Posts Tagged ‘Mike Masnick’

City of London Police Hijacking Websites Without Court Orders

Thursday, October 10th, 2013

Some scary news out of London. The City of London Police has a new Intellectual Property Crimes Unit, and they are demanding – without a court order – that domain registrars shut down websites and redirect traffic to commercial websites that seem to be affiliated with the companies that made the triggering complaints to the police.

EasyDNS’s Mark Jeftovic – one recipient of these demands – is fighting back. He’s posted Whatever Happened to “Due Process” ? on EasyDNS’s blog.

Among the good points he makes:

Who decides what is illegal? What makes somebody a criminal? Given that the subtext of the request contains a threat to refer the matter to ICANN if we don’t play along, this is a non-trivial question. Correct me if I’m wrong, but I always thought it was something that gets decided in a court of law, as opposed to “some guy on the internet” sending emails. While that’s plenty reason enough for some registrars to take down domain names, it doesn’t fly here.

We have an obligation to our customers and we are bound by our Registrar Accreditation Agreements not to make arbitrary changes to our customers settings without a valid FOA (Form of Authorization). To supersede that we need a legal basis. To get a legal basis something has to happen in court.

(Emphasis and links omitted.) He also makes this point:

What gets me about all of this is that the largest, most egregious perpetrators of online criminal activity right now are our own governments, spying on their own citizens, illegally wiretapping our own private communications and nobody cares, nobody will answer for it, it’s just an out-of-scope conversation that is expected to blend into the overall background malaise of our ever increasing serfdom.

By the way, the City of London Police is the smaller of two police forces in London. The other is the Metropolitan Police. The City police are responsible for the smaller and older portion of London that is referred to as “the City,” which includes the center of the finance/banking industry as well as many of the major law firms. The Houses of Parliament, Buckingham Palace, and most of the rest of what you think of as London is outside the City and under the jurisdiction of the Metropolitan Police.

More:

Trademark Bullying in the Blogosphere

Thursday, March 3rd, 2011

Mike Masnick:

Section 230 and Forced Removal of Defamatory Content

Friday, January 14th, 2011

Mike Masnick profiles some Section 230 cases that are important for bloggers:

Masnick Reflects on Public Domain Day

Wednesday, January 12th, 2011

techdirt logoFurther to our discussion of the public domain – mostly relevant to bloggers as a source of free images – Mike Masnick of TechDirt reflects on Public Domain Day, as other nations receive new content into the public domain, and once again, nothing in the U.S. becomes free of copyright restrictions.

Mike Masnick on Outsourced IP Policing

Tuesday, December 28th, 2010

From Mike Masnick in TechDirt:

[W]ith our [U.S.] government often believing just about anything Hollywood tells them, and with a long term effort by the industry to have the government act as its own private police force, we’re seeing things like the totally botched seizure of domain names of blogs and forums on a questionable basis.

The outsourcing of police work to trade groups is not unique to the USA, as Masnick notes. He reports on similar ploys afoot in the Netherlands, and it turns out that at least one Dutch court is fed up. That court dismissed a criminal action when Dutch police relied on an industry group, BREIN, to do the investigating for them.

More from Masnick:

My Deacon, My Sheriff

Tuesday, November 9th, 2010

Mike Masnick at TechDirt has a nice succinct synopsis of the incredibly frightening I-can’t-believe-this-happened-in-America story of the First Baptist Church in Jacksonville, Florida and the government/church joint venture that came after blogger Tim Rich:

As Masnick says,

A local sheriff’s detective, Robert Hinson, who was (in addition to being a sheriff’s detective) a member of the same church, a provider of security to the church, a deacon at the church and a member of the church’s “disciplinary committee,” used his position in the sheriff’s office to open an official investigation into the blog …

I posted about this case a little while back: Justice for a Blogger Ganged Up On By Sheriff and Church.