Another Homeland Security Overreach: DHS Starts Seizing Websites
by Mike FlynnThe always interesting Business Insider has this report:
The Department of Homeland Security’s ICE has launched a major crackdown on websites enabling copyright infringement or selling counterfeits of trademarked goods. In just the past few days ICE has seized at least 12 domains, TorrentFreak reports.
All of these domains now display the image shown here.
Okay, so each of the domains seized is probably breaking the law. Knowingly violating someone’s copyright is rightfully against the law. I don’t know anything about these sites, but, for now, I’ll assume they were selling knock-off goods as the real thing and not as some kind of faux Louis Vuitton. Still, this part of the article bothers me:
The owner of an affected site told TorrentFreak that his domain was taken over without any prior complaints or notification from the court.
So, the sites were seized before the site’s owner heard any charges or had the chance to submit any counter evidence in court. The owners of the sites had their property seized without being allowed to defend themselves. I successfully avoided law school, so I don’t know the exact legal term, but this strikes me as an overstep in their enforcement authority.
But, the article begs an even bigger question: What the hell do fake Guccis have to do with homeland security?
I can appreciate that trafficking in fake goods and music piracy inflict substantial economic harm on the branded companies and labels. But, I do appreciate also that this has nothing to do with protecting the country from foreign or domestic terrorists. We still have a Justice Department, right?
In fact, the article notes that Congress hasn’t given this authority to the Attorney General:
A controversial bill that would allow the Attorney General to shut down domains on similar grounds was recently derailed (temporarily) by Oregon Senator Ron Wyden.
The Attorney General is the chief enforcer of federal law and, accordingly, is responsible for enforcing federal copyright protections. And, he doesn’t have the authority that Homeland Security is asserting for itself.
This goes to the heart of why I strongly opposed the creation of DHS when first proposed. Like its contemporaneous legislation, the Patriot Act, it wasn’t so much the specifics of the proposal, but what it would eventually evolve into that bothered me. Bureaucracies may seem to live in their own ecosystem, but they operate largely like any other business, i.e. they try to grow. Unfortunately for us, the way bureaucracies grow is to issue more regulations and assert ever more authority over parts of our life.
In the aftermath of 9-11, when the creation of DHS was being debated, would your opinion have been swayed if you knew that, within just a few years, the proposed agency would be seizing websites peddling fake purses? Did you imagine that the proposed agency would soon demand to take naked photographs of randomly-selected U.S. citizens? Or, insist on its authority to physically grope children?
Now, ask yourself this: What will the Agency be doing 10 years from now? Or, 20? In a little more than half a decade, DHS has morphed from protecting us from terrorists to protecting us from fake merchandise. Who is going to protect us from DHS?
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287 Comments
The march is on to a NWO. The TEA PARTY is the most crucial group to thwart the plan.
Slippery slope… how long until the blog site domains are seized in the name of "security"? We do live in frightening times…
this is just another idiotic move by the progressive move-. . .
-(edited by DHS) I love the idea. I think that it would never happen on news sites or blog sites that decided on sharing information because all the glorious peoples of this great land love the idea and want more of Lord Obama's ideas to come to fruition.-
. . . . -ment to stifle free speech!
Maybe the fake bags(?) were funding terrorism? I know the Taliban and Hezbola in Dearborn Michigan arbitrage throw away cell phones and pirate DVD's to fund their terrorist brothers in the Middle East. A whole chain of restaurants here was shut down because of ties to terrorism and laundering money for them.
-or-
the bags (?) were being muled to their US buyers by illegal immigrants.
-or-
DHS is the jackbooted enforcer of the facist regime currently in the Executive Branch.
Yep thanks Bush 43, you Progressive tool bag.
I don't blame Obama for this one, not even Holder. This all falls squarely on the shoulders of Bush 43. And Obama loves the DHS. Call it a…gift that keeps on giving.
We need to makes sure we don't get another wolf in sheep's clothing for POTUS in 2012. The Bush legacy is still crippling our freedoms to this day. And things aren't going to get any better with a Socialist moron/activist in charge either.
For the love of God, we need a REAL leader, and a few miracles…!!!
Can't happen.
Can't happen here.
They said that in Germany in 1939.
