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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Papa MidnightWii U Games finding Solidarity with PC Gamers :(08/19/2014 - 6:09pm
Zenbuy all of the bad DLC before they even showed the main content everyone was waiting for. I paid for it, I wanted it, and I got tossed aside.08/19/2014 - 4:10pm
ZenIanC: Yep, both Call of Duty games did the same thing holding back all DLC and then releasing the day one map 2 YEARS later out of the blue. Why play what they won't support. Warner Bros canceled their DLC after promising it because Wii U owners didn't08/19/2014 - 4:09pm
Andrew EisenShe's the developer of Depression Quest. It's an interesting game (although I wouldn't call it fun) and you can check it out for free at depressionquest.com.08/19/2014 - 2:48pm
Sleakerwhat's all this Zoe quinn stuff all over and should I even bother looking it up?08/19/2014 - 2:37pm
IanCExactly Zen. The third one had random delays to the DLC and they just came out seemingly at random with no warning, and the 4th they didn't even bother.08/19/2014 - 2:31pm
ZenI may have bought both AC games on Wii U, but WHY would anyone be expected to get the game when they came out MONTHS before release that they were skipping DLC and ignoring the game? They poisoned the market on themselves then blamed Nintendo players.08/19/2014 - 1:27pm
Papa MidnightIn review, that's fair, Andrew. I just tend to take Gawker articles with a lot of salt, and skepticism.08/19/2014 - 12:07pm
Matthew WilsonFor one has a English speaking support team for devs. Devs have said any questions they have, were translated in to Japanese. then back in to English. 08/19/2014 - 11:41am
Adam802they need to realize the "wii-fad" era is pretty much over and start rebooting some old great franchises like they are doing with star fox08/19/2014 - 11:39am
Adam802unfortunatly, this seems to represent 3rd party's position on the wiiU in general. Nintendo has always sucessfully relied on 1st party but now since 3rd parties and console "power" are so important this gen, they're in trouble.08/19/2014 - 11:38am
IanCOkay, so what can Nintendo do to these 3rd parties? Huh? If a company release games late with missing content then of course it won't sell. Seems simple to me.08/19/2014 - 11:25am
Andrew EisenSakurai and Co. REALLY need to go back in there and re-pose Samus. She is so incredibly broken.08/19/2014 - 11:06am
ZippyDSMleeUntill Nin starts paying out the azz or doing much much more to help 3rd party games development, the WIIU is dead in the water.....08/19/2014 - 11:03am
ZippyDSMleehttps://www.facebook.com/permalink.php?story_fbid=316135481893472&id=22417313775637408/19/2014 - 11:02am
ZippyDSMlee*gets out the popcorn* this will be fun08/19/2014 - 11:01am
Andrew EisenIt's not as simple as "Nintendo gamers don't buy AC games."08/19/2014 - 11:01am
Andrew EisenACIII was late, missing DLC (so was IV) and was on a brand new platform that had never had the series competing against two platforms that had an install base of 80 million a piece who had all the previous games.08/19/2014 - 11:01am
Andrew EisenI'd say TechDirt is being a bit unfair towards Kotaku's article to the point of slightly mischaracterizing it. It's not really bad but, while a little muddled, neither is the Kotaku article.08/19/2014 - 10:59am
 

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