IRS Identity Fraud Prevention Specialist Arrested For Identity Fraud, Filing Fraudulent Tax Returns

Homeland Security Admits It Seized A Hip Hop Blog For Five Years Despite No Evidence Of Infringement; RIAA Celebrates

from the fuck-you,-riaa dept

Mon, Jan 4th 2016 9:37am — Mike Masnick

Last month, we were actually the first publication to report that Homeland Security had very quietly "returned" two domains that it had "seized" five years ago based entirely on totally bullshit claims from the RIAA. We focused our story on the search engine torrent-finder, but also mentioned that it appeared that DHS had returned OnSmash.com as well. As we had noted, back when the domain was first seized, OnSmash was a popular hip hop blog that many in the industry purposely sent their music to, because it was great for marketing and publicity. In fact, Kanye West had been known to promote OnSmash himself. That doesn't sound like a site "dedicated to infringement" as Homeland Security's ICE division claimed in the affidavit used to seize the website.

Four years ago, we were wondering whatever happened to OnSmash, as other sites that had gone to court over the seizures had had their domains returned -- and it was admitted that this was because the RIAA (which had told ICE about these websites) failed to provide any actual evidence. It appears the same thing happened with OnSmash, though it just took an extra four years to get the domain back, as OnSmash's operator, Kevin Hofman, chose not to take the riskier path that Dajaz1 took in going to court. But, the NY Times story about the return of OnSmash gets a quote from ICE admitting that they never had enough evidence:

When asked about the return of OnSmash and another site, Torrent-Finder.com, which was seized in the 2010 raid and also returned to its operator this fall, Matthew Bourke, a spokesman for the National Intellectual Property Rights Coordination Center of Immigration and Customs Enforcement, said that after working with the Justice Department, “it was determined there was not enough evidence to seize the websites.”

Think about that for a second. The US government shut down a blog for more than five years and only after giving it back now admits that it never had enough evidence to seize the website.

I'm gong to repeat that:

The US government shut down a blog for more than five years and only after giving it back now admits that it never had enough evidence to seize the website.

Meanwhile, the RIAA, which told the agent in charge of the investigation that these sites were nothing more than dens of infringement, is so obnoxious as to now celebrate them being returned with some bullshit line about how they now "wish to be legitimate operators":

Jonathan Lamy, a spokesman for the recording industry association, said he welcomed the return of the sites, as long as they played by the rules. “If the managers of some of these sites now seek to have the domain name returned because they wish to become legitimate operators, that’s a success,” he said.

What a load of horseshit, Lamy. These sites didn't "now seek to have the domain name returned." They asked for it back almost immediately after they were seized on false pretenses based on false information provided by the RIAA. Perhaps, instead of some bullshit about these sites suddenly wanting to play by the rules, Lamy should walk down the hall to see his colleague Carlos Linares (who is still employed by the RIAA) and ask him what was up when he lied to federal investigators, helping to shut down a popular blog, violating the site's First Amendment rights?

This is from the affidavit used to seize OnSmash:

Now, Hofman is trying to rebuild the blog, having basically lost years of momentum due to the RIAA's lies.

Mr. Hofman, whose day job is managing digital accounts for musicians, has already restarted OnSmash, but he said he was aware of the challenges he would face. The site has lost most of its momentum, and blogs — once at the forefront of online music promotion — have largely been superseded by social media. He noted one advantage: By embedding links from sites like SoundCloud and YouTube, where artists and labels post songs directly, there is no more gray area concerning the source of the music.

“The plan now,” Mr. Hofman said, “is to do my best to pick up the pieces.”

Oh yeah, insult to injury: Homeland Security made him pay $7 to get the domain back.

I'm still amazed that these stories haven't gotten more attention. Again, if the federal government seized and shut down a print magazine people would be up in arms. But they do that for a bunch of online magazines and nobody seems to care? Again, they seized the domain based on false information and kept it for five years knowing that they didn't have enough evidence to have made the seizure in the first place.