Just wait until Homeland In-security seizes Breitbart's websites and Andrew Breitbart is carrying Napalitanos briefcase, and Mike Flynn is fetching her coffee. Sound preposterous? Sound far-fetched?
Not to me it doesn't.
BIG BROTHER pays an unannounced visit to a few web-sites… are Holder and Co really worried
about counterfeit retail goods, or is this SABRE RATTLING designed to strike fear in News bloggers,
talk radio, et al?
Are we ALL communist yet?
.
Just more of Jackass Janet's reach for more intrusion into the daily lives of the American people.
Can't help juxtaposing this with her attitude when she was AZ gov toward illegal aliens. It's all right for them to break the law and overrun the country, but God help some little two-bit guy counterfeiting whatever………Both are law-breakers, but we can't have knock-offs.
Just more selective enforcement by DHS as they go about seeing how far they can subvert the Constitution…………
Let's just say that DHS has it's 'boot on the throat' of fake handbag dealers. Could be because you are more likely to smuggle plastic explosive on board a plane with a fake Louis Vuitton that you would be to use the real thing. Even suicide bombers know better than to detonate anything inside a genuine Louis Vuitton. That could lead to higher rates of divorce amongst your islamic jihadists. Posthumous divorce that is.
i always thought innocent until proven guilty. perhaps they are not selling knockoffs, but the real thing. they might have fallen off of a truck, and they are just selling stolen property, not fake property. and if the stolen property was purchased from the real manufacturer, and the guy who it was stolen from lost the money. why does the manufacturer get paid twice? all of these things need to be resolved in court, what if it was a bought from a business that went belly up, and was just selling off the last of his assets? shouldn't these questions be answered before taking action? this is the sign of a out of control government. next thing you know, they will be shutting down ebay, due to old microsoft products being sold there.
This is just a trial balloon to see how we would react. Just like the TSA groping is.
How soon before they shut down the Big sites and ARREST THE POSTERS here as threats to Homeland Security?
Americans are being subjected to the first stages of a police state.
Funny how they didn't seize the Gawker website when it violated the copyrights of the publisher of Sarah Palin's latest book. It doesn't get more blatant than that (and her publisher even got an injunction through the court system so the government was on notice!) and that tells you these seizures are not an equal enforcement under the law, but a political tool used by politicians for the benefit of their own supporters.
Forcing private citizens to purchase commercial products… Check
Intimidating and silencing private citizens by slandering them… Check
Patting down grandma… Check
Outlawing homegrown tomatoes… Check
Shutting down electronic communications under the guise of copyright infringement… Check
Forcing private citizens to belong to political organizations as a condition of employment… Check
Allowing enemies of the republic unrestricted movement over our borders… Check
Balancing the federal budget and cutting spending, governing within constitutional limits, standing up to enemies that mean to destroy us or countries that mean us economic harm, listening to the voice of the people….
Beuller…? Bueller……? Bueller……….?
I can only imagine I will get voted down for the above post…But I don't care. If you people choose to keep the blinders on about Bush…So be it…
Can we get over the Blame Bush crap already?
Do I miss him….YES!
YOU are sure going to miss the BUSH Tax Cuts……..That was a gift the kept on giving TO YOU.
Law-breaker in Chief……..
LOL…I don't care about the "Bush tax cuts" so much as I care about my GOD DAMN FREEDOM…..!
Don't be so easily confused into thinking that a "tax cut" is worth your liberties…
I will tolerate alot of shit, but they better not touch my Homegrown Tomatoes !!! That will be that last straw for me !!
My God have these people never heard of Guy Clark !!
Well GOLLLLY, where is the court order?
I see where you would like us to go Mister Osama "Fat Lip" NoBama. I'm here to tell you, "It's not going to work." Oh, you may win a few at the beginning, but in the long run the American people's will and sense of fair play will prevail, then you and your silly ass cronies will be gone from government.
" I successfully avoided law school, so I don’t know the exact legal term, but this strikes me as an overstep in their enforcement authority."
You don't know the legal term Mike? It's called the Fourth and Fifth Amendment! Illegal seizure of property and the denial of due process.
Yet, you spent two paragraphs blaming Bush and inflicting some sort of false guilt on those who did support Bush. Why?
