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DHS relied on bizarre legal reasoning and crappy evidence to seize "pirate" domains

Cory Doctorow at 10:30 PM Monday, Dec 20, 2010

Techdirt's Mike Masnick enumerates the litany of crappy law, evidence, and assumptions behind the
Department of Homeland Security's decision to seize a group of music-blog and search-engine domains. The
seizures were backed copyright industry lobbyists. The story should scare all of us: if you have a
.com or .net domain, the US government is prepared to censor you on the evidence-free say-so of
a corporate lobbyist from the copyright cartel.

It looks like the four blog/forum sites (RapGodFathers, OnSmash, Dajaz1 and RMX4U) and Torrent-Finder were all lumped together into a single warrant and affidavit. The affidavit was written by a Special Agent with ICE, named Andrew Reynolds, who indicates in the affidavit that he only recently graduated from college (he notes that he's only been on the job for one year, but before that he was a "student trainee with the group"). Much of the affidavit relies heavily on the MPAA. This fits with what ICE assistant deputy director Erik Barnett said soon after the seizures, admitting that they basically just took what sites Hollywood said were a problem and seized them...

...In other words, the "support" that Agent Reynolds provides for why Torrent-Finder's domain should be seized is that he claims that Torrent-Finder's admin linked directly to infringing material. But that's not true. Instead, the admin was simply pointing to a bunch of different news stories. Even worse, some of those news stories highlight why the claims of the MPAA, which Agent Reynolds relies upon, are simply made up -- such as TorrentFreak's story about comic artist Steve Lieber (which was actually based on a Techdirt story about how Steve Lieber embraced the so-called "pirates" and ended up making a lot more money -- we later interviewed Steve about his experiences). The CNET article is all about the COICA law -- which is about the legality of seizures like this one. How is that evidence of probable cause?

Even going beyond the fact that Agent Reynolds can't seem to figure out that a search engine is different than a torrent tracker or a torrent hosting site, he also seems to think that linking to blog posts like the ones we write here is probable cause for criminal behavior. Holy crap! That's just downright scary.

Homeland Security Presents 'Evidence' For Domain Seizures; Proves It Knows Little About The Internet - Or The Law

(via /.)

The Education Tech Series is supported by Dell The Power To Do More, where you’ll find perspectives, trends and stories that inspire Dell to create technology solutions that work harder for its customers so they can do and achieve more.

Non-profit organizations and passionate individuals have found a slew of creative ways to leverage social media and the class='blippr-nobr'>Internetclass="blippr-nobr">Internet to make the world a better place. Online campaigns help provide clean drinking water, food and malaria-preventing bed nets to people who need them.

Creative uses of the web are helping to provide and enhance education. These four projects, for instance, found innovative ways to help build schools through digital campaigns.

1. Epic Change

Epic Change has become a model for raising money using social media. Since 2008, its annual TweetsGiving has asked people to tweet about what they’re thankful for while making a donation. The strategy was so successful that #tweetsgiving became a trending topic on Twitter during the first year’s campaign.

Starting out, the benefactor of TweetsGiving was a school in Tanzania that was founded by Mama Lucky Kamptoni, a passionate local woman who started the school using money she earned from her poultry business (now there are two more benefactors). Epic Change wanted to help her rebuild and expand the school.

The organization also launched To Mama With Love, a website where users can make a donation by creating a “heart space” for a mother they care about. The “heart space” is a collection of photos, videos and words dedicated to that mother. Other people who care about that mother are invited to donate in her honor.

From one of the classrooms that was built using donations from these campaigns, the students now tweet and connect with the rest of the world.

“So often, we hear the stories of children in the so-called ‘developing’ world from the perspective of the media, non-profits or friends who have traveled or volunteered,” explains the Epic Change Blog. “What happens now – when these students can share their own stories, and build relationships with the rest of the world, for themselves? How will the world be different when these children, who live so geographically far away, move into our virtual backyard? What difference will it make in their lives to know that their voices will be heard?”

2. Stillerstrong

When Ben Sitller launched the Stillerstrong campaign on YouTubeclass="blippr-nobr">YouTube, Twitterclass="blippr-nobr">Twitter and a branded website, he did it with a video that poked fun at Lance Armstrong’s Livestrong campaign. It was hard to tell if he was kidding.

But the campaign, which sells Stillerstrong headbands and accepts donations by text message and credit card, has raised about $300,000 to help provide temporary schools for Haitians displaced by January’s earthquake. At the time the campaign was announced, the organization and its partners Causecast and the Global Philanthropy Group were expecting each school to cost between $45,000 and $55,000.

3. TwitChange

Instead of auctioning off celebrity memorabilia to support a charity, TwitChange hosts eBay auctions for celebrity Twitter interaction. The donation’s bidders put down to have a celebrity follow them, retweet their tweet, or mention them in an update. The proceeds go to aHomeInHaiti.org, which will use them to build a home and school for children with disabilities in Haiti.

The first auction in September raised $531,640.25. The website instructs us to “stay tuned for the celebrity tweet auction coming this holiday season.”

4. University of the People

Less of a “campaign” than a full-blown effort to democratize education, University of the People provides tuition-free higher education through an online campus.

Since launching last year, the university has accepted about 700 students from 100 different countries to its three- to four-year programs for business and computer science. Recently the university opened computer centers in Haiti so that students with limited Internet access could enroll in its courses.

“I do believe that if we take the millions of people around the world who could not afford going to university and teach them tuition free, we’re not only changing their lives, and their family’s lives, we also change their communities, their countries,” founder Shai Shai Reshef says. “And if we have a lot of them, we will change the world for a better world.”

Series Supported by Dell The Power To Do More/>

More Social Good Resources from Mashable:

- How Online Classrooms Are Helping Haiti Rebuild Its Education System/> - Why Social Media Is Reinventing Activism/> - 5 Creative Social Good Campaigns for the Holiday Season/> - 4 Real Challenges to Crowdsourcing for Social Good/> - 9 Creative Social Good Campaigns Worth Recognizing

Image courtesy of iStockphotoclass="blippr-nobr">iStockphoto, urbancow

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