And the guy who helped at the RIAA is still employed. Has anything happened to the ICE agent, Andrew Reynolds, who wrote the affidavit? How about the magistrate judge, Margaret Nagle, who apparently had no problem signing off on the seizures of internet blogs based on faulty evidence? Apparently, she recently retired and is now acting as a mediator. You know what might have been helpful? If someone had actually been able to mediate things back in 2010 before the RIAA, Homeland Security and Judge Nagle worked together to shut down an internet news website with no justification.

I've issued some FOIA requests to Homeland Security about both OnSmash and Torrent-Finder, and so far they've said that it would be "too burdensome" to search for any emails mentioning either site. I'm hopeful that more information will be exposed on what a colossal screwup this was.

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Filed Under: andrew reynolds, asset seizure, blogs, carlos linares, copyright, dhs, first amendment, free speech, hip hop, homeland security, ice, jonathan lamy, kanye west, kevin hofman, margaret nagle, onsmash, riaa, seizure
Companies: riaa

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That One Guy (profile), 4 Jan 2016 @ 9:03am

Oh sweet naivity...
Mr. Hofman, whose day job is managing digital accounts for musicians, has already restarted OnSmash, but he said he was aware of the challenges he would face. The site has lost most of its momentum, and blogs — once at the forefront of online music promotion — have largely been superseded by social media. He noted one advantage: By embedding links from sites like SoundCloud and YouTube, where artists and labels post songs directly, there is no more gray area concerning the source of the music.

“The plan now,” Mr. Hofman said, “is to do my best to pick up the pieces.”

You know why his site was seized in the first place? Because there's no penalty for lying with regards to copyright, as evidenced by the very case that cost him the site.

Has that changed in five years? Not in the slightest.

If he thinks that he's somehow 'more protected' by only using embeds, he's in for quite the unpleasant surprise. Nothing stopped someone from claiming his site was 'dedicated to infringement' before when it hosted content sent in by the labels themselves, and nothing stops that from happening again if a bot flags his site for whatever reason, or someone feels like metaphorically kicking him in the teeth by filing a few bogus DMCA claims.

After all, what do they have to lose?
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SMan88, 4 Jan 2016 @ 9:52am

Sounds like Hoffman is an idiot for not getting an attorney. If he had one he could of sued RIAA for the lies in the affidavit and gotten his domain back sooner. What a moron!!!!
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Anonymous Coward, 4 Jan 2016 @ 9:52am

Oh, Mike. If only you cared 1/10th as much about all the pirates that intentionally violate the rights of creators every single day. That will never happen. You love the pirates, each and every one of them.
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AJ, 4 Jan 2016 @ 9:53am

They seized someone's property illegally. They openly admit they committed theft when they stated they "never had enough evidence:". Someone please explain to me why they are not prosecuted?

How exactly do the AA's or the representatives of the legal system expect the people to have any respect for the law if those who govern it, do not follow it, and are not held accountable by it?
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Anonymous Coward, 4 Jan 2016 @ 9:54am

Re:
And do you really have your filter set so no one can say "Pir ate Mi ke" (without the spaces) without your permission? LOL! Insecure much?
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Anonymous Coward, 4 Jan 2016 @ 10:03am

NY Times story url ?
… the NY Times story about the return of OnSmash…
Would someone please provide a url for the New York Times story that this article refers to?

I'm sure one of those links leads to that story—I just don't seem to be able to figure out which one. What can I say? It must be Monday morning after the holidays. Anyhow, I could use some help here.
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Anonymous Coward, 4 Jan 2016 @ 10:06am

Re:
Simple, because Obama likes it this way.

He could stop it, Bush could have stopped it, and our Next President will be able to stop it.

Lets just sit and wait and see if the "next" president will be any different from the last one.

As the pack of ignorant and sheepizens we are, I am certain everyone has realized that we have been voting in the same guy for quite some time... just with different hair do's.

