Linked by Thom Holwerda on Sun 19th Feb 2012 12:02 UTC
Internet & Networking "The federal government has been paying lip service to the idea that it wants to encourage new businesses and startups in the US. And this is truly important to the economy, as studies have shown that almost all of the net job growth in this country is coming from internet startups. Thankfully some politicians recognize this, but the federal government seems to be going in the other direction. With the JotForm situation unfolding, where the US government shut down an entire website with no notice or explanation, people are beginning to recognize that the US is not safe for internet startups." Not an issue today per se, but if the US government keeps this up, they do run a risk of lobotomising their technology sector.
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RE: Safe harbor
by malxau on Sun 19th Feb 2012 23:22 UTC in reply to "Safe harbor"
malxau
Member since:
2005-12-04

There's something to be said about INTENT. Are you running a legit operation where some of your users just happen to do bad things? Or are you running a seedy operation where most of your users do bad things, and there just happens to be legit activity in the process?

Obviously, there should be warrants and stuff, with proper procedures being followed, which looks like it didn't happen in the case of Jotform.


Whether for JotForm or MegaUpload, intent is notoriously hard to prove, and it seems to me like "proper procedures" include a charge, discovery and at least pre-trial proceedings with defendants present prior to just killing the site. They should have a right to make their case first rather than a judge hearing a one-sided pitch for a warrant. And if this happened, MegaUpload et al would have a chance to revisit their take-down practices in light of the charges, which would be more effective than closing one site and letting another one spring up in another jurisdiction.

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