ICE Finally Admits It Totally Screwed Up; Next Time, Perhaps It'll Try Due Process

from the just-a-tip dept

While the folks at Homeland Security refused to even admit that they had totally screwed up and seized a domain with 84,000 (mostly legal) websites last week, apparently someone at Homeland Security finally realized that the press wasn't going to keep accepting them refusing to answer questions about it. So, it's finally come clean and admitted they seized all of mooo.com, despite the vast majority of it being legal.

I would think that mooo.com's operator has an incredibly strong legal case against Homeland Security if he decides to bring it.

That said, Homeland Security's statement on the matter is pretty (unintentionally) funny in that it doesn't seem to apologize for this blatant First Amendment violation, nor the lack of due process, but does say that authorities are "reviewing" what happened to avoid future mistakes. Oh really? Here's a simple suggestion:

Try some due process.

It's pretty simple, really. If, rather than just seizing domains with absolutely no notice whatsoever, Homeland Security and the kids at ICE actually had to file a lawsuit and allow for an adversarial hearing before the domain got seized, then somewhere in the process before 84,000 voices got shut up by the US government, someone might have pointed out that most of the content on mooo.com was perfectly legal, and Homeland Security could have focused on the few users who were breaking the law. But, you know, that would involve actually obeying the law, and that seems like way too much for Homeland Security these days.

Filed Under: domain seizures, due process, first amendment, homeland security, ice, mistakes, mooo.com, prior restraint

Homeland Security Won't Even Admit Whether Or Not It Seized Mooo.com, Taking Down 84,000 Innocent Sites

from the transparency-in-government dept

Yesterday, I wrote about how there were many reports, starting over the weekend, claiming that Homeland Security's inept Immigration and Customs Enforcement (ICE) group had once again screwed up the process of seizing domains. However, this time, the mistake appeared to be on a much larger scale. While some other sites have simply assumed that Homeland Security seized the entire mooo.com domain, thereby publicly accusing 84,000 sites (nearly all of which were perfectly legitimate) of trafficking in child porn, we were at least willing to give Homeland Security the benefit of the doubt and question whether it was really involved.

Given that no one seemed to confirm that Homeland Security was involved, I figured I might as well ask. I sent off a quick email to a press contact at Homeland Security, asking a simple question: did Homeland Security seize -- and then unseize -- the mooo.com domain? It seemed like a simple yes or no question, and given that Homeland Security is a part of the Obama administration, which has promised the utmost transparency, I figured the least it could do was provide that simple answer. Instead, the response I got was:

"I need to refer you to DOJ for a response to your question."

This, of course, is not true. The actions were taken by Homeland Security's ICE group. It was Homeland Security that put out the bragging press release about seizing more domains and putting up their "this site trafficked in child porn" graphics. But it can't even answer a simple yes or no question about a specific domain? That's not transparency. It also seems to suggest quite strongly that DHS and ICE did, in fact, screw up royally here.

I responded to the press contact, and pointed out that there is simply no reason that Homeland Security cannot answer this question, and repeated the question, but I have not heard back. I also sent an email to the Justice Department, and have also received no response.

Lots of folks are pointing out the incredibly serious First Amendment concerns brought out by such a seizure. Of course, we've pointed out such concerns with all of the previous domains seized, and people said they were overblown concerns. I'm somewhat stunned that we still had people defending such seizures without any due process, when 84,000 legitimate sites might have taken down, as a result.

And, once again, if there were actual due process, involving an actual adversarial hearing, moves like this would be avoided. On top of that, if Homeland Security wanted to actually go after child pornographers by tracking them down and arresting them, rather than just seizing domains, mistakes like this would be avoided. Of course, that would involve doing real work. And that's something that Homeland Security apparently isn't interested in, from the special agents who have failed massively in their investigations on these various takedowns all the way to the press spokespeople who can't even be straight with the American public when they make a massive First Amendment-violating mistake.

Filed Under: domain names, free speech, homeland security, ice, mooo.com, prior restraint, seizures, transparency