Freedom Of Information Document Dump From ICE About Domain Seizures Almost Totally Redacted
from the see-what-you-can-find dept
With the (way too late) return of Dajaz1.com after over a year of prior restraint and denied due process, there's increasing interest in Homeland Security's efforts to censor websites through its Immigration and Customs Enforcement (ICE) division. Earlier this year, we noted that ICE appeared to be stalling in response to Michael Robertson's Freedom of Information Act (FOIA) request for info related to the round of domain seizures that got Dajaz1 (as well as still unaccounted for domains OnSmash.com and Torrent-Finder.com).Robertson has sent over the entirety of what ICE eventually sent over. They claimed to have found 754 responsive pages... but 144 of those pages are completely redacted. The other pages are also full of redacted info. I've gone through a few hundred of the pages, and it's pretty useless. It basically looks like the administrative paperwork ICE filed on its activities. Details are pretty slim, though you can catch a glimpse of their thinking here or there -- such as saying that when seizing domains that are still part of an investigation, "no seizure noticed should be issued to the violator." Ah, the US government -- seizing speech and refusing to even notify those impacted.
Either way, I figure with a lot more eyes looking over these documents, perhaps someone would pick up a detail or two that isn't readily obvious on a quick skim of all the documents... so have at the embeds below:
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Filed Under: domain seizures, foia, homeland security, ice, redacted
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Why do we lie back and accept this sort of thing? Are we really that complacent as a society -- or is it because we're not as tightly knit a society as other countries are?
The attack on our freedoms that ICE's domain seizures, SOPA/PIPA, the NDAA, and other similar moves by the American government are unheard of -- but we do next-to-nothing about them that catches the government's attention. (For all of the letter and phonecalls and whatnot concerning SOPA, the government cronies debating it seem to not give a shit about the opposition's fears.)
There needs to be a moment in time where American citizens, as a society, stand up to the government and declare in one voice that we will not let this country become something that the Founding Fathers would have fought against. There is an air of tyranny in actions like ICE's domain seizures and the passage of the NDAA; SOPA would just be another step in that direction.
Americans, this is our country; do we deserve to be cattle for the corporations, government cronies, and ultra-wealthy...or do we deserve to be a free and prosperous people?
If you believe the latter, then find a way to fight back against this tyranny-in-progress before it's too late.
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Re: Corruption Index
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pg.354 of 2011FOIA7113
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Our system of government is by no means perfect, but given a choice it is the one to which I would default every time.
As for FOIA, there is nothing at all unusual about responses such as this. Frankly, I am somewhat surprised that the FOIA officer did not also use Exemption (b)(5).
Do all the redactions mean someone is or has done something nefarious and is trying to hide it? To simply assume this is what is being done is shortsighted, uninformed about FOIA and how it works, and almost certainly wrong.
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The reasons why it is redacted do not matter, only that they are authorized exemptions. So, how does the public verify that redacted information is actually subject to the exemption?
must just be a cynic, but the big black blocks are a grand reminder of the transparency they are truly striving for.
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If after the appeal the requestor is not satisfied with the answer, the requestor may file an action in the Federal District Court in which he/she resides, or in the Federal District Court for the District of Columbia.
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Perfection is unattainable by any government.
That doesn't mean the government has to say "fuck it" and let itself be corrupted because it can't be perfect.
Make no mistake, the government is corrupted. The MPAA and RIAA write laws for copyright that benefit nobody but the MPAA and RIAA, the richest people in the country spend more money to shape politics than they do to help fix the country's problems, and elected representatives are more concerned about keeping their cushy jobs (and all the perks contained therein) than serving the people who elected them in the first place.
The ICE domain name seizures are another example of that corruption. Secret hearings, lack of due process/adversarial hearings, redacted court documents...if that doesn't smell corrupt, then I don't know what does.
I'm not advocating anarchy, and I'm not advocating a violent overthrow of the government -- but I do think it's time that Americans take a long look at what's going on in Washington DC, figure out if the government's serving the American populace or the corporations who pay for the campaigns and the laws that ultimately benefit the corporations, then decide on a course of action to fix the corruption in the government.
