The US Treasury Department confiscated the domain names of a British/Spanish travel agent who specializes in Hemingway tours of Cuba. Treasury claims that since Americans might have made reservations through the sites, that they were entitled to march into the domain registrar and take away a foreigner's business.
Susan Crawford, a visiting law professor at Yale and a leading authority on Internet law, said the fact that many large domain name registrars are based in the United States gives the Treasury’s Office of Foreign Assets Control, or OFAC, control “over a great deal of speech – none of which may be actually hosted in the U.S., about the U.S. or conflicting with any U.S. rights.”
“OFAC apparently has the power to order that this speech disappear,” Professor Crawford said.
The law under which the Treasury Department is acting has an exemption, known as the Berman Amendment, which seeks to protect “information or informational materials.” Mr. Marshall’s Web sites, though ultimately commercial, would seem to qualify, and it is not clear why they appear on the list. Unlike Americans, who face significant restrictions on travel to Cuba, Europeans are free to go there, and many do. Charles S. Sims, a lawyer with Proskauer Rose in New York, said the Treasury Department might have gone too far in Mr. Marshall’s case.
White cops from Aiken, SC improperly stopped a car driven by a black woman (they claimed the stop was motivated by temporary tags, but driving with current temporary tags is not grounds for a stop), then improperly questioned her passenger, who voluntarily gave them his ID, then induced a drug dog to “alert” on the […]
Amendment 90 to France’s penal reform bill provides for five year prison sentences and €350,000 fines for companies that refuse to accede to law enforcement demands to decrypt devices.
In 1996, in the midst of the Clinton administration’s attack on the Internet and cryptography, Grateful Dead lyricist and EFF co-founder John Perry Barlow sat down in Davos, Switzerland, where he’d been addressing world leaders on the subject of the Internet and human rights, and wrote one of net-culture’s formative documents: The Declaration of Independence […]
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