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Could the Feds take down Google for linking to illegal material?
US Immigrations and Customs Enforcement announced Wednesday that it recently shut down 10 websites, that it says were linking to other websites that hosted pirated material like pay-per-view entertainment and streaming sports coverage.
But if the offense here is that they were just linking to the material, not even hosting it but just linking to it, does that open up a whole host of questions? Are links illegal?
In a phone interview today, I asked Homeland Security Investigation Special Agent James Hayes (he was in charge of these raids) whether Google could be taken down since they link to all kinds of things. Right after I asked him about it, the phone suddenly cut out. We still don't know why. It took us a while before Lori Dankers, a public affairs officer at ICE, reconnected us.
Here's an audio recording of the call:
About the author
John Moe is the host of Marketplace Tech Report, where he provides an insightful overview of the latest tech news. Follow John on Twitter @johnmoe
U.S. Customs has the authority to stop counterfeit goods from entering the country. A few years ago, copyrighted material was added to the list. So, that is the basis for Customs inspecting computers when you enter the country (and now shutting down websites).
DHS was created after 9/11 to be the umbrella organization for federal law enforcement.
Just a follow up from another item from marketplace. A great story by Tess Vigeland "Marketplace Money, A mortgage modification mess". It makes we wonder why DHS is bothering with internet links, when the real chaos is the complete obliteration of the American home; foreclosures, short-sells, neighbors just walking away and neighborhoods falling apart. This is where the government needs to step in, send the ICE and DHS against the banking industry, that is where the Homeland is threatened and we need security.
I am unsure why DHS and ICE are involoved in something like internet links. Since when is a link to a sports show a Homeland Security issue? I thought their function was terrorism, internal and external to U.S. and ICE dealt with immigration, customs and border control. So how broad is their authority? If failing to pay taxes is a security issue, I guess next those sites that sell clothes over the internet will be shut down if state taxes are not paid. Watch out L.L. Bean.
"Since when is a link to a sports show a Homeland Security issue?"
We all know it's not a Security issue.
They are either hiding something from us - or - we no longer need to fear terrorists as they are now focusing on copyright infringment - or -
an example of you can't trust a book ( Government agency ) by it's cover...
Personally I can't wait for this to get in front of a judge with the 1st, 4th, and 14th amendment violations, and prior restraint issues.
With Senator Ron Wyden asking questions. I think they realize they have over stepped what is legal and are now trying to back peddle and provide some justification for their actions. They can't just say "the Justice Department told us to do this". It would look bad for them and for justice. With a sizable chunk of justice being former RIAA lawyers, what would people think?
