[At-Large] NYTimes : U.S. Shuts Down Web Sites in Piracy Crackdown

[Carlton Samuels]

I saw that post as well.   The quick answer is yes, the USG - or any other
jurisdiction to which that business is domiciled - could.   Any variance in
the order means a trip to the district court...and I suppose a bit of
lawyering to show standing.

BTW, a similar kind of exposure occurs when third party host secondary
domain name servers.

Carlton

==============================
Carlton A Samuels
Mobile: 876-818-1799
Strategy, Planning, Governance, Assessment & Turnaround
=============================


On Thu, Dec 2, 2010 at 3:18 PM, Dev Anand Teelucksingh <admin at ttcsweb.org>wrote:

> Here's another related article on the procedure :
>
> http://opinion.latimes.com/opinionla/2010/11/seizing-domain-names-without-coica.html
>
> which raises a interesting scenario : many ccTLDs outsource the technical
> running of the ccTLD to third party registry operators, several of which
> are
> US based. Does the recent ICE seizures imply that
> ICE can issue a seizure warrant against a US based registry operator
> running
> a ccTLD and redirect a ccTLD to ICE's own servers without notifying the
> ccTLD or the ccTLD registrant?
>
> Dev Anand Teelucksingh
>
>
> On Sat, Nov 27, 2010 at 5:05 PM, Carlton Samuels
> <carlton.samuels at gmail.com>wrote:
>
> > Seems like they did it following prescribed procedure.  Good thing is any
> > person aggrieved can always seek relief in district court.
> >
> >
> > ==============================
> > Carlton A Samuels
> > Mobile: 876-818-1799
> > Strategy, Planning, Governance, Assessment & Turnaround
> > =============================
> >
> >
> > On Sat, Nov 27, 2010 at 2:25 PM, Dev Anand Teelucksingh
> > <admin at ttcsweb.org>wrote:
> >
> > > NYTimes : U.S. Shuts Down Web Sites in Piracy Crackdown
> > > By BEN SISARIO Published: November 26, 2010
> > >
> > > "In what appears to be the latest phase of a far-reaching federal
> > > crackdown on online piracy of music and movies, the Web addresses of a
> > > number of sites that facilitate illegal file-sharing were seized this
> > > week by Immigration and Customs Enforcement, a division of the
> > > Department of Homeland Security.
> > >
> > > By Friday morning, visiting the addresses of a handful of sites that
> > > either hosted unauthorized copies of films and music or allowed users
> > > to search for them elsewhere on the Internet produced a notice that
> > > said, in part: “This domain name has been seized by ICE — Homeland
> > > Security Investigations, pursuant to a seizure warrant issued by a
> > > United States District Court.”
> > >
> > > In taking over the sites’ domain names, or Web addresses, the
> > > government effectively redirected any visitors to its own takedown
> > > notice.
> > >
> > > “ICE office of Homeland Security Investigations executed court-ordered
> > > seizure warrants against a number of domain names,” said Cori W.
> > > Bassett, a spokeswoman for ICE, in a statement. “As this is an ongoing
> > > investigation, there are no additional details available at this
> > > time.”
> > >
> > > Read full article :
> > > http://www.nytimes.com/2010/11/27/technology/27torrent.html
> > >
> > > Also, OSNews.com also reporting on the story says :
> > >
> > > "...The US has started seizing the domain names of various websites
> > > through ICANN.......The seizures come from the US Immigrations and
> > > Customs Enforcement, and cover about 70 websites relating to potential
> > > copyright infringement and counterfeit goods, among which is
> > > Torrent-Finder.com, a mere torrent search engine which does not host
> > > or even link to torrents; it displays content hosted elsewhere through
> > > embedded iframes.
> > > "My domain has been seized without any previous complaint or notice
> > > from any court!” the owner of Torrent-Finder explained TorrentFreak,
> > > “I firstly had DNS downtime.
> > > While I was contacting GoDaddy I noticed the DNS had changed. Godaddy
> > > had no idea what was going on and until now they do not understand the
> > > situation and they say it was totally from ICANN."
> > >
> > > Read OSNews.com article :
> > > http://www.osnews.com/story/24074/US_Government_Censors_70_Websites
> > >
> > >
> > > So, how does that work? The US Immigration and Customs Enforcement
> > > served the seizure warrant on the gTLD registry and the gTLD registry
> > > then updated the DNS records for that domain name to point to ICE's
> > > DNS servers?
> > >
> > > -----
> > >
> > > Dev Anand Teelucksingh
> > >
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