(Work in Progress) The seizure of MegaUpload.com exemplifies what has become the routine seizure of domain names by the United States Government. With the domain names, the government also seizes intellectual property assets. From a unprecedented seizure of multiple hundreds of domains in 2010, these seizures have broadened to include the acquisition of entire corporations. Moreover, the seizures now involve police powers from around the world. Yet, not surprisingly, the government's actions in these efforts has been characterized by a lack of transparency. Indeed, while the nature of the seizures have varied, they have generally been routinely accompanied by a disconcerting lack of information from the government. This veil of secrecy from the government has led to significant confusion about the government's policy priorities, and the level of cooperation between government and industry. Is the government seizure of this property necessary to protect consumers and businesses? Or, is this acquisition of property indicative of government being used by corporate America as its running-dog? Whatever position one holds on these issues, the government seizure of domain names and assets represents one of the most hotly discussed public policy issues of the day. For, the veil of secrecy, combined with the seeming intransigence in the MegaUpload case, has made creators of new content distribution technology and creative business models skittish. By doing so, it threatens to derail the continued technological evolution of the Internet and global commerce along with it. This panel will discuss legal issues involved in the seizures, whether they make sense from a public policy perspective and possible structures both owners of IP assets and owners of new technology can take to create more certainty in their businesses.

1. 2013 SXSW – Austin, Texas (in
progress)