I care about God and your use of His name in vain. Feel better you broke the 3rd of the Ten Commandments?
Thou shalt not take the name of the Lord God in VAIN.
Your comments just keep on getting better. Good stuff!!
The tomato regulation bill is S 510 its on a fast track for final passage…
http://www.govtrack.us/congress/bill.xpd?bill=s11...
Thank You HPJr!
This is in keeping with the advice recently given Obama by the Soros-funded Center for American Progress: bypass Congress, implement the leftist agenda through agencies, regulation and Executive Order. Legislation? We don' need no steenkin' legislation!
Demand the repeal of the Patriot Act, and Homeland Security!!!!
Better call DHS and have them come over and arrest me with out a trial because I did something that offends you…FFS
Just remember this. While your wondering what in the hell happened to all your freedoms and liberties in a few years, just be thankful you still have your beloved "Bush Tax Cuts" to make you feel all warm and fuzzy inside…I'll be choosing freedom and liberty for ALL over a bogus tax cut designed to make you feel like you're getting a break…!
lady -O- must have been duped again while on one of her shopping binges,, fake LouieV in the white house is verboten..
Interpol had actually stated in the past that counterfeiting of things such as purses was linked to Al-Qeada. Terrorist organizations have to fund their operations some how…
Nor to me.
It doesn't sound in the least farfetched. These people don't do anything aimlessly. Every step they take has been calculated, either as a test or an incremental move toward an eventual goal. They are truly insidious.
I hope you had a nice Thanksgiving, Cowboy Logic.
The new Congress literally needs to chop this Government in half to save U.S!
List all of the Government Agencies and then eliminate half of them. In the hands of a marxist like Obama and his entire Administration, our freedoms will be destroyed one by one, unless we shrink the Government drastically.
Are you are third party supporter?
I don't need the DHS to arrest you — you will give an account of yourself to God one day.
Do you think ALL the Republicans in Congress are Hell bent on taking away your freedoms? People like Demint Bachman and Cantor ( who is my Rep.)
My wife and I were discussing this very thought of yours last week Cowboy. We were saying, these thoughts we are having about our government right now must be what they were thinking right before millions of people died.
Sure glad I don't have to make tin foil hats everyday to read the news anymore.
Welcome to fascism.
You all voted for them and cheered.
Bush, Bush, Clinton, Obama.
Congratulations , you got what you wanted.
The websites may be linked to terrorists, however here in the good ol USA we have a thing called "Due Process". A government that does whatever it likes, whenever it likes, is very dangerous. If they have the power to shut down one website without due process, they have the power to shut them all down whenever they wish. I do not want a runaway government to have that power!
Within two years. That's when.
I'll take door number three.
Due process, the core and foundation of our country. You take away that protection and the entire system will crumble. It takes law enforcement more time to assemble the evidence and present it to a judge for a warrant. Take that out of the equation and let any branch of law enforcement skip that procedure and we have an instant police state.
They are coming for you next. http://canadafreepress.com/index.php/article/3040...
This is just the next chunk off the constitution on the way to complete tyranny. Obama must be removed or there will be further and more dangerous actions.
I saw that yesterday and it got my drawers in a wad. If you notice all of the Repub's are RINOS. Looks like a good list to start for 2012 removal. I will not give up my homegrown tomatoes !!
As for a REAL leader, WHO are your suggestions to fill that role?
I'm kinda tired of the 'blame Bush' crowd too…..but I'm real tired of the 'Bush was my hero' crowd. Bush was a big-government, big-spending establishment Republican – and they're not much better than the Socialists who are in charge now.
….and any so-called 'Constitutional Conservative' who didn't utter a word of protest when he signed the Patriot Act into law is a hypocrite. (The last sentence not necessarily directed at you personally, since I have no idea what you thoughts on it were – but the Patriot Act, whilst allowing the government to take some necessary counter-terrorist measures, did, indeed, lay the groundwork for a much larger-scale infringement of our rights).
I read that article a couple of days ago. Scary, isn't it ?
I agree, they are starting their reign of tyranny over us, at the airports, on the internet and soon on the streets and in our homes.
These SOBs must be stopped.
I didn't vote for Bush 41, Clinton nor Obama.
Bush was/is a RINO turd.