That's right, you can fool most of the people most of the time!!! Government itself stands as the eternal monument of mankind's evil and depravity!
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Mike Masnick (profile), 4 Jan 2016 @ 10:09am

Re:
Sounds like Hoffman is an idiot for not getting an attorney. If he had one he could of sued RIAA for the lies in the affidavit and gotten his domain back sooner. What a moron!!!!

1. He had an attorney.

2. Disagree that he was "a moron." There were a few different ways to appeal the process, and the ones that involved going to court are much more risky and much more expensive. I cannot fault Hofman for not choosing that one.

3. He chose an alternative process called an "offer in compromise" which DHS itself says is a way to seek the return of your seized property.

That is, he actually followed the rules (as he did for his site) and it's just that DHS fucked him over with help from the RIAA.
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Mike Masnick (profile), 4 Jan 2016 @ 10:14am

Re: NY Times story url ?
It's now in the story. I accidentally left it out...

It's also here: http://www.nytimes.com/2016/01/02/business/media/5-years-and-7-later-us-returns-a-seized-hip-hop-sit e.html
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Anonymous Coward, 4 Jan 2016 @ 10:18am

Re:
Mr Hofman is still solvent because he did NOT hire an attorney. The RIAA are well versed in using the courts system to bankrupt people they do not like, even when they lose every case.
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Anonymous Coward, 4 Jan 2016 @ 10:19am

Re: Re: NY Times story url ?
Thanks.
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Anonymous Coward, 4 Jan 2016 @ 10:26am

Re:
All three of the returned domain names on the warrant went the same route. Dajaz1 just got their property back earlier. You are an idiot of you don't think of the possible retaliation that would come to someone trying to make case law against an unconstitutional government program.
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Roger Strong (profile), 4 Jan 2016 @ 10:34am

> Lamy should walk down the hall to see his colleague Carlos Linares (who is still employed by the RIAA) and ask him what was up when he lied to federal investigators, helping to shut down a popular blog, violating the site's First Amendment rights?

Judging by Lamy's logic (They want their domains back because they've changed their ways!), Linares should respond by asking Lamy whether he still beats his wife.
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Anonymous Anonymous Coward, 4 Jan 2016 @ 10:42am

Re:

"...asking Lamy whether he still beats his wife..."

...and children, and puppies, and kittens, and bedridden grandparents along with a host of others too degenerate to list here, all with a ghoulish grin on his face!
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Anonymous Coward, 4 Jan 2016 @ 11:01am

Re: Re:
LOL - thanks obama

"As the pack of ignorant and sheepizens we are,"

Yes, everyone is exactly like you. Speak for yourself and leave me out of your delusions.

This "both parties are the same" bullshit is older than Joe's toes and twice as moldy.
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Anonymous Coward, 4 Jan 2016 @ 11:19am

Re:
Attorneys cost tens of thousands of dollars he might not have had and simply getting an attorney does not guarantee justice. Especially when dealing with the federal government.
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Spike (profile), 4 Jan 2016 @ 11:26am

The problem was if he had made any mistake in running the site or said stuff off the record (and were spied on) that could indicate that he maybe once or twice "willfully" infringed (easy to do without thought) on the odd occasion it would have been translated by the DoJ into that he based the entire site's existence on infringement and they would have tossed the whole criminal copyright bullshit on him to send him away for a few years.

My guess is there was no Skype logs or existing emails to seize that could be used against him.
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Anonymous Coward, 4 Jan 2016 @ 11:34am

I'm a little suprised
I'm a little surprised that he didn't move his site to another top-level, non-US domain in the meantime, OnSmash.co or OnSmash.it or even OnSma.sh.

I'm sure there was a reason.
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Mason Wheeler (profile), 4 Jan 2016 @ 11:41am

It's hard to feel too broken up by this, considering that even if they weren't infringing copyright, the music these sites were promoting has had well-documented strong ties to gang violence, drug culture, misogyny culture and all-around sleaze for decades. Heck, when the example you're holding up to try to establish the legitimacy of the site is freaking Kanye West, that belongs right up there on the Not Helping Your Case leaderboard with the guys who point out that if we shut down YouTube we might miss out on the next Justin Beiber, but three or four steps higher.

