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EFF: Government Domain Name Seizures Violate First Amendment

The Electronic Frontier Foundation (EFF) has urged a federal court to return two domain names seized in what the organization calls U.S. government's fundamentally flawed anti-infringement campaign. "This misguided intellectual property enforcement effort is causing serious collateral damage to free speech rights," said EFF Intellectual Property Director Corynne McSherry. "These domain seizures should cease unless and until the government can fix the First Amendment flaws inherent in the program."

Read full story: Electronic Frontier Foundation

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Since when did the first amendment include protection for commercial speech? Suresh Ramasubramanian  –  Jun 21, 2011 7:05 PM PST

Or is this the famous EFF slippery slope argument, saying "but it could have been a personal domain"?

The EFF isn't always wrong The Famous Brett Watson  –  Jun 22, 2011 2:58 AM PST

According to this somewhat more informative article from Wired, the site is primarily a discussion board. Discussions posted by users on such a site are "commercial" only in the same sense that my private email is commercial because it's hosted by Google. It isn't a personal domain, but the free speech of a large number of private persons — non-Americans, for what that matters — was adversely impacted by the confiscation. Surely that's what matters?

This should be an interesting case.

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