Will Homeland Security Domain Seizures Lead To Exodus From US Controlled Domains?
from the driving-business-abroad dept
With Homeland Security's Immigration and Customs Enforcement (ICE) group now seizing domain names of perfectly legitimate foreign companies, one of the "defenses" of this action is that what those sites do may violate US laws (the lack of an actual court deciding this is conveniently overlooked, but we'll let that slide for now) and thus since the domains are managed by US-based registrars, it's technically property in the US, and thus open to seizure. That, of course, is a case of focusing on the technicality of the situation, rather than the reality of the situation. With Rojadirecta, it's pretty clear that the site was used almost entirely by people in Spain, not in the US. That the .org domain is managed by a US company seems like a weak dodge by US officials at the urging of industry.But, of course, there are serious questions about the wider impact of this decision. Back in October, we highlighted how Libya had begun seizing .ly domains, because they felt that the content on those domains violated Sharia Law.
When the US is following in the footsteps of Libya for foreign censorship, there's a serious problem.
Of course, after the seizure of the .ly domains, many people started to move away from those domains (including presidential hopeful Mitt Romney, who dumped his Mitt.ly domain). It will be interesting to see if more companies (especially foreign ones) start moving away from .com and .org for just this reason. When the US government suddenly decides that it can simply take your domain name with no warning, no due process, no adversarial hearing and no regards to whether or not the site is actually legal in the country it's targeting, that seems like a pretty clear warning sign that it's time to find a safer domain home. If I were a US domain register or registrar, I'd be pretty pissed off at Homeland Security for promoting the fact that the US government has no problem censoring websites it doesn't like. It's only going to serve to drive people away, and perhaps open up a huge opportunity for a new TLD to become a standard from a country that really believes in due process and free speech.
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Filed Under: censorship, domains, homeland security, ice, seizures
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Communistic?
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Re: Communistic?
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This is fascism. (At least the dictionary definition of fascism. There's other connotations that arguably haven't occurred yet.)
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Techdirt.me?????
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Re: Techdirt.me?????
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Time for the Native Americans to run it.
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How about off shore registrars?
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Anti-bodies.
It's just like when a hacker points out a major flaw with someone's software by publishing the flaw to the world. It is a weakness and needed to be fixed.
Thank you, **AA, we'll get right on that.
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Re: Anti-bodies.
I agree in general. But as we've seen with Egypt, there are limits to what it can route around. I think we can all imagine that if a dictator was willing, they'd be able to completely censor the Internet.
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Re: Re: Anti-bodies.
...and, push comes to shove, there's always dialup. (Yes, it still exists.)
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Re: Re: Anti-bodies.
In case you handn't heard Egypt turned on its internet again. Even with it down the protests kept getting larger. The huge problem is you either live with communication or you don't. As a government if you shut down communications it puts you at a great disadvantage, your people can't communicate either. In the case of egypt the communications didn't cause the protest, the oppressive government and economy did.
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Re: Re: Anti-bodies.
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If they had tried to institute a permanent shutdown, I'm guessing it would have been less than 6 months before infrastructure outside of government control had restored access for the vast majority of people.
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Trust me. :)
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If torrent-finder is cleared of all charges, I'll donate $500 to a charity of your choice.
If they aren't, you donate $500 to MusiCares.
How can Mike lose when no charges have been brought against torrent-finder?
Your willful stupidity is a constant reminder that people with sub-human intelligence shouldn't be allowed on The Interwebs.
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Are you trying to help him weasel out of the bet?
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Because the owners knew they were guilty and their lawyers told them the seizures were legal.
How long are you boys going to continue this little game of make-believe?
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Actually I think this is a _new_ round of seizures....
Most of the sites simply reopened under non-US controlled domains. I you were a foreign company with a .com web address that was seized illegally by the U.S. government, what would you do?
