Fire Alarm Companies

Imagine if the U.S. government, without notice or warning, raided the offices of a magazine of small but very popular during the Thanksgiving weekend, seized printing presses business, and said to world that the magazine was a criminal enterprise with a giant banner on their building. Then imagine that never stopped anyone, never miss a trial, and filed everything about the case under seal, or even let the lawyers talk to magazine judge the case. And continued to deny due process to all over a year

, until finally just give everything to the magazine and pretend nothing has happened . I hope most people would be outraged. I hope that almost everyone will say it's a classic case of censorship, massive violation of the First Amendment, and that's exactly the kind of thing is not, or not, occur in the U.S. States.

But in a story that has been in gestation for over a year, and we present to the public for the first time today, it is exactly the scenario described in the last year - with the only difference is that instead of "printing" and a "magazine", the story involved a "field" and "blog".



There are so many things in this story is crazy, it's hard to know where to start, so let's give the most important point first: The U.S. government . effectively conceded that totally fucked and wrongly seized and banned non-infringing domain of a popular blog, having falsely claimed he took part in criminal

copyright infringement. So after trying to hide behind a totally secret trial, without any due process whatsoever (in fact, not even serve the documents to counsel for the site or provide notifications on time - or the provision of all materials all) for
> over a year
, the government realized it could not hide more and gave up and returned the domain name to its original owner. If you ever wanted to understand why the crisis ICE field to break the law - and why the soup and protect intellectual property is almost certainly unconstitutional - look no further than what happened in this case.

Well, now some details. First, remember Dajaz1.com? He was one of the sites were seized during the weekend of Thanksgiving in 2010 - a little over a year. These seizures were of particular interest because one of the sites were seized many hip-hop blogs, some of which were highly rated on the list of blogs over the Vibe hip hop. It was not the kind of thing anyone would expect, when supporters of domain seizures and laws such as soup and IP PROTECT speak of "pirate sites". Blogs with lots of protected expression, and in the community of hip hop these blogs, especially, were like those of the radio. Artists regularly filter their works directly to these sites to promote their albums. Note that even if some stars like Kanye West and Diddy Twitter links to some of the confiscated estates in the past. In fact, as details emerged, it became clear that the ICE and the Department of Justice were
way
more general. ICE "research" was conducted by a recent graduate of technical college inept, does not even seem to understand the basics of the technology. But it kept him from going to a judge and ask for a site to be completely banned without due process.

Dajaz1 The case has become particularly interesting for us, after seeing evidence that the songs that the ice used in his affidavit that "proof" of a violation of law Copyright songs criminals sent by representatives of the holder the right to request that the site to see the works - in one case, even from a vice president of a major label. Worse, the only evidence that the ice was that these songs were breaking the word "VP fight against piracy of Legal Affairs of the RIAA," Carlos Linares, who was not only able to know if the songs were forged or authorized. In fact, one of the songs of an artist involved not even represented by an RIAA label, Linares and clearly had no right to speak for this artist.

Despite all this, the government seized the area, with a big scary warning graphic on the site, suggesting its operators were criminals, and declined to comment > in all

the case. Defenders crisis has insisted that it was all perfectly legal and nothing to worry. We were promised that the government had the right to do that and much evidence Additional support their claims. We were promised that the government would allow a large number of fair hearing within a reasonable time. They also insisted that, having heard nothing happens in the case of many months This means that any attempt to oppose the seizure took place. ... It turns out that none of this was true.

The following is a history that should never happen in the United States. It's like something Kafka or film Brazil

, but should never have happened in the Constitution US. First, you must understand that two distinct processes: the attack and then there is confiscation. Under the laws of forfeiture, the government has 60 days from the removal of "notify" those whose property is seized of it (imagine the government's raid and take his property and did not even say why, for two months). Once notified, the owner has 35 days to file a claim for restitution. If this fails, only the government can effectively maintain the property, so it tends to focus on intimidation and threats against anyone who suggests plans to ask for his return of property (usually in the form of threatening to complain). However, if a claim is filed, the government 90 days

start full "confiscation" of the process, allowing the government to keep the seized property and never have to give back. If the claim of restitution and the government did not order the forfeiture, which is necessary to return the property. Thus, crises

allegedly used as a temporary part of the investigation, to stop criminal activity or to prevent destruction of evidence. However, it is not always how things occur in real life.

As we have heard a number of domain names that had been seized, the government began as a dead crazy when contacted by representatives of the domain owners looking to get their domains back. ICE even outright lied to the public, saying that no one doubted the crisis, when knew very well that some sites were actually a challenge. RojaDirecta This case, but what about Dajaz1 After continuing with the stop and refuse to respond to the presentation of Dajaz1 at the request of the domain name is returned, the government lawyer said Dajaz1 Andrew P. Bridges, scheduled to begin forfeiture proceedings (as required by law if she wanted to keep the field). Bridges made it clear that he would challenge Dajaz1 forfeiture proceedings and try to get the domain name for this time. Then the time for government to confiscate files

came and went and nothing apparently came

. Absolutely nothing. Bridges in contact with the government to ask what is happening and he told me that the government had received an extension of the court. Bridges rightly asked how it was possible without it, as a lawyer for the site, after being informed of it or in connection to present arguments why this extension was not appropriate.

also requested a copy of the court order authorizing the extension. The government said no and that the extension was filed under seal and could not be released, even in modified form.



asked for my papers requesting the extension movement. The government said no and that the documents were filed under seal and could not be released, even in modified form.




again asked if the presentations are advised of the extensions. The government said no then asked the U.S. attorney to inform the court if the government made another application to extend the domain owner objected to the extension and would like the opportunity to be heard .

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