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How do you know that Dajazi didn't file a motion as soon as they learned of the seizure? How do you know that the government didn't stall proceedings and notifications until they legally had to do something? How do you know that Dajazi's attorneys didn't think this was just some big misunderstanding that would get hammered out in a few days?
You trust the government to do the right thing way too much, especially in this day and age.
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You keep saying that and I've answered you before and you ignore it. Why? I don't know.
(1) DOJ made it clear that it would go absolutely ballistic on anyone who did that.
(2) There is an official process to follow when goods are seized. Dajaz1 and its lawyers chose to follow the process. How dare they!
(3) Even as this was going, it was strongly suggested that if they went to court, DOJ would file criminal charges against the principles. While there was no basis for such a threat, when the DOJ threatens you like that, you take it seriously and stay out of harms way.
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There is an "official process" in the law that the DOJ follows. That same "official process" includes that a party subject to seizure of its property can promptly file a motion seeking its return.
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How many times need we tell you: THEY DID file a motion asking for the property to be returned.
And that's when the government went to court in secret and got everything delayed.
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I have made comments based upon my understanding that at the time of seizure no motion for returning the site to its owner was made.
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http://www.techdirt.com/articles/20110612/21573514664/list-sites-challenging-domain-seizures.sht ml
States clearly from a DHS source that Dajaz1 was challenging the forfeiture proceeding. This would indicate that they filed whatever motion was required under the law to ask for the domain back.
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In all candor, I haven't a clue what other "process" he was talking about since the cases were already before a federal district court.
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Just because we're not as bad as some other countries is no excuse not to try to be better. I see this line of reasoning all the time in many companies. "It could be worse" or "It's better than in [team/company/country]" is no excuse to stop trying to be better.
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Really? After the USG seized and censored a website for over a year with no due process? After it wouldn't even let them see the "secret extensions" it claimed to get from court? I'd say that your response is the only astounding one.
Perhaps those cynics should pause for a moment and ask themselves how many other countries would tolerate many of the comments that are regularly posted here.
This is one of the most obnoxious logical fallacies around. Don't complain or try to fix things, it could be worse...
That's bullshit.
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You are obviously well versed in acronyms. Perhaps next time you might use some that show a willingness to learn something about how our system of laws actually works, as well as show more tolerance for those whose views differ from yours.
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Apparently, pointing out what is obvious to even lawyer initiates is not well received here.
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Which caused the silence of the blog for an entire year without due process. Congratulations.
After all, this is what the federal statute provides.
The statute provides. The ICE did not provide.
Apparently, pointing out what is obvious to even lawyer initiates is not well received here.
No, you can have any opinion in the world. But when the only thing you do is insist on being as cryptic as possible, much to the consternation of those that actually *want* to debate, expect people to say what you're full of.
Maybe when you actually come out with an argument, then you're treated with more respect in kind. It's entirely your choice.
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ICE does not control in any fashion the right of a party to make an appearance before the court. Why you keep saying things to the contrary makes me wonder if you have any substantive understanding of how our court system works.
The is nothing cryptic in the slightest about noting that the site had the right under law to file an appearance before the court. It is only cryptic in the minds of those who do not wish to admit this very simple fact.
I am not at all sure where you are coming from in making your comments. All I can say is that whatever your source, you could not be more wrong.
If you really want to present something that traverses my comments, then all you need do is provide a citation to the court record where the judge ruled that only ICE was entitled to appear before it concerning this matter.
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Would not let them see "secret extensions"?
Let's get real for a moment. Any lawyer well knows that the filing of motions is SOP in matters pending before a court, whether state or federal. Why the site did not pursue this course eludes me completely. BTW, I assume it did not file a motion because the comments attributed to its attorney made nary of mention of having done so.
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We have been real. You've been full of shit.
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As if are tax dollars aren't already mismanaged.
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I'm calling shenanigans unless there's an additional report that shows the determinations of these goods.
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