ICE Filed Complaint for Forfeiture Against Seized DomainsAdded: Friday, January 7th, 2011
Category: Recent Headlines Involving File Sharing > Ridiculous Criminal Trials
Tags:ET, p2p, Torrent, Piracy, Peer To Peer, Network, Hackers, Internet, BitTorrent, Google, utorrent, bitcomet, extratorrent, 2010, www.extrattorrent.com
Immigration and Customs Enforcement recently filed Complaint for Forfeiture, which showed that many of the domains mentioned there are just services linking to copyrighted content hosted somewhere else. However, the complaint stated that such domains should be seized as well because they “facilitate the commission” of copyright violation.
ICE, a division of the Department of Homeland Security, has filed a Complaint for Forfeiture against eight of the almost hundred domains it seized in the late 2010 within the “Operation In Our Sites” campaign. Although the event of seizures has been widely discussed, it was just the first step in the forfeiture process. Now, with publishing a notice of the forfeiture action, the ICE makes the next step towards formally taking domain names away from their owners. Those are given 2months from the day of the complaint to contest the action in court.
Namely, a Complaint for Forfeiture mentions the following domains: tvshack.net, thepiratecity.org, movies-link.tv, planetmoviez.com, zml.com, now-movies.com and filespump.com
While the process is fairly straightforward, such complaints indicate a troubling state of affairs in the digital world. For instance, ICE targeted tvshack.net for merely linking to other services enabling users to illegally stream or download copyrighted content. Meanwhile, tvshack.net isn’t accused of hosting any copyrighted content, just linking to other websites that do.
There are 4 examples of occasions on which the agents of Department of Homeland Security were able to access copyrighted files, but in each case the files themselves were located elsewhere, like on zshare.net, or NovaMov.com that are still online and operating, by the way.
7 other services whose domains are mentioned in this forfeiture action show the same result at a closer look. All of them merely provided links to copyrighted content that was illegally hosted somewhere else.
Another interesting thing that surfaced is that the MPAA has been heavily involved in the case. In fact, it made a top 10 list of “notorious websites” for ICE in the first place. In addition, in each case the ICE agents confirmed with the Association that the targeted movies were still playing in theaters, and that the MPAA hadn’t allowed their 3rd party online distribution.
January 7th ,2011Posted by:
Friday, January 7th, 2011
|My opinion is the domain holder should file a writ of Habeas corpus and demand ICE prove a crime has been committed...|
For those of you who are or may argue Habeas corpus doesn't apply; ICE arrested or "imprisoned" the "domains" of the holders with out due process.
It also appears the Federal Government maybe using a "Bill of Attainder" which is prohibited.
This is not intended as any legal advice my opinion. you need legal advice get an attorney..
|Because ICE falls under the umbrella of Homeland Security they think their above the law. Homeland Security does not need warrants or have to follow judicial procedure Thanks to the Patriot Act AKA Bush's dictator act. I really do hope the victims of these illegal seizures get their day in court and that the ICE melts and runs down the sewer where they belong.|
|JamesHotWire - True; BUT the really disturbing thing is all this "copyright" crap going on is really in the FBI's jurisdiction and NOT ICE... I remember seeing the FBI logo on movies and not ICE's LOGO?|
Seems the FBI is smarter than ICE and see a serious legal problem for ICE down the road..
ICE has filed a complaint for forfeiture; BUT ICE has to prove what law they can use the forfeiture Laws for this - as far as I can find THEY CAN NOT...
They are messing around in a civil area and with the MPAA behind them.
How come they have not sized GOOGLE, AOL, APPLE, and more? They are providing the means to "pirate" material as claimed by the MPAA and RIAA... It also has been proved APPLE e store is selling pirated e books... Yet ICE has not seized the APPLE.com domain???
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