[P2P-F] Mozilla Refuses to Roll Over for Homeland Security Nazis

Fri May 6 02:32:43 CEST 2011

  Sent to you by Kevin Carson via Google Reader: Homeland Security
Demands Mozilla Remove Firefox Extension That Redirects Seized Domains
via Techdirt by Mike Masnick on 5/5/11
Apparently, the folks at Homeland Security are not at all pleased with
the very, very simple Firefox extension, called MAFIAAfire, that
negates ICE's domain seizures, by automatically rerouting users to
alternate domains. Apparently, DHS demanded that Mozilla take the
extension down from its listing of Firefox extensions claiming that the
add-on "circumvented" DHS's seizure orders. 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?
It's always nice to see some organizations not just roll over when the
government comes calling. Kudos to Mozilla for not just refusing to
takedown MAFIAAfire, but for also asking serious questions of DHS. Of
course, DHS has refused to respond at all...

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