We need Constitution loving, constitution enforcing leadership; and we need it NOW!
The bully has been hit hard, and he is now reacting. He needs to be hit again and again, until he is on the ground. Then we need to kick him in the ribs and stomp his face. We have to push back using their own system against them. I would love to hear some ideas.
You would think obowmao and obowwow would feel a certain kinship with fakes and impostors.
What happened to the old fashion way of solving "infringement" problems like the courts. Doesn't this all get worked out in the courts? Has there ever been a wrongful accusation? Looks like the Fed's know better and will decide for themselves….
So we don't profile at airports because that would infringe on rights, but we ignore the rights of due process because it's National Security. hmmmm
Do think they'll go after Youtube?? You can download more copyright protected material off Youtube than any other site on the net. But for some reason they'll leave Youtube alone. Could it be because it's owned by google? which was founded by leftists, which are big supporters of Obama?
What do you mean by you people?
RAAACCCIIIIISSSST!!!!!!!
The Overton Window just got PUSHED a little further LEFT !
"Americans are being subjected to the first stages of a police state."
In support of this idea, just consider that the message at these sites could have been innocuous, "Down for Repair" or "Temporarily Unavailable." Instead, they chose a screen shot that would surely make it onto Drudge. This administration just keeps kicking the American People in the teeth. And it's getting more blatant all the time.
I support the Constitution and common sense.
And I suppose I will worry about that day when it comes. For now, I have more important things to worry about rather than being judged when I'm dead…Sorry if that hurts your feelings!
Thief in Chief
I wonder if Madame Secretary will consider shutting down Mexico's illegally downloading of it's population across our borders.
Do the owners of YouTube give heavily to the UN-Democratic Party?
Therein lies your answer !
All in the guise of "national security", anybody feel more secure? Anybody feel more violated, I do.
"Allowing enemies of the republic unrestricted movement over our borders… Check"
Hey Missy, If you get a few minutes, check out this video to see how we're even being taken down with LEGAL immigration. It's another front in the war.
Immigration by the Numbers — Off the Charts http://www.youtube.com/watch?v=muw22wTePqQ
So we should allow the funding of terrorism to continue by allowing illegal websites to operate?
Collectively…Yes.
Individually…No.
What are 3 people going to do? Individually there are good people that have been elected. Collectively, the GOP is no better than the DNC. Just look how the GOP supported most of the Tea Party candidates last cycle…Disghusting to say the least. It's time the entire establishment, both sides, to be cleansed. It's simple for me. You swear to uphold the Constitution and then do so by your actions, or you don't. Those that have sworn to uphold the Constitution and don't are treasonous people in my view. We have no room in this Republic for people of such ilk…
We also didn't have Muslims IN America in the 1700's wanting to set off a suitcase nukes with a cell phones. Are you prepared to wait on a warrant if an American Muslim is wanting to do this? What if there is no time?
Bush never ONCE violated the Constitutional rights of Americans via the Patriot Act . Obama would have found another way to take away our rights if these 2 bureaucracies weren't in place. We need to get over Bush and concentrate on winning elections much like we did on November 3rd. Yes, I am a Constitutional Conservative but NO I am not a 3rd party believer. We can fix our country within the R party.
Who did you vote for in 2000 or 2004? I voted for Bush.
Not yet ocp,
But the year isn't over yet either.
Does anybody else out there have that sick feeling in the pit of their stomach caused by the thought that keeps trying to crawl out from the back of my skull that um, maybe the hippies were right?
If I had ever thought that those wacked-out burnout braid-wearing stinky freaks I grew up around and I would ever have a single thought in common, I would have left Washington State much sooner, like toddled to Idaho. But here it goes, I'll spout a tiny piece of what I heretofore had thought of as psychedelic mushroom induced drivel:
"This government is bad, man. And they are coming to get you."
There is a thing in this country called a "court order".
Ever hear of it? I don't think you have or if you did, you do not understand the concept.
I would like to see a person running this country that has some actual experience! A person that has no ties to the Hill. A person that is not afraid to do what's right. A person that knows what it's like to come up short on a payroll would be nice. A person that understands debt is a bad thing. A person that isn't hell bent on meddling with others affairs. And I think the only person that even comes close to that, at this time, would be Chris Christie. If Christie doesn't roll over by 2012, he would be my pick.
