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link to www.wired.com]
The Department of Homeland Security has requested that Mozilla, the maker of the Firefox browser, remove an add-on that allows web surfers to access websites whose domain names were seized by the government for copyright infringement, Mozilla’s lawyer said Thursday.
But Mozilla did not remove the MafiaaFire add-on, and instead has demanded the government explain why it should. Two weeks have passed, and the government has not responded to Mozilla’s questions, including whether the government considers the add-on unlawful and whether Mozilla is “legally obligated” to remove it. The DHS has also not provided the organization with a court order requiring its removal, the lawyer said.
“One of the fundamental issues here is under what conditions do intermediaries accede to government requests that have a censorship effect and which may threaten the open internet,” Harvey Anderson, Mozilla’s lawyer, wrote Thursday on his blog.
Neither Homeland Security nor Anderson immediately responded for comment.
(more at link)
[
link to www.techdirt.com]
Thankfully, Mozilla didn't just fold, but instead left it up and sent DHS a list of questions concerning the request. The list of questions is really fantastic, as it goes way beyond the direct request to really get to the heart of the questionable nature of ICE's activity with domain seizures:
To help us evaluate the Department of Homeland Security's request to take-down/remove the MAFIAAfire.com add-on from Mozilla's websites, can you please provide the following additional information:
1. Have any courts determined that MAFIAAfire.com is unlawful or illegal in any way? If so, on what basis? (Please provide any relevant rulings)
2. Have any courts determined that the seized domains related to MAFIAAfire.com are unlawful, illegal or liable for infringement in any way? (please provide relevant rulings)
3. Is Mozilla legally obligated to disable the add-on or is this request based on other reasons? If other reasons, can you please specify.
4. Has DHS, or any copyright owners involved in this matter, taken any legal action against MAFIAAfire.com or the seized domains, including DMCA requests?
5. What protections are in place for MAFIAAfire.com or the seized domain owners if eventually a court decides they were not unlawful?
6. Can you please provide copies of any briefs that accompanied the affidavit considered by the court that issued the relevant seizure orders?
7. Can you please provide a copy of the relevant seizure order upon which your request to Mozilla to take down MAFIAAfire.com is based?
8. Please identify exactly what the infringements by the owners of the domains consisted of, with reference to the substantive standards of Section 106 and to any case law establishing that the actions of the seized domain owners constituted civil or criminal copyright infringement.
9. Did any copyright owners furnish affidavits in connection with the domain seizures? Had any copyright owners served DMCA takedown notices on the seized domains or MAFIAAfire.com? (if so please provide us with a copy)
10. Has the Government furnished the domain owners with formal notice of the seizures, triggering the time period for a response by the owners? If so, when, and have there been any responses yet by owners?
11. Has the Government communicated its concerns directly with MAFIAAfire.com? If so, what response, if any, did MAFIAAfire.com make?
