EFF Joins The Fight For Seized Domains
EFF Joins The Fight For Seized Domains
Posted 06/21/2011 at 12:38pm
| by Brad Chacos
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The U.S. Immigrations and Customs Enforcement agency has been the Dirty Harry of the World Wide Web the past year or so, shooting its virtual guns and taking down websites playing host to copyrighted materials. Fire first and silly legal questions be damned! Now, the gung-ho nature of "Operation in Our Sites" (see what they did there?) could be coming back to haunt ICE. Puerto 80, the owner of Spanish sports site Rojadirecta.com, has petitioned the courts for the return of its seized website – and it has the EFF in its corner.
The EFF, along with Public Knowledge and the Center for Democracy and Technology, filed an amici curiae brief with the Second District of New York court on Monday in support of Puerto 80's original filing. The case hinges on the the fact that Puerto 80 doesn't actually host any of the streamed video, ReadWriteWeb reports. Rojadirecta.com only links to the pirated streams and offers forums for watchers to discuss the videos. Sure, it's dubious morally, but is it illegal?
Puerto 80 and the EFF don't think so, and they're calling the seizure a violation of the First Amendment. Since Rojadirecta simply tells people about the streams, the rebuttal goes, cracking down on the site cracks down on free speech laws. If you want to get technical, Puerto 80 says the seizure "constitutes an unlawful prior restraint on speech, in violation of Puerto 80's First Amendment rights, and Puerto 80 will continue to suffer deprivation of its First Amendment rights if the property is not immediately returned."
Will Puerto 80 and the EFF be successful? Only time will tell. Torrent site operators and government officials alike must be watching this petition like a hawk, though. If simply linking to a site that hosts copyrighted content can get your domain yanked, half the pages on the Internet could find themselves closed down over night.
Edited to include Public Knowledge and the Center for Democracy and Technology's involvement in the petition.
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syderwarp
June 21, 2011 at 11:29pm
Chicago,and greater area has turned into a phuckn shi!!@#hole! I could name at least 7 towns turned into a giant craphole that my family has moved out of. Schools don't even think of sending your kids to them with the savage animals, and their stupid culture. Had a punk filthy Native Indian pull a gun out on me this fall on my way to work. OH I was riding my bike too, soo I must have looked the part too right? Off the the record a former ICE agent told my exFBI friend that Chicago is a safe haven city. That they can't go hit Chicago, because of Mayor Daly has a deal in place to not raid Chicago. I'm ssooooo
glad ICE is going to let parts of the US turn in 3rd world mud hole that looks like Berlin in 45!
The best bet is move to Europe,AU,NZ, Japan,or Canada because if ICE is going for websites instead of getting rid of savage Natives the country is LOST to us!!!!
Silencer
June 21, 2011 at 8:38pm
"If simply linking to a site that hosts copyrighted content can get your domain yanked, half the pages on the Internet could find themselves closed down over night."...
This is awesome. That's what'll make the following happen:
This will set a major legal precedent, equating freedom of speech with having a website. That will cement legally, a lot of protection that we should have had already. Sweet!
Frank N Beenes
June 21, 2011 at 5:57pm
This is why I stopped getting the magazine. For those wondering what the EFF is, since its not defined anywhere, Electronic Frontier Foundation...
Based in San Francisco, EFF is a donor-supported membership organization working to protect fundamental rights regardless of technology.
Farewell forever from Frank n Beenes...........Peeace
Silencer
June 21, 2011 at 8:42pm
L8R DUDE!
How many MaxPC (readers) users don't know how to Google? LMAO!
I've not responded to any of your posts because they're so f___ing wacky.
I also find that those who are 'opposite me', tend to lie a lot.
So, see you l8r? GL! :O)
Frank N Beenes
June 22, 2011 at 12:25pm
How many Maximum PC users can check Google from their toilet seat with nothing but a useless magazine in their hand. Which is usually useful moments after the deed. I was a subscriber since BOOT. But the writing and editing in the magazine has continually dropped to moron levels over the years so I quit getting it.
One day I was looking for something and checked here and liked an article so I started reading here. But I can see that I am different than most. I expect someone reporting on something to actually state what the hell they are talking about and not just spew gibberish at my earholes. I come here for answers. Not questions.
Consumers have lost all rights in this day and age because stupid children are buying every shiny gadget they can find so people wont notice how small their weiners are. And now it is being perpetuated in the media as well. Articles are merely ads touting newer shinier gadgets for fools to feast upon. Facts and information are backseat items.
Their are some seriously smart people at this magazine but they need someone to direct them a little better.
Alas the BOOT days are gone.
TheZomb
June 21, 2011 at 2:54pm
The US needs a better way for the supreme court to review laws and policies and decide if their unconstitutional. This business of waiting for a case to come up and having ICE run amok for a year is ridiculous.
Torqumada286
June 21, 2011 at 3:28pm
A case needs to put into the system and they have to agree to hear it. That is a long process and vast majority of cases never get that far. It will make it's way through the courts, but it will take time.
Holly Golightly
June 21, 2011 at 1:30pm
It is a total violation of our first amendment right. But that is capitalism for you. Money interests before people. Truly a damn shame. I really do hope they win this case. It is sad how the "United States of Europe" can just freely shut down any foreign website it feels like. When will the courts and copy-right holders understand that the internet is the future. It is great that more and more people my age are cutting the cable cord. The law is in dire need of updating. How ancient and primative we go after people who post on something that is far more conveinent... One day, people will be able to access every thing on the internet without being tide down to their classic cable boxes. I say, on with the progression!
KenLV
June 21, 2011 at 1:20pm
Agreed, if there’s a loophole in the law, fix the law. But lets be honest, it’s really no different than a “fence”. Sure, he doesn’t actually steal from you, he’s just “the middle man” too. Legally, for now, there MAY be a difference, but ethically and morally there is none. And seeing as laws should be based on ethical and moral judgments of right and wrong, then fix the law to reflect that. Next.
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