TLDR: bad things happened to bad people. Why shed a tear for them?
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Anonymous Coward, 4 Jan 2016 @ 11:41am

Re:
He still hasn't seen the new Star Wars because he refuses to see it legally. What a cool cat...
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Anonymous Coward, 4 Jan 2016 @ 12:02pm

Re:
First they came for the rappers, and I did not speak out— because I was not a rapper.
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Anonymous Coward, 4 Jan 2016 @ 12:05pm

Re: Re:
Use the word sheeple or a deritive thereof, get a free DMCA vote.
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Anonymous Coward, 4 Jan 2016 @ 12:10pm

Re: Re:
Maybe we just like to see you have to put random spaces in words.
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Not a Moron, 4 Jan 2016 @ 12:12pm

Re: Re:
Well Pirate Mike, do you actually filter Pirate Mike posts?

Inquiring minds want to know if Pirate Mike filters Pirate Mike or if some Anonymous Coward is simply reported by the community because he is a moron.

I'll reply to my post from another browser on another IP address right after posting this to find out.

The timestamps should reveal the truth to this test. I will not be able to reply to a post that is filtered.......
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Not a Moron, 4 Jan 2016 @ 12:12pm

Re: Re: Re:
Looks like some Anonymous Coward is just a moron.
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Quiet Lurcker, 4 Jan 2016 @ 12:34pm

Now that the lawyers and magistrate involved have publicly and notoriously admitted to having committed multiple felonies and compounded their crimes by multiple violations of Rule 11, it shouldn't be that hard for their respective states' licensing offices to decide to disbar them.
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Peter (profile), 4 Jan 2016 @ 12:36pm

Is there a provision for the Government to pay damages for illegally seized goods? Presumably, there is quite some financial value in a well-read blog that has now been destroyed?
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Anonymous Coward, 4 Jan 2016 @ 12:39pm

Re:
And I guess you also think Eric Garner deserved to die for selling "loosies"

Hail the police state!
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jupiterkansas (profile), 4 Jan 2016 @ 12:53pm

Re:
Nope.
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Anonymous Coward, 4 Jan 2016 @ 12:54pm

Re:
Using RIAA math, damages should be about 37 million dollars.
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Anonymous Coward, 4 Jan 2016 @ 12:55pm

Re:
Since the first amendment was violated and there seems to be a far reaching program within both the executive and judicial branch failing to stop it, sovereign immunity probably goes out the window... Email access was shut down or intercepted on those domain names as well.
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Mason Wheeler (profile), 4 Jan 2016 @ 1:33pm

Re: Re:
Wait, who deserved to die for what?

*looks it up*

Oh, that guy.

Umm... how in the world did you derive that from what I said? Or are you just spouting random gibberish simply because you can?
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JMT (profile), 4 Jan 2016 @ 1:42pm

Re:
You mean the "pirates" that ICE admitted they had no evidence actually existed? You're ok with the RIAA lying to law enforcement about that?
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Anonymous Coward, 4 Jan 2016 @ 1:46pm

Re: Re: Re:
He's making something called an analogy, Mason.

analogy
[uh-nal-uh-jee]

noun, plural analogies.
1.
a similarity between like features of two things, on which a comparison may be based:
the analogy between the heart and a pump.
2.
similarity or comparability:
I see no analogy between your problem and mine.

Basically, he's comparing your apathy at a site being taken down for no reason to the apathy about Eric Garner's death because he was breaking some law.

You not liking the genre of music, despite it's legal status, somehow makes the take down of his site, despite the lack of evidence justified.

The same way that people justified the fucktard cop killing a man over untaxed cigarettes...you know, because the law.

Did that help?
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JMT (profile), 4 Jan 2016 @ 1:46pm

Re:
"I don't like rap so lying to federal law enforcement agencies and gross violations of free speech laws is ok by me!" You really cant see how stupid and destructive that attitude is?
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Seegras (profile), 4 Jan 2016 @ 2:15pm

Re: Re: Re:
Sorry, but would it sure would help if they were NOT the same bullshit.

