Post a link, go to jail - Politics and Economics

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Post a link, go to jail

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03-13-2011 , 03:45 PM

Low Key

Carpal \'Tunnel

Join Date: Jan 2007 Posts: 33,327

Original Story

Reported on Slashdot

Quote:

"Based on my participation in the investigation leading to the February 2011 Seizure, I know that Channelsurfing.net was a 'linking' website," special agent Daniel Brazier wrote in the complaint.

"Based on my training and experience, I know that 'linking' websites generally collect and catalog links to files on third party websites that contain illegal copies of copyrighted content, including sporting events and Pay-Per-View events," he added.

The special agent detailed 17 copyrighted sports programs he was able to watch when he "clicked on links" at channelsurfing.net.

While the criminal complaint alleges that McCarthy did engage in the "reproduction and distribution" of copyrighted material, it is never clear that he actually reproduced any of the specified broadcasts.

TorrentFreak response

Quote:

1. The Government Seizes The Domains Without Prior Notice And Hearing.
2. Seizures of Protected Speech Without a Hearing Violates The First Amendment.
3. There Is No Concern That The Accused Will Flee With Their Domains.
4. There Is An Unacceptable Risk Of Wrongful Seizure.
5. Targeted Sites Are Not Given An Immediate Opportunity To Reclaim Their Domain.

- These 5 are elaborated upon in the TF link.

I'm curious what the Dept. of Homeland Security and Immigration and Customs Enforcement has to do with copyright law. Is the reasoning that things which happen abroad fall under 'customs' and thus ICE and DHS?

Thoughts on how this will play out or hold up in court? Will you change your linking habits because of this - no longer linking to copyrighted material on youtube? (What of youtube? They host many copyrighted videos, not just via link!)

03-13-2011 , 04:06 PM

[Phill]

Carpal \'Tunnel

Join Date: Jun 2004 Posts: 52,717

Im not sure of the exact remit of the US Customs, but over here HMCE (customs) is the organisation that is involved in piracy investigations and prosecution.

If it wasnt that department it would be another, its a bit of a distraction to discuss whether XYZ should be doing it, although it seems more logical to me to be prosecuting it under the FBI which has taskforces specifically for investigating prosecuting other cyber crimes.

As for the case i assume its going to be won by the defendant, the law will close the loophole and will specify what is and isnt a linking website and not much will change in terms of piracy.

Oh and i wont be changing anything about my habits. We all know people are prosecuted for downloading stuff and that is more of a 'worry' to me than linking up some youtube videos or whatever. If they get me for something is gonna be for that.

03-13-2011 , 04:35 PM

leavesofliberty

Carpal \'Tunnel

Join Date: Jul 2010 Posts: 6,296

well, on the one hand this is bad, but when you think about it, this onerous law is really creating a lot of jobs. think of all the new police officers needed to enforce the law, and all the money that they are going to spend with their salaries. overall, I'd say it stimulates the economy.

/level

in seriousness, it won't change my linking habits.

Last edited by leavesofliberty; 03-13-2011 at 04:38 PM. Reason: add

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