Sorry bad deal, keeping more of my earned income does not mean the Federal government can take away my civil rights.
Bush greased the skids, and the Obama regime is moving at full speed now. I'm sure all the Czars have put into place the jack booted thugs to execute their progressive plans. Remember candidate Obama called for a domestic military force as powerful and as well armed as our regular militay forces? The fact is Bush signed a bill right before he left office that funded a small domestic military force. It exists, it only needs more funding, and it probably was through Obamacare or some other stealth method.
The enforcement of counterfit articles and preventing their distribution in the United States has always fallen upon the agency now known as Customs and Border Protection (CBP). They inspect incoming shipments at all ports of entry looking for such items, and have the authority to sieze them.
The CBP was one of many agencies that existed prior to 9/11 (The U.S. Customs Service was establshed in 1789), and their role has not changed. They were just simply moved under DHS as part of the consolidation of multiple agencies under the post 9/11 laws.
As far as seizing websites… That's very much outside their authority.
Really do you have a link to that?
That is very fascistic like. Where does the Federal Government get the power to do this? This sounds like Nazi Germany all over again.
"So, the sites were seized before the site’s owner heard any charges or had the chance to submit any counter evidence in court. The owners of the sites had their property seized without being allowed to defend themselves. I successfully avoided law school, so I don’t know the exact legal term, but this strikes me as an overstep in their enforcement authority."
Guilty until proved innocent, unless you're the New Black Panthers, Charlie Rangel, Maxine Waters, illegal immigrants and on and on.
Click on the "torrent freak reports" link at the beginning of the article. Read the posts, most are from Europe. Very, very interesting reading. They see things a hell of a lot more clearly than most Americans do.
Shhh….
An Obamaton might find some irony in those facts and stop supporting Chairman O….
Be vewwy vewwy quiet, wew hunting wibewals…. h..h..h..h..h..haaa
hmmm…. I always read that as don't take God's name lightly…
He is not using it in VAIN, if he really means it…
Unfortunately, seems that "Due Process" only serves on behalf of a terrorist before it serves the average American Citizen. That's what makes this latest move by DHS/ICE criminal.
I didn't say that Bush violated anyone's Constitutional rights (although, along with successive Presidents, he continued to allow the federal government to overstep ITS Constitutional powers), I said the Patriot Act laid the groundwork for our rights to be infringed upon.
The Republican Party died in 2006, thank heaven, and it is still going through a painful rebirth. I'm no 3rd party person (this county's political system doesn't allow for one: The Republicans and Democrats always had – and always will have – a stranglehold on the political system); I do, however, want to see the Republican Party purged of ALL establishment, big-government Republicans, who are, basically, the slightly-less-crazy siblings of the Progressives.
Yes, you are correct; we DO need to get over Bush and move forward. Bush did not wreck the economy – and he was a better President (and infinitely better human being) than Obama – but he was complicit. We need to move forward, not backward.
I am not an American citizen, so I am not able to vote, despite the fact that I pay taxes (and THAT is an outrage). However; I would have voted for Bush without hesitation in both 2000 and 20004…….even though, for me, it was merely a 'lesser of two evils' situation.
Come 2012 (by which time I WILL be a citizen), I'm looking forward to actually voting for a candidate that I REALLY believe in……….although I'll admit, I will vote for Daffy Duck if he runs against Obama!
……..and then by the time 1946 rolled around, over six million Jews were dead, and the shell-shocked ones that survived, could only shake their heads and mutter amongst themselves; "we didn't think it would happen to us."
It won't be long till we log onto this site and others like it and get a picture of a shield with a notice saying this site is no longer available,I say we see it before the new congress gets seated,I also think war with North Korea will break out before the new congress takes control.Obama/Soros are in plan B mode.IMHO
I certainly agree that we can't blame Bush for the actions of the Obama administration, but Bush expanded the size and reach of the federal government like no Democrat before him(except FDR)
Homeland Security and the DHS should have never been created. Things could have been handled by existing agencies.
Bailouts, etc. Bush was not good for the USA and a lot of what he did has to be unwound, as demonstrated today by ICE.
To those who take what Liberty we have left for granted.