1. Hire expensive lawyers, fly to the United States, get embroiled in a lengthy, potentially very expensive law suit.
2. Shake your head, and reopen your web site on a domain that the US gov. can't seize within hours or perhaps the very next day.
Hmmmmm.....
I don't think that either option requires them to believe that they were guilty of anything or to concede that the seizures were anything like legal.
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Re: Actually I think this is a _new_ round of seizures....
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Thanks for playing though.
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That makes you one of four people. Any more hints as to who you are? .... :)
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I can assure the above statement is simply untrue.
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I demur. Even if that's true (which in the case of the hip hop blogs it's clearly not), even so you agreed to the bet with that condition in it. You even clarified it further that it should be based on the final appeal.
If you just believe your arguments were right and simply want to rub someone's nose in it, well that's kind of annoying and definitely lame, but vaguely understandable, I suppose.
But if you think you've won the bet by default somehow, you're full of it. The bet's only on if a court in some way makes a definitive ruling on one of the Thanksgiving seizures. Then if it goes your way - you win. If it goes Mike's way - he wins.
Apparently, though some folks think there's still some legal process going on.
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But if one of those hiphop blogs is really going to try and fight this, well, good luck with that. At least we'll have some more case law to quote.
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Which ruling are you referring to?
No court has ever "ruled" that these sites are infringing. A judge signed off on seizure warrants. That's not a ruling.
ICE hasn't actually brought criminal charges against any of the site operators. How is a court supposed to rule before the defendants are even charged?
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1. That's not what we agreed to. We agreed to concluding this only after the case reached the highest level it would reach -- which you agreed to, claiming that at the district court level, we might get a "bad ruling" such as the Viacom/YouTube ruling (which, in your opinion, was bad).
2. There has been no district court ruling yet to "stand."
You seem very confused. Why are you trying to change the terms of what we agreed upon? Ever since we've made that deal, you seem to feel the need to keep trying to get me to pay up now. It's almost as if you're afraid of what will really happen once this goes to court.
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Exactly. And if the court in which the seizure was signed is the last court that sees the case, that means it was the highest level reached.
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Anonymous - when are you going to man up and admit you lost your bet to Mike? You're not going to try and weasel out of your donation of $500 to EFF, are you?
Oh wait..neither can be proven yet....because it has not been proven that the seizures were legal or illegal in a court of law.
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This is also untrue. The sites in question were only recently (finally) contacted by the government, and still have a period of time to respond. The claim that they have missed their opportunity to respond is simply false.
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5 of my clients have moved their websites off shore
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Re: 5 of my clients have moved their websites off shore
There isn't going to be any mass exodus of legal sites because nobody gives a sh*t about this except pirates and their apologists.
The pirate sites will all move their domains, which is exactiy what gov wants. There is a plan behind all of this, but you're all too blind to see it.
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Re: Re: 5 of my clients have moved their websites off shore
Please explain to me the Master Plan, because I can't fathom how this helps America at all.
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Re: Re: Re: 5 of my clients have moved their websites off shore
it probably has to do with some sort of "great firewall of china" scheme or some sort of blocklist to prevent access to certain domains, both of which are easily circumvented.
i say let them keep doing it. this does nothing to prevent piracy and everything to make the content industries and the american government appear corrupt. the more frustration and distrust these actions foster, the less this will be about getting free music and the more it will be about building the tools for dissent.
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Re: Re: 5 of my clients have moved their websites off shore
"There is a plan behind all of this, but you're all too blind to see it."
Perhaps you should take off your horse blinders, they went out of style in the 20's.
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Re: Re: 5 of my clients have moved their websites off shore
Wait-wait-wait... let me make sure I have this right. The US government, who you claim is on the side of Copyright and against piracy, has a plan to move pirates out of the country...
and therefore completely out of their jurisdiction, thus making them immune from any action whatsoever by the US Government?
Great plan.
