barracuda wrote:It’s unfortunate what is going to happen. We all know it. We all see it.** At some point that 256 character encryption code is going to be released and all of those wanna-be hackers will busily work to decode the 1.6 gig file they downloaded from all those bit torrent sites. Of course the files are unredacted, as has already been made clear by Mr. Assange himself, and the end result will obviously be that some U.S. agent in Pakistan or Somalia or even Yemen will be disclosed and killed. At that point, the Obama administration will have no choice but to shut down thousands of websites (they just ran a BETA test for that last month shutting down 70 all at once) for “national security” reasons. Once that happens, they will of course have to pass a net neutrality bill that allows for licensing requirements for hosting websites which will mean only government approved sites will be allowed and they will be constantly monitored, for the public good of course. And thus, all those troubling “conspiracy theory” sites will be gone and Cass Sunstein can sleep better at night.
Right. The government is going to shut down the most effective surveillance tool in the history of the surveillance tools on planet earth. Okay. Sure.
You might keep in mind that the web is a government project monitoring your every keystroke in a permanent database. Just for starters. And they're gonna toss that away - why again? 'Cause some hypothetical schmuck in Yemen got killed by the WikiLeaks "poison pill" insurance file? I doubt it. Color me doubtful. Refer to me as Uncle McDoubt.
Alice, is there any scenario for which you don't already have a narrative ready to fire off?
thousands of websites (they just ran a BETA test for that last month shutting down 70 all at once)
If it was a BETA test it failed. The "ATTACK ON TEH INTERNETZ ONOZ" was an attack from your asshole friends at Dickstein Dickstein & Dickstein LLP ("Somebody shared one of your songs from iTunes? Dial 1-900-IPSolutions!") subcontracting for the DHS.
U.S. Gets In on Censorship Action
Posted on December 2nd, 2010 by Derek Bambauer
The United States Immigration and Customs Enforcement, part of the Department of Homeland Security, has seized 82 domain names that it contends are responsible for facilitating IP infringement (and perhaps infringing themselves). The seizures have prompted some outrage, and some head-scratching. The head-scratching has been by lawyers (and normal people) trying to figure out the legal basis for the seizure. If I’m reading the U.S. Code right, seizures are authorized under 18 U.S.C. 2323(a), and 18 U.S.C. 981(a)(1)(A) and (C), which authorizes civil seizures of property that is used in a violation, or attempted violation, of 18 U.S.C. 1956(c)(7). If you’re bored enough to trace to 1956(c)(7)(D), you’ll see that it does in fact mention criminal copyright infringement: 18 U.S.C. 2319. Now, we’ve got civil seizure of items used in crime, so that’s weird enough. What is even more strange is that the government doesn’t have to provide notice to the domain name owners if it files a civil complaint against the property – that is, against the domain names (an in rem proceeding for you Civ Pro nerds). (This assumes I’m reading 18 U.S.C. 983(a)(1)(A)(ii) properly – no sure thing.) While the government still bears the burden of showing that the seizure is proper – 983(c)(1) – it also gets to lock up the domain name until the matter is resolved.
OK. That was some painful statutory lifting. The larger – and to me more interesting – question is about censorship. The U.S. government is grabbing domain names to prevent users from reaching content it views as illegal. Not content that has been adjudicated illegal, as far as we know – content that is alleged to be illegal. To content owners, and probably to ICE, it looks only natural that we’d prevent people from reaching information they view as stolen, or counterfeit. But it’s natural to China to censor human rights sites. Or Wikileaks, for that matter. Legitimacy in information control on-line rests, I’ve argued, on being open, transparent, narrow, and accountable. The problem here is twofold: narrowness, and accountability. First, the accountability analysis looks to the procedures by which censorship is carried out. Given that the government can seize sites without notice, and with a showing only in an ex parte hearing (to obtain a warrant), this is problematic in this case. Moreover, the government gets the benefit of the doubt: if they make a mistake, well, too bad for the domain name owner, whose URL is out of commission until there’s a hearing. Second, these seizures aren’t narrow. They’re both overbroad and underbroad. The domain name seizures are underbroad because, surprise surprise, there are more than 82 sites out there offering copyrighted content. They’re overbroad because seizing a domain name blocks licit along with illicit content. It fails to distinguish between content used in an infringing way, and content in a lawful way (such as fair use). It’s true that many of these Torrent sites traffic primarily in infringing materials, but the Supreme Court let the VCR off the hook for secondary copyright liability when less than 10% of taping was lawful...
Every country in the world believes that some material on the Net qualifies inherently for censorship. It’s obvious! In this respect, we’re no different from China. So, we should give up pretensions of American exceptionalism for information controls – for us, it’s IP; for Saudi Arabia, it’s porn; for France, it’s hate speech. Only the quality of the legal process differentiates censors. And with these seizures, I think there’s much to worry us in the (lack of) process…
You may not agree with that last bit--I don't, because I see a difference between browsing porn and reading ZOG pamphlets and between those and listening to a friend's CD, but the bit about quality of law matters.
Because DHS didn't just swoop in and say "you this domain name, it's ours". I(Edit: see, told you I was with The Jewish Hegelian Reptilian Chemtrail Huffing party) They went about getting a judge to sign off on paperwork--a judge who doesn't know wtf he's doing (and most don't. come on, wearing diapers at the bench?)