Brazilian Government Ordering Web Hosting Firms To Kill Domain Names They Don't Like
from the say-what-now? dept
A lawyer I know passed along a letter from the Brazilian government to Sedo, a company that helps sell domains and also hosts parked domains (on which it puts some advertising), demanding that it take down a domain that it did not like. The text of the email is included below, but there are plenty of troubling things about the demand. First, the URL in question was an .eu domain, meaning that I can't see how the Brazilian government has any authority whatsoever. The URL did, however, suggest that it involved porn content related to Brazil (in that it has the word Brazil in it, as well as another word/phrase suggesting porn). Brazil could not like the fact that people have registered domains about Brazilian pornography, but I don't see how that gives the country any authority whatsoever to demand the domain be taken offline completely. And, yet, according to the letter:The registration and use of this domain name may lead users to believe that Brazil is a tourist attraction and pole of sexual activities, which interferes on the position and image of the country.The letter goes on to talk about child porn and how heinous it is -- but nothing in the domain, in any way, suggests child porn. It could pretty clearly be used for a legitimate adult porn website, but not child pornography. But the Brazilian government is having nothing of it, demanding that it be taken down:
Moreover, websites with pornographic contents on the Internet that makes direct and/or indirectly mention to the characteristics related with the Brazilian identity, such as colors of the flag, culture pictures and images of cities, sets as a crime, punishable by the Brazilian Penal Code, Federal Law n. 9.279/1996:
Through this letter, the Ministry of Tourism of Brazil requests that you provide a written assurance within the next seven (7) days that you will:This seems like a pretty big overreach by the Brazilian government on an issue that it has absolutely no jurisdiction over. Sedo did take down the site, but upon being contacted agreed to put it back up. I spoke to Jeremiah Johnston at Sedo who explained the company's policy on these issues -- noting that dealing with multiple geographies makes this quite a challenge, because they have to judge both legal and business issues in determining how to respond, and the company strives to be as transparent as possible. In the end, it uses a kind of notice-and-takedown system, as it did here, where it agrees to take down the domain, but alerts the domain holders and reviews the situation if people complain (as happened here). The Brazilian request was apparently a rather large request hitting on a bunch of different domain names, many of which were not .br domains, but some of which implied activity that was illegal -- and so Sedo had no problem taking those down. The issue here was that this domain got swept up in that effort. I still tend to think that the general request from Brazil was a pretty broad overreach itself, and worry about going after domain names simply for being domain names. The content on those sites may be a different issue, but in this case we were talking about domains for sale and/or parked domains, so it's not clear how much of a complaint Brazil really had.
1. Immediately discontinue any and all use of the domain(s)
2. Immediately and permanently refrain from any use of the term that associates Brazil to the pornography on the Internet;
3. Remove any and all pornographic content or dissociate it with the Brazilian Identity or Brazil.
To Whom it May Concern:
The Brazilian Federal Government, through the Ministry of Tourism, has found that the domain(s):
(DOMAIN NAMES INTENTIONALLY OMITTED)
relates pornography with Brazil or characteristics associated with the Brazilian Identity on its domain name(s).
The registration and use of this domain name may lead users to believe that Brazil is a tourist attraction and pole of sexual activities, which interferes on the position and image of the country.
Moreover, websites with pornographic contents on the Internet that makes direct and/or indirectly mention to the characteristics related with the Brazilian identity, such as colors of the flag, culture pictures and images of cities, sets as a crime, punishable by the Brazilian Penal Code, Federal Law n. 9.279/1996:
Art. 191. Reproducing or imitating, in whole or in part and in a way that may induce to error or confusion, coats of arms, escutcheons, or national, foreign or international official badges, without the necessary authorization, in a mark, title of establishment, trade name, insignia or advertising sign, or using such reproductions or imitations for economic purposes.
It should be noticed that any action done with the purpose of prostitution or other forms of sexual exploitation involving children and/or adolescents is a heinous crime and its punishment is more stringent under the Brazilian Penal Code (C�digo Penal Brasileiro). Moreover, this practice is also provided in our Statute of Children and Adolescents (Estatuto da Crian�a e do Adolescente), which seeks, among other determinations, establish that is the duty of all prevent the occurrence of threat or violation of rights of children and adolescents (article 70).
