FTC Shuts Down Internet Service Provider without a Trial
Allison Bricker
WASHINGTON D.C. -In an unprecedented move, the Federal Trade Commission1 (FTC) successfully shut down internet service provider (ISP), Pricewert LLC. Pricewert operates the “Triple Fiber Network” or 3FN which according to public registration records2 operates out of San Jose, California. Pricewert now stands accused of providing hosting and bandwidth to a litany of spammers, child pornographers, and malicious hackers. None of which comes as surprise to this blogger, as this is he standard “War on Terror” type of soundbite that is always used in circumventing 1st Amendment protections of free speech and censoring the internet.
However, it took less than five minutes for me to find at least one legitimate website caught up in the FTC’s blanket shutdown of Pricewert’s servers, and it is almost certain more website owners are still scrambling to move thier sites to new hosts in a mad dash to get back up online. One such company, Free Software Magazine3, suffered 3 days in damages and lost revenue from the unilateral shut down. According to their website they are still in the process of salvaging and transferring files over from Pricewert.
Now please do not misconstrue my editorial, because as a parent of two boys if Pricewert/3FN are indeed complicit or accomplices in knowingly hosting child pornography and the spread of viruses then they should be shut down due to untold human costs in supporting the exploitation of children and personal property damage of countless personal computers. Additionally the corporation’s executives should be given the longest incarceration possible.
However, there needs to be a trial, not merely the suspicion provided by a bureaucrat drafted warrant. It is dangerous indeed to liberty and the free flow of information provided by the internet, if it can be censored ‘carte blanche’ merely under the suspicions of an accusation. Moreover, this type of unchecked unilateral authority exercised by the federal government is a patent violation of the business owner(s) 6th Amendment right to a speedy and public trial in all criminal prosecutions coupled with the ability to cross-examine those parties who are accusing the business owner(s) of committing the acts in the first place, prior to being found guilty or suffering any consequences business, personal, or otherwise.
A system in which a government bureaucrat can draft a warrant and have a Federal Judge issue an injunction without a trial is exactly why we have the 6th Amendment. The founders knew that all too often government was prone to exact revenge against political opponents or individuals of which they had an axe to grind. We have seen this tactic utilized over and over in the drug war with some disastrous consequences.
The claim to child porn and viruses are the rubber stamp standard used by both the Chinese and Australian governments in justifying their blanket censorship of the entire internet.
According to the FTC’s website there is a hearing scheduled on the injunction for June 15th, 2009. Regardless of whether or not the injunction is stayed or if Pricewert is guilty, they will almost certainly file for bankruptcy. Suffering 12 days of downtime in the internet economy is a death sentence unto itself for all practical purposes.
Source(s): 1Federal Trade Commission Press Release (3FN) 06-04-2009 • 2WHO IS LOOKUP, Pricewert, LLC. • 3 Free Software Magazine