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Re: Re: Re: 5 of my clients have moved their websites off shore
Truthfully this is alot like the Index Librorum Prohibitorum (the catholic list of banned books). It just broadcasts to the world things people should not be looking at. Confiscating the domain names is ineffectual because the sites remain.
Okay, I now get their plan!!! They are trying to drive so many people to these sites that their servers crash.
What A Brilliant Plan!!!
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Re: Re: 5 of my clients have moved their websites off shore
I see it perfectly well. They don't understand the internet and are trying to apply IRL rules to it. It will not work.
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Re: Re: 5 of my clients have moved their websites off shore
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You have this backward
The reality of the situation is that this domain was the property of the US.
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Re: You have this backward
That's better.
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Re: You have this backward
Short term, companies will, at least, pick up a few non-US controlled TLDs and at worst, ditching the ICANN controlled one altogether.
Long term, we have to move away from centralized TLDs, so that this tomfoolery is no longer possible.
PS- You have no idea what "property" means, do you?
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Re: Re: You have this backward
And one wonders why we are so loved around the world....
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considering
I have considered moving the registrations locally to Canada but would move the server first. Have seriously considered it due to the potential for lawsuits more than than the seizures.
But it is a serious matter.
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What is "Safe" though?
.com and .net are ran by Verisign which is a US Based company and we know how they got the domains from the music blogs. .tv is ran through DotTV also through Verisign. Afilias which oversee's .org .info .me .in .mobi is not a US company it is based in Ireland, but it has an office in the US. .fm is BRS Media which is a US Based company.
Then attempting to purchase other domains like .co the registries are very limited so even if I go to purchase a domain with say MelbourneIT they also have a US office. I purchased a domain through a German registrar and ended up at Enom.
Exactly where are we supposed to run to? Everything we've found has an office somewhere in the US and apparently that is all the US needs. GoDaddy did not give up the .org domain they were not notified so it once again came from the top level registry only this time its Afilias.
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Re: What is "Safe" though?
After all, they can do much worse to you than just seizing your domain name, so the fact that they can seize your domain name does not matter a lot.
Sites of questionable legality (let's avoid a pages-long discussion on their legality in this thread) are instead hedging their bets and registering their domain name in dozens of countries at the same time.
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Re: What is "Safe" though?
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Time for a free speech protected TLD
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[I'll leave the FUD-packer joke just laying there... :)]
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Put aside the "letter of the law" part for a moment and think in terms of "the spirit of the law" - Do you feel that these seizures are within the spirit of the law? IE: Do you feel that punishment prior to trial (which effectively has happened in these cases) is the correct path that the US Government should take?
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Put aside the "letter of the law" part for a moment and think in terms of "the spirit of the law" - Do you feel that these seizures are within the spirit of the law? IE: Do you feel that punishment prior to trial (which effectively has happened in these cases) is the correct path that the US Government should take?
Search and seizure warrants are executed every single day before an adversary trial has taken place. What makes these seizures so special? Is it the fact that the target is piracy? It's kind of scary how much you guys get all riled up when the government goes after pirates. The spirit of the law is that people shouldn't violate other people's rights. Where's the concern for the actual victims? I see none from the bulk of techdirt commentators, and absolutely none from techdirt itself. That's scary to me.
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You mean the site that was found to be perfectly legal under Spanish law? Those victims?
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It doesn't matter what some Spanish kangaroo court says.
And Joe is right, you all have gotten so used to thinking it's okay to rip stuff off that you don't even consider what's legal and who the victims are.
Massively douchey and pathetic.
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It should be pointed out that the site in question was found legal in Spain because it doesn't actually host anything, it just makes it easier to find what you're looking for. You know, like Google.
It doesn't matter what some Spanish kangaroo court says.
So, US laws should apply *over* Spanish laws in Spain? You should take a moment to think because you type such foolish things.
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That's "letter of law" stuff, AJ. You didn't answer my question. I'm not asking if these type of things happen all the time - I know they do. I am asking you, personally, do you feel that they are morally correct?