Both share the same agenda of prohibitionism, surveillance, government-granted monopolies, war-mongering etc.
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Mike Masnick (profile), 4 Jan 2016 @ 2:25pm

Re:
It's hard to feel too broken up by this, considering that even if they weren't infringing copyright, the music these sites were promoting has had well-documented strong ties to gang violence, drug culture, misogyny culture and all-around sleaze for decades. Heck, when the example you're holding up to try to establish the legitimacy of the site is freaking Kanye West, that belongs right up there on the Not Helping Your Case leaderboard with the guys who point out that if we shut down YouTube we might miss out on the next Justin Beiber, but three or four steps higher.

TLDR: bad things happened to bad people. Why shed a tear for them?

Because you don't like some music and what it's talking about, you're totally okay with violating their First Amendment rights?

That is the stereotypical "I support free speech, but not this speech I don't like." Frankly, I find your ridiculous argument that the music is all about "gang violence, drug culture, misogyny" to be offensive. Is it then okay to argue you should be barred from saying it just because I find it offensive?

Heck, when the example you're holding up to try to establish the legitimacy of the site is freaking Kanye West, that belongs right up there on the Not Helping Your Case leaderboard with the guys who point out that if we shut down YouTube we might miss out on the next Justin Beiber, but three or four steps higher.

The point -- which apparently went WAY over your head -- is that one of the largest music stars today was supporting the website. That you read something else into it suggests a rather problematic view on your part.

TLDR: bad things happened to bad people. Why shed a tear for them?

No, a publication got censored because of government overreaction. There is no evidence that it involved "bad people". And we "shed a tear" for them because we don't abide by censorship. That you apparently have no problem with it says pretty much all I need to know about you.
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bwburke94 (profile), 4 Jan 2016 @ 2:52pm

Re:
We should make a change.org petition to get them disbarred.
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Anonymous Coward, 4 Jan 2016 @ 3:06pm

Re: Re:
And yet you shed zero tears for artists being ripped off every hour of every day.

Go die in a fire, you lying, hypocritical sleazeblob.
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Quiet Lurcker, 4 Jan 2016 @ 3:07pm

Re: Re:
Using RIAA math, damages should be about 37 billion dollars.

FTFY
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Anonymous Coward, 4 Jan 2016 @ 3:27pm

Re: Re: Re:
Wow you trolls just aren't even trying today.
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Mike Masnick (profile), 4 Jan 2016 @ 3:39pm

Re: Re: Re:
And yet you shed zero tears for artists being ripped off every hour of every day.

I am quite upset when artists are "ripped off" for real. What I find troubling is when folks like yourself call market competition "being ripped off."

Or, when you have plenty of ways to prevent any actual monetary loss, but choose not to take it, and choose to whine instead (your standard MO).

But actual artists being ripped off -- such as through predatory deals with labels, that certainly gets me angry as well.

But, of course, that's still on a very different level than THE GOVERNMENT violating the Constitution. And I've yet to see any evidence of the gov't violating the constitution for artists.
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That Anonymous Coward (profile), 4 Jan 2016 @ 3:53pm

something something lying to federal authorities
something something false legal claims

something something apparently if you claims to hold a copyright the law can't do anything to you.
Can't make you pay for taking down content incorrectly.
Can't make you pay for stealing domains.
Can't make you pay for lying to federal agents.

Perhaps someone would like to show the **AA's this story and point out that the reason no one respects copyright is because the cartels have no respect for the law or citizens.
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JMT (profile), 4 Jan 2016 @ 4:10pm

Re: Re: Re:
"And yet you shed zero tears for artists being ripped off every hour of every day."

That's not true, there have been plenty of Techdirt articles about record label contracts.

"Go die in a fire, you lying, hypocritical sleazeblob."

