Linked by Thom Holwerda on Sat 27th Nov 2010 10:46 UTC
Legal The US is really ramping up its war on intellectual property infringement, a war which I'm sure will be just as successful, cheap and supported by the people as the wars on drugs and terrorism. The US has started seizing the domain names of various websites through ICANN - not because owners of these sites were convicted of anything, but merely because complaints have been filed against them. Anyone want to take a guess how long it will be before the US government blocks WikiLeaks? Update: The blocks function outside of the US too. In other words, the US is forcing its views upon the rest of the world once again.
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Correction
by Sausage on Sat 27th Nov 2010 13:53 UTC
Sausage
Member since:
2010-11-27

The US government isn't forcing views on anyone. The hosts of the websites, and by extension the websites themselves, are within the US and therefore within the legal jurisdiction of the US. It isn't a "block" its a seizure. The sites don't show up outside the US anymore because the website's United State's (and only) host location no longer exists. If said sites had a host outside the US, we would probably piss and moan about it (ok... maybe not "us"; more the ones who are being stolen from) but the US legal system would not have the authority to do anything about it. As an example, a previous poster asked about why Wikileaks has not been seized. Wikileaks is hosted by PeRiQuito AB out of Stockholm. The US Justice Department has no authority in Sweden, obviously. They can't seize it.

Reply Score: -1

RE: Correction
by Sausage on Sat 27th Nov 2010 14:00 in reply to "Correction"
Sausage Member since:
2010-11-27

As another exmple, in the article, the website that was shut down was specifically referred to as being hosted by GoDaddy. Go Daddy is a US based company. Completely within the jurisdiction of the Justice Department.

Reply Parent Score: 2

RE: Correction
by Thom_Holwerda on Sat 27th Nov 2010 14:06 in reply to "Correction"
Thom_Holwerda Member since:
2005-06-29

You're mistaken.

The host (i.e., the servers and the company/people they belong to) have not been seized. The domain has been seized - as in, the US told ICANN: block that domain name. While it may be legal in the US to seize domain names without so much as a complaint (let alone a court order), such actions certainly are not legal in Europe.

This would be like Germany dumping boatloads of toxic waste in the Rhine, polluting The Netherlands downstream. I can assure you that The Netherlands would then have an international legal leg to stand on to confront Germany - even if such dumping is legal in Germany.

Edited 2010-11-27 14:07 UTC

Reply Parent Score: 2

RE[2]: Correction
by Sausage on Sat 27th Nov 2010 14:32 in reply to "RE: Correction"
Sausage Member since:
2010-11-27

First I'd like to point out that if you look at the website graphic, a seizure warrant was issued by the courts and they are not required to tell you before seizing your stuff. In a practical sense it prevents things like drug dealers flushing their stash prior to thepolice showing up. Anyway, you are right, but the domain, for that one example anyway, is still held by GoDaddy within the US. If they shut down a website completely unrelated to the US at all then I'll change my tune. Frankly, a more accurate anology would be that the Justice Department stopped the flow of downstream toxic waste; not starting it. People are pissed because they got cut off from stolen goods? Color me devastated.

Reply Parent Score: 0

RE[2]: Correction
by dc396 on Sat 27th Nov 2010 21:22 in reply to "RE: Correction"
dc396 Member since:
2008-02-05

The host (i.e., the servers and the company/people they belong to) have not been seized. The domain has been seized - as in, the US told ICANN: block that domain name.


Do you have any evidence of ICANN's involvement? I'm honestly curious. The only thing I've seen is GoDaddy blaming ICANN, specifically the torrentfreak.com article states:

'“I firstly had DNS downtime. While I was contacting GoDaddy I noticed the DNS had changed. Godaddy had no idea what was going on and until now they do not understand the situation and they say it was totally from ICANN,” he explained.'

The way ICANN works and its role in coordinating generic top-level domains, it would be beyond surprising if they were to have any role in the takedown of the domains. It is far more likely that either GoDaddy removed the names or VeriSign did (since all the names appear to be in COM/NET).

Reply Parent Score: 1

RE: Correction
by techology on Sat 27th Nov 2010 18:06 in reply to "Correction"
techology Member since:
2010-11-27

>>> The US Justice Department has no authority in Sweden, obviously. They can't seize it.

LOL. Where have you been? Iraq, Afghanistan, Central America, Far East, they are doing it all the time. Wake up.

Reply Parent Score: 2