What makes these seizures so special?
Nothing. But i still feel that seizures of any property prior to trial is in direct conflict of Constitutional rights. Just because it happens does not make it less so in my mind.
Where's the concern for the actual victims?
Where's the proof that any damages to the victims has actually occurred? Lost sales do not equal damages.
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Should property that is purportedly used for crime be seized from the criminals? Sure.
Nothing. But i still feel that seizures of any property prior to trial is in direct conflict of Constitutional rights. Just because it happens does not make it less so in my mind.
You may feel that seizure of property conflicts with people's constitutional rights, but such seizures have existed since the day the Constitution was signed.
Where's the proof that any damages to the victims has actually occurred? Lost sales do not equal damages.
You don't think violating someone's rights is a harm? I'm glad you're not in charge.
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Ok AJ. Fair enough. I will disagree with you on this. I feel that property should only be seized prior to trial ONLY to preserve evidence. After conviction in a court of law is also OK in my mind. The problem I have with seizures prior to a trial is the vast slippery slope of potential abuse which is what we are possibly seeing with the domain name seizures and what we have seen with police departments using seizures as fund raisers in the 80's war on drugs.
You may feel that seizure of property conflicts with people's constitutional rights, but such seizures have existed since the day the Constitution was signed.
Once again, because it happens and has happened doesn't change my mind.
You don't think violating someone's rights is a harm? I'm glad you're not in charge.
Ouch. You got me on that one. I do think violating someone's rights is harmful. You said damages and my mind went to monetary damages.
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I just realized something....you are calling someone a "criminal" before they have been convicted of anything. That's not how it is supposed to work...you should know all about "innocent until proven guilty".
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I do. Property can be seized when there is probable cause that it is being used for crime. It is not necessary that the crime be proven first. In these seizures, a judge agreed that there was probable cause and then signed the warrant. When I say "criminals" I should be saying "purported criminals." You're right.
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Although, it something to be mindful of when you become a practicing lawyer.
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So by the letter of the law and the spirit of the law, domain names should not be seized without due process.
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And you are a blind follower of the herd.
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I follow the ideals that I agree with. Doesn't everyone?
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I follow the ideals that I agree with. Doesn't everyone?
I try and analyze things from all sides, especially the ones I don't agree with. Being a good lawyer means being able to argue all sides. If I wanted to have people pat me on the back and tell me I'm right, I'd go to some other board. People that post opposing views on techdirt are shunned and called names, and that's too bad. It's a real middle school mentality around here. I appreciate those who do challenge me though.
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Then let's see it. Argue the defense of a legal Spanish site having it's domain stolen by ICE at the behest of the NFL for the Super Bowl. Explain to me how that has *any* function other than to cast doubt on the reliability of any ICANN domain?
Being a good lawyer means being able to argue all sides.
Odd, I've ever seen you argue any other side but the one you usually argue. Oh, wait, that does make sense, after all.
People that post opposing views on techdirt are shunned and called names, and that's too bad.
Please don't make me dig through all your old posts and point out name calling you've done. Selective memory, much? Not to mention, calling something FUD when it isn't is as much name calling as anything else. When you live in a glass house you shouldn't throw black kettles. Or something like that.
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Nobody here is shunning you for an opposing view. They're calling you out for a hypocritically baseless claim. Support your claim or bear it.
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http://www.techdirt.com/articles /20100907/04392010918.shtml#c871
http://www.techdirt.com/articles/20100903/11144710895.shtml#c651
http://www.techdirt.com/articles/20100902/11385710880.shtml#c1640
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Re:
I look at this article as a genuine question of consequence for actions taken... I don't feel that it's trying to whip up any support for one cause or another by throwing out outlandish claims that are not supported by evidence. So if you feel it's FUD (which is your opinion and you're welcome to it), why do you feel the need to come in here and sling the word around? What is accomplished?