Yes, continue actively reinforcing the strongly negative opinion the general public has of the recording industry (not artists), that'll get 'em buying CD's again!
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Anonymous Coward, 4 Jan 2016 @ 4:38pm

Anonymous64 just hates it when due process is enforced.
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Anonymous Coward, 4 Jan 2016 @ 6:32pm

Re: Re: Re: Re:
"What I find troubling is when folks like yourself call market competition "being ripped off.""

I understand that you're the poster bloviator for tech douches, but calling piracy "market competition" is even funnier than your usual bullshit.
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nunya business, 4 Jan 2016 @ 6:33pm

name the lawyers involved.
it seems that few news stories actually name the lawyers involved in any of of the gov't/industry scams - which is a huge disgrace.

Granted some news sources do, but for many, many news stories there is no mention of the offending attorney's name - those opposing 'fair use'.
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Anonymous Coward, 4 Jan 2016 @ 6:41pm

RIAAtarded
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Anonymous Coward, 4 Jan 2016 @ 6:52pm

Good thing you repeated that Otherwise I would have though you said the Chinese government had stripped someone of their property and rights just because they could.
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Anonymous Coward, 4 Jan 2016 @ 6:55pm

Re:
Government for the most part rewards those who break the laws and ignore the rest when they break the laws. You get the odd prosecution for breaking a law but mostly they treat themselves as above the law.

a lot of government types that fall under that heading but a free society is not 1 of them
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Anonymous Coward, 4 Jan 2016 @ 6:57pm

Re: Re: Re: Re: Re:
Better a tech douche then an RIAAhole.
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Anonymous Coward, 4 Jan 2016 @ 6:59pm

Re:
Why would you expect the laws to protect you if those in charge are picking and choosing who gets protected by the laws?

If you trust those in charge not to be malicious about such things why then are they treating themselves as above the law?
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That One Guy (profile), 4 Jan 2016 @ 11:06pm

Re:
Congrats on failing the test.

If you don't support the rights of 'bad people', then you're missing the point, because those are the exact same rights that protect 'good people'.

They either protect everyone or no-one, because if rights only apply to 'good people' then they're no longer rights, they're privileges, and can be ignored at will or whim.
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PaulT (profile), 5 Jan 2016 @ 1:41am

Re: Re: Re: Re: Re:
"piracy "market competition""

Did he do that, or is your lack of interest in the facts of these discussions causing you to attack a fantasy, as usual? The facts are evident - you're hallucinating again.
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PaulT (profile), 5 Jan 2016 @ 1:43am

Re: Re: Re: Re:
"That's not true, there have been plenty of Techdirt articles about record label contracts."

No, no... those don't count for random reasons, judging by the defences launched by ACs on every one of those articles. It's only when someone outside of the major labels *might* have lost *some* unknown amount of revenue for the artists that it counts. Record labels directly stealing from artists is OK.
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PaulT (profile), 5 Jan 2016 @ 1:45am

Re: Re: Re:
Per song...
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Ninja (profile), 5 Jan 2016 @ 3:43am

Re: Re:
Good Lord, I'm gonna assume he wasn't thinking properly when he said that. But you see, even though you are right and pretty much obvious, from my experience people in general CANNOT see how monumentally stupid such attitude is. There's the saying here "when water hits the butt people learn to swim" and it's pretty much the case: these people don't see a problem because they were never in the receiving end of censorship.
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Mason Wheeler (profile), 5 Jan 2016 @ 7:30am

Re: Re:
The point -- which apparently went WAY over your head -- is that one of the largest music stars today was supporting the website.

If by "music" you mean "rap." To people outside that particular fandom, he's best known as "that attention-whore jerk who shamefully mistreated Taylor Swift."
That you read something else into it suggests a rather problematic view on your part.

I find that fact that you think that thinking that someone's character matters is problematic problematic.
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Anonymous Coward, 5 Jan 2016 @ 11:14am

Re: Re: Re: Re:
Both parties share (enter some common trait), therefore they also share all other points of view - got it.
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Blunted Studios, 22 May 2017 @ 3:32am

WOW
Wow, I cannot believe that actually happened. What did they even gain from that?
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