[governance] A Wave of the Watch List, and Speech Disappears

[Bret Fausett]

On Mar 7, 2008, at 2:36 AM, Meryem Marzouki wrote:
> Additionally, there has been no court decision, but it's exactly the  
> problem with the "notice and take down" procedure! It's a procedure  
> that legitimates private or administrative justice and private law  
> enforcement!

I don't think I understand the point about this being private law  
enforcement. In the matter that started this thread, eNom was told by  
the U.S. government to take certain actions, since the eNom customers  
were on a watch list of persons with whom U.S. businesses are  
forbidden from doing business. There were *criminal* sanctions,  
including imprisonment up to 30 years, for knowingly violating the  
U.S. prohibition. Once eNom was put on notice of the violation,  
failing to act would have been a knowing violation.

http://www.treas.gov/offices/enforcement/ofac/faq/answer.shtml#11

I think of private enforcement as actions between private parties,  
like a civil lawsuit. This was most clearly governmental compulsion,  
or "public enforcement."

      -- Bret
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