If anything, I'd say the fact that you come here and scream "FUD" any time this blog (which is an expression of one person's opinion anyway) poses a hypothetical (yet relevant to the subject of the blog) question... well, you're the one creating FUD by trying to discredit Mike.
"You can't trust TechDirt! Look at all that false info! LIES I SAY!!! Look at Masnick trying to garner support for [whichever agend you feel he supports]!"
Sounds like FUD to me.
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Says the guy who calls himself average_joe.
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Nice comeback. I'm reeling.
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So my choice of username makes me logically inconsistent? You weren't on the debate team, were you?
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Actually I was. But I was only in it for the ladies. :)
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Chicks dig me. What can I say? :)
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How about:
-your regular use of ad hom attacks while decrying the same from others
-rebutting with a pithy one-liner while trying to make the same seem childish and petty
-I-wasn't-gonna-take-it-this-far-and-now-I'm-getting-bored-but-what-the-hell-it's-cold-outsid e
That last one's more about me.
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1. Gabe (can I call you "Gabe," Gabe?) gives his definition of FUD, and notes the lack of FUD in this article based that definition.
2. He then infers your definition of FUD (actually giving you some credit for relevancy in the process - I would have left the burden of proof on your shoulders, but he seems nicer than me) and
3. then he points out that by what seems to be your definition of FUD, you are guilty of the same.
Now that the sense has been clarified, feel free to actually comment with something other than baseless derrogation.
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I smell name-calling... naughty naughty!
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Displaying external links, whether the owner or their visitors posted them, is no proof at all of willful copyright infringement. External links aren't even 1st degree copyright infringement. If it is then why don't we just shut down Google, Facebook and Twitter without warning them too?
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Oh no, some internet coward called me a name! Grow a pair and get a username.
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You can't prove anything. :)
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PLUS where you argue with Mike while calling him absurd names?
Please don't go back to that person. I would rather ask if you could debate normally than degrade yourself by trying to pull a Ronald Riley visage where you constantly call people names because your argument is weak.
But it's entirely up to you.
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I can.
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That only shows someone was pretending to be me.
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At the end of the day, if the beneficial owners live and work in the US, they cannot avoid US law. Seizing the websites is the exposed part for companies outside of the US, which is why they are doing it this way. If you are in the US and move to a .me or whatever domain, then they will just move against your company or you personally.
You can only truly avoid the issue by moving out of the US, which most people will not do.
Good luck in trying to find another way to hide your questionable activities, as this one failed.
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What about the perfectly legal activities of the Spanish citizens using Rojadirecta who have been affected?
Oh wait...they don't count because Spain is a 301 Report country, right?
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ROFLMAO ... tears ... can't breath ... thanks, I needed that. That report always makes me laugh ... ;)
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One of the sites in question was found legal by Spanish courts, hosted in Spain, used almost exclusively by Spanish people. They *did* have a .com address, though.
It is useful to keep in the back of your mind, when discussing the internet, that the world is much bigger than the US. (Disclaimer: I'm an American.)
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So their piracy seized to exit? All's well then.
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www.atdhe.net
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ICE's Secret Weapon
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The problem with countries is they have these silly religions and moral and social structures that is incompatible with information that may harm, so fuck the countries and let's move on to decentralized nodes of information.
It's inevitable.
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Its already here, and better stuff is being developed. Its just not that popular yet. Give ICE a couple more months of this and the usage will start going up. Expect calls to see this software outlawed when it goes mainstream.
One thing I saw demo'd recently was an encrypted distributed webserver. Neat stuff, the only way to publish pages was to have the private key. Each client acts as a server web server. Load redistribution. The "DNS" was based on the public key which each page held as a tag. It was really rough around the edges but cool none the less.
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Great article
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What if?
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When..
Due process and judicial procedures and constitutional protections have just become a joke to the U.S. government.
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When..
Due process and judicial procedures and constitutional protections have just become a joke to the U.S. government.
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