Through this letter, the Ministry of Tourism of Brazil requests that you provide a written assurance within the next seven (7) days that you will:
1. Immediately discontinue any and all use of the domain(s)
2. Immediately and permanently refrain from any use of the term that associates Brazil to the pornography on the Internet;
3. Remove any and all pornographic content or dissociate it with the Brazilian Identity or Brazil.
We await your response within the period mentioned above and we are at disposal for further information on this subject through the address listed on the signature of this message.
Best Regards,
MINISTRY OF TOURISM OF BRAZIL
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Filed Under: brazil, domain names
Companies: sedo
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There goes my whole reason for going to Brazil. I didn't think of it as porn per say.... More like study clips for a future visit.
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get with the program mike.
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Re: get with the program mike.
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Re: get with the program mike.
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Oh wait...
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well
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I mean really ... shall someone register a domain with the colours of the flag, and then perhaps associate it with porn? I don't see how mentioning a flag with those particular colours is going to automatically be associated with Brazil.
Maybe they actually meant the flag design, as opposed to the colours?
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Re:
That might pay better than raising taxes.
It's also going to make a lot of school kids happy when it comes to giving their report on some South American country that they can't name or show pictures of.
Of course newscasters will have to say, " and breaking news today in that country in S. America - the one on the Pacific Coast, not the one with Machu Piccu (assuming they all follow suit). But the other big one, with Rio in it ...heck, just look at the map ...."
At some point in time the world maybe divided up by corporations; South Haliburton and North Haliburton. West Exxon and Middle Exxon. There would probably be a whole lot less wars.
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Heh
Heh. HehHehHeh. /Beavis
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No. Brazil was not a part of ACTA. And, actually, Brazil has been a leading voice fighting against ACTA.
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Example, brazilhookertourism.eu might be something they would go after. But without any examples, we have no idea of anything right or wrong. Actually excluding the names makes me think something is being hidden. Why?
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Because the domain holder in question did not want the information out there about the specific domain.
I have seen it however, and can assure you that nothing in the domain suggested anything to do with prostitution.
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I hope it's not frequent to see such demands and overreach from the Brazilian Govt, I'd be worried.
Some1 mentioned the flag up there. It's forbidden by law here to use the flag in anyway that's not... well, a flag. No towels, bikinis, underwear, patriotic condoms or whatsoever. I find it an exaggeration. But maybe that's where the flag colors or whatever happened came into the issue.
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The Brazilian government is not an open one, never was and have a long road to go to be called a freedom loving country.
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Wait, you mean it isn't?
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beaches, bikinis and monkeys
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Re: beaches, bikinis and monkeys
http://cidadaodoplaneta.com.br/wp-content/uploads/2012/02/sp.jpg
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Or, could it be that the two "stars" of a certain clip involving a cup and a couple of girls were from Brazil? I can quite understand how no country would ever want to be associated with that.
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Domain Name Takedowns
Rather like most of the domains DHS has shut down without due process? Isn't the problem here that the government is ordering permanent takedowns without first proving their claim that the domains are illegal?
Do any of the domains belong to foreign registrants? If the United States were doing this, I think you'd be complaining more loudly. Can you imagine the chaos if all countries started shutting down domains they don't like?
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wonder if it was the usa
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The big question about this would be "How about the domain names that have already established for many years in business without problem?" "How about if they are already making hundreds of thousands of profits every month?". Web hosting firms would really have a headache about this since they could be sued for a case if their customer's domains were deleted without valid reasons.
Regards,
Mark Cruz
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Deep analysis...
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Re:
Essa carta � forma de desmistificar a vis�o que o exterior tem do Brasil, onde a brasileira � vista como prostituta, o que n�o � verdade, assim como tantas outras mulheres no mundo temos lutado pelos direitos.
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�You can�t run away from yourself�. The only reason for me to go to brazil is for fucking their hot and huge asses, otherwise will I have to go to thailand to fuck ugly bitches??
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Get rid of domains they do not like? Seriously!
Sure everyone may have their reasons for or against this but it should be handled in the right way.
People really should be able to get any domain they like and host it where they like. This is the way the internet was created and should stay.
Handle your problems other ways.
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