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US Official Speaks Untruths About Torrent-Finder Domain Seizure


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icesmall.jpgLate November last year, the news that 82 domains had been seized by the Department of Justice (DOJ) and Immigration and Customs Enforcement (ICE) was making headlines across the Internet. In particular, the seizure of the BitTorrent meta-search engine Torrent-Finder has been discussed widely.

The legitimacy of the Torrent-Finder domain seizure was questioned from the start, and the owner of the site is now fighting to get his domain back through an expensive legal procedure. In the past several weeks the authorities involved in the seizures have not responded to the critique, but at the Congressional Internet Caucus’ State of the ‘Net conference ICE director John Morton broke the silence.

“They were all knowingly engaged in the sale of counterfeit goods,” Morton said yesterday, defending the “Cyber Monday Crackdown” domain seizures. “We’re going to enforce the law. It’s that simple,” he added.

Now this is just flat out wrong, on more than one count.

For one, torrent sites are in no way connected to counterfeit goods. A counterfeit product is by definition an imitation of a product that is often sold to consumers as the real deal. The term applies to fake watches, clothing and other consumer goods, but certainly not to any of the digital files that can be found via search engines such as Torrent-Finder.

In addition, the ICE director claims that such counterfeit goods were sold at Torrent-Finder. Again, this is nowhere near the truth as virtually all torrent sites, Torrent-Finder included, offer their services to the public at no cost. There is nothing to be sold, and certainly not any counterfeit goods.

It has to be said that many of the seized domains were indeed involved in selling counterfeit products, but Torrent-Finder and several music linking sites weren’t. That said, Morton’s statement specifically includes all their seized sites, even though the controversial position of Torrent-Finder and the music linking sites were brought up at the conference.

The ICE director made quite a misstep with the statement we quoted above, and the worrying part is that it might even be unintentional. It wouldn’t surprise us if Morton has no idea what a torrent site actually is. The frequent mix-up between counterfeiting and digital piracy, however, is a worrying trend for sure.

Although we quoted less than two dozen words from Morton there is another part that we believe isn’t as “simple” as the ICE director claims. “We’re going to enforce the law,” he said, but that’s a stretched statement to say the least. What law is it, that mandates the seizure of a website that links to other websites that may link to files that could link to copyrighted material?

If there’s arguably any suspicion of a copyright infringement related offense committed by Torrent-Finder, wouldn’t it be a civil dispute under current law?

The documentation and the official response from ICE regarding the seizure of Torrent-Finder have “fail” written all over them. Not only is the response from Morton factually incorrect and inappropriate, but the original seizure warrant was also full of inaccuracies and misunderstandings as well.

The big question is whether it will matter in the end. The Government seems to be committed to a crackdown on piracy, and domain seizures are an effective tool to get sites down temporarily. It’s a grim outlook, but with the increased Government involvement in the Internet we fear that many sites may lose their domains in the coming year.

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democrats and rinos see terrorist as copyright pirates. remember this admin does nto beleive in the word terrorism nor terrorist. please stop voting for these bast!@#$%^&.

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I think what is being used here is an old tactic.... You don't have a particular law involved here... and no evidence... Yet in an effort to squeeze an actual law breaker... elements and people of influence around are getting the squeeze put on them.. Therefore ... when you use a loophole to go in and take control of something .. look at an operation.. observe, gather information and intelligence... and take a good look at the web that connects who and what.. with this information you will position yourself accordingly and make a planned action or method of approach which is going to do the most damage and most efficiently before all the bad guys take off running..

Typical Police work.. along with the media slamming which keeps these people viewed as fugitives of justice... None of this right and yet can be compared to the mind of a juvenile females, can be quite effective in taking a logistical stance on something... You see it on TV.. real life and spans many organizations and entities..

Its the thing everyone is looking over their shoulder to watch for... the first clue is enough.. by the time its turns into the second.. your screwed...

They are going after someone or something and there will be an intrinsic focus on it..

Still not seeing the political connection however... sort of thing happens all the time and has for years.. in one way or another.. When its all said and done.. and no blanket law covers them.. the site will probably be back up..

Right now everywhere I see injustices being done and rights being violated.. Law enforcement will state that they no longer have those rights the minute they involved themselves in criminal activity.. but in truth,, they are being criminalized unjustly, to accomplish their goals and serve as a mantle-piece.. anyone who stands to profit from it in anyway ... will be there share in the ruins of it all..

Problem is that a set of laws specific in definition.. concerning these areas and better objectivity needs to be used when it comes even citing a law... or being publicly targeted by said entities..

If this area was un-addressed and people did not notice see or understand these areas.. we would have many people who are pushed back into the lost crevices of society to try to survive who have done nothing wrong.. I see it everyday.. I hear the truths about what really drives it behind the targeted backs... In a way by the people for the people should not represent ' for th majority rules and who can make it happen only ' .. it never has and never will.. Legislative and administrative is going to be at fault.. The problem is when this turns out to be quite fruitful for the individuals or any campaign of the individuals involved.. It like cocaine for them.. They can't get enough.. and they will kill themselves with it... Its indirect.. and is accepted and not curtailed as it should be.. and the process without proper infrastructure will corrupt.. and injustices will serve to destroy life and the lives of those connected..

Nobody ever wants it to be of apparent concern.. but to what levels should it be observed and .. what will keep it in check.. ( something like the branches of government? ).. Will be like big business and wait until the damage is done to ever change... Will everyone continue to feed this cycle or make effort accordingly.. ones worth being notable... on any level..

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they are going to use this is shut down anythign they like. this is a very dangerous evil illegal bll that they are trying to get passed.

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