:00pm
Andrew EisenI have it. The problem, so far as I can tell, is neither of them allow me to overlay my webcam feed or text links to my Extra-Life fundraising page.10/19/2014 - 4:08pm
quiknkoldand yes, its free10/19/2014 - 4:05pm
quiknkoldshould grab Hauppauge capture. has mic support and can upload directly to youtube10/19/2014 - 4:05pm
 

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