"Just because you do not take an interest in politics doesn't mean politics won't take an interest in you." Pericles
Never pass a law granting new powers until you picture the other side using them. I call it the Janet Reno rule. Picture her/him with unlimited power over your life. It should have been obvious that someday it would be the liberals wiretapping you, hauling you off without a warrant, shutting down the Internet, censoring radio, TV and websites that are opposed to the fascist state. Until a third party (2nd really) wrestles power from the biarchy we won't be safe. Vote Tea Party and pray they don't get completely compromised by the statists.
I'm sure the ICE thugs are patrolling flea markets across the nation this morning to protect the homeland from all the "As Seen on TV" knock-offs that are threating our national security.
I can support that!
The only thing in the entire bill that made the slightest amount of sense was the requirement of federal state and local law enforcement to share intelligence on terrorism threats.
Every other part of it was extreme federal overreach.
Looks like a violation of the Fourth and Fifth Amendments to the US Constitution to me – unreasonable seizure and deprivation of property without due process of law. Of course, those are probably some of those "flawed" Constitutional provisions that King Barry doesn't like anyway.
Good point. let's suspend our constitution and the Bill of Rights to arrest all the retailers that are selling Al-Qaida knock-off handbags.
I hear the caves in Kashmir are full of sewing machines , manufacturing knock-off handbags around the clock and plan on flooding the US with them over this Chrismas season.
I give it about one year until the Obama Brigade, with marching orders from Homeland Security, will be coming to our homes and confiscating our computers because we are a threat to the "security of the United States". Remember that Obama considers anyone with an opposing view to his own as "the enemy." The Supreme Court is our last line of defense! The Justices that will decide Obama's eligibility to have been elected President are in grave danger. There is a slight deficit in voting majority that Obama could fix by killing one or two key justices. He knows he has the Communists Ginsburg, Breyer, Sotomayor, and Kagan on his side…but, Justice Kennedy has surprisingly chosen to join forces with Chief Justice John Roberts. Obama has called Justice Roberts his "worst enemy'. Now we know why!
You can't get enough sheeple to listen to this. They figure as long as it doesn't affect them, it's not their problem. Incremental-ism, the camel slowly brought into the tent over a long period of time, that's what is killing this country.
They shut the water off for the bread basket here in CA ending the farmers, now I see the FDA is tackling small farmers. I wonder if I get to eat my own strawberries this next year. Stalin knew if he controlled the food, he controlled the people.
http://www.govtrack.us/congress/bill.xpd?bill=s11...
Yes I would like to see Chris Christie run too, but he is pretty adamant that he will not. Do you think there is a chance he might be drafted?
Another person who might run who could be interesting is Herman Cain. I was rather impressed with a few speeches I have heard and his background. He might be able to lead this country.
You're absolutely right about that, John. DHS is flexing its muscles and wants the whole country to see it. They had to go WAY out of their way to do it this way. It was a calculated move designed to be as blatant as possible. This is only the beginning.
Well, neighbor, I guess if you stop hearing from me, you'll know what happened! We're living in interesting times.
Yes it can happen we are seeing it. A lot of what happened in the last two years I never thought it could and it did. We are not fighting hard enough. Look how many people exposed their genitalia this thanksgiving weekend because Chairman O requested it. Most people are sheep and will follow the path of least resistance. Now that people went through the scanners without fuss, the issue is moot and is an accepted part of travel. All BHO has to do is increase it a little bit at a time until he controls everything.
I think he called them "Negative" rights.
Is this punishment for the results of the November election?
Unfortunately, you may be right. This is frightening stuff.
Yeah, I think the likelihood of Christie running in 2012 is slim to none, but I won't count him out for the future. I still like him nonetheless and he does have an overwhelming job still trying to dig NJ out of it's bottomless pit.
As far as Cain is concerned, I have to admit I know next to nothing about him. I will have to look into what he's all about a little further.
Janet is the one who must go really fast. But hey people let her look in their pants why not their bags. She will never stop on the power grab. She used to want Arizona immigration control, until chairman O tapped her for office, now she is against the Arizona law because she cannot control Arizona.
That is really what this is about. Installing a police state and it has been going on. We need to stop this now. What the hell is congress doing?
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