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Feds Arrest Owner of Seized Sports Streaming Domain

In the past several months, U.S. authorities have seized several domain names that were allegedly facilitating copyright infringement, and yesterday U.S. Immigration and Customs Enforcement (ICE) and Homeland Security Investigations (HSI) announced the first arrest. The 32-year-old Texan Bryan McCarthy was arrested and has been charged with criminal copyright infringement. Meanwhile, the site associated with these criminal charges remains active.

channelsurfLast month, the Department of Justice (DOJ) and Homeland Security’s Immigration and Customs Enforcement (ICE) seized several domains belonging to major sports streaming sites. The seizures were timed just a few days before the Super Bowl, and came as a shock to their respective owners.

One of the affected domain names was Channelsurfing.net, a website where links to external sports streams were listed. In the days following the seizure, TorrentFreak got in touch with the owner of the site who appeared to be genuinely surprised by the Government’s actions.

“The thing about my site is we never streamed anything, we always linked from other sites like justin.tv, veetle, vshare.tv, zonein.tv and others,” TorrentFreak was told.

The ChannelSurfing owner didn’t see much harm in what he did, and viewed the domain seizure as illegitimate, as did many others. In the days that followed he reviewed his options and considered taking legal action to get his domain back.

In the meantime, he registered the domain Channelsurf.eu where he continued business as usual. Until yesterday.

In a follow up to the domain seizure, U.S. Immigration and Customs Enforcement (ICE) and Homeland Security Investigations (HSI) arrested 32-year old Brian McCarthy from Texas yesterday. The authorities believe that McCarthy is responsible for the ChannelSurfing website and he has been charged with criminal copyright infringement for “reproduction and distribution” of copyrighted material.

“Brian McCarthy allegedly sought to profit by intercepting and then streaming live sporting events, hiding behind the anonymity of the internet to make a quick buck through what is little more than high-tech thievery,” Southern District of New York Attorney Preet Bhara commented.

“This arrest sends a clear message that this office, working with its partners at HSI, will vigorously protect valuable intellectual property rights through arrests and domain name seizures,” Bhara added.

The picture the authorities paint stands in stark contrast with how ChannelSurfing’s owner perceived his site, but it’s now up to the court to decide who’s side the law is on. For other U.S. based operators of streaming and file-sharing sites in general, these developments are worrisome.

The authorities hinted that more arrests may follow in the future. “We will continue to investigate illegal streaming of programming on the Internet in an effort to preserve legitimate and creative business interests and deter others from engaging in online piracy,” Homeland Security agent James Hayes said.

According to unsealed court documents, McCarthy was tracked down through information provided by the domain registrar NameCheap, Google, Paypal, Comcast, and the site’s advertisers. The documents also revealed that he made at least $90,000 from advertisements during the last five years.

If found guilty, McCarthy faces a maximum prison sentence of five years.

Despite the arrest the ChannelSurfing website is still available on the new .eu domain, hosted on the same server as the original .net.

ChannelSurfing website, which is still available under the new domain

channelsurf

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  • anon

    Wow, arrested for posting links. Proud to be an American today.

    • lawlz

      People with power never get sick of abusing it.

    • lawlz

      People with power never get sick of abusing it.

      • http://techlooser.com Sphinx Khan

        Too much money and spare time i guess :P

        http://techlooser.com

        • Herp

          Stop spamming, stupid cunt.

        • Anonymous

          What spam? Honestly, where is the spam?

      • Lee

        “McCarthy was tracked down through information provided by the domain registrar NameCheap, Google, Paypal, Comcast, and the site’s advertisers.”

        I am pulling off namecheap now. I will be contacting Google and Comcast about the services we pay for with them. Remember that together, we are the people with the real power.

        • http://pulse.yahoo.com/_5KQ4SCKJJD6DMQI7CQJNYGOLNE Graham

          Like anybody is going to give a f uck what some whining pirates are concerned with. Get a life, you delusional loser.

        • Guest

          Like anybody is going to give a f uck what some whining Egyptians are concerned with. Get a life, you delusional loser.

  • Bigdipper32

    FUCK YOU USA!, Go Arrest the real Terrorists! yourselfs.

  • Bigdipper32

    FUCK YOU USA!, Go Arrest the real Terrorists! yourselfs.

  • http://disqus.com/ Rob8urcakes

    What’s that strange sound I hear? It’s like the stomping of Nazi-style jackboots on my broadband connection :o

    No, it’s OK. It’s just the USA’s incompetent Immigration and Customs Enforcement guys tripping over the wireless connection and falling flat on their face ….

    Whoever would’ve guessed the biggest copier of Fascist Germany would be the Jewish community in the US of A? If Hitler had any kids I’m sure they could sue for breach of copyright lol.

    • Anonymous

      You Godwin, you lose.

      • Momo

        Fascism is real, not something Godwin made up.

    • Anonymous

      (he has a family but they are inside some kinda witness protection program and with other names)

      Anyway, ICE is as corrupt as TSA. Which is why, using Canada is a safer way to get into the US (Mexico is too damn good guarded)

    • Sdgsdfg

      You’ll be in a UK cell soon Rob :-)

    • sherboil

      waaah I can’t watch my crappy piracy steams!.This is nazi germany!.

      Shut the f uck up loser.

      • Anonymous

        Try to stay on point… In other news, all links on the web now have to be tested for being legal. Posting a link to a copyrighted file will get you in jail, but hosting the actual clip like youtube or streaming it live is still just fine. If someone dislikes you they can post evil links on your blog and have it shut down. Yes that is what it comes to if this case is won.

    • Xxx
  • Insulted

    Funny how they chase a guy who allegedly made 90,000$ over 5 years but at the same time, they don’t chase drug dealers who make 90,000$ a week…

    This is only a result of the entertainment lobby who doesn’t care about sending people to jail and breaking up families because THEY LOVE MONEY SO MUCH!

    • Momo

      The drug dealers aren’t competing with the companies that give them huge campaign contributions. They know their priorities!

    • Momo

      The drug dealers aren’t competing with the companies that give them huge campaign contributions. They know their priorities!

    • Ninja

      He had no server costs after all so it’s $ 90k clear in his hands. [/deep and despicable sarcasm]

    • Nommmer

      What are you dribbling about now? Are you actually trying to suggest that the US authorities aren’t investigating people for commercial distribution of narcotics?

  • Davidinhampshireuk

    They can’t make civil cases stick with a lower level of proof, the likelyhood of a criminal conviction sticking is much much less. It’s a little concerning that sites like Google seem to continue to act with impunity.

  • Jon7272

    unfortunately making money from it instead of doing it for nothing is why they get fined

    • Ninja

      Precisely. He used free servers after all. Servers and other expenses don’t apply to those sites. Also, dedicating time to provide a good forum service (he didn’t offer streaming services the idiot) also shouldn’t have any compensation. And he should be arrested for sure after all he made money from selling copyrighted streams for money. Oh wait…

  • lawlz

    ChannelSurfing website and he has been charged with criminal copyright infringement for “reproduction and distribution” of copyrighted material.

    This kinda sounds like a new law they had to make up on the spot to justify their actions.

    Nonetheless he was making money off piracy, which all true file sharers knows is a no-go, be it 10$ or 2,000,000$. With that said I do not support the arrest but with all the fuss going on lately there has to be a scapegoat.

    1 down, 1 billion to go.

    • Violated

      I would not care to guess how such a court case would turn out.

      Conviction on intent rather than the technical facts would not be unexpected.

      I dont know much but this sounds like a site for spotters. If correct then no freedom of speech when welcoming others who point out how to infringe copyright according to ICE.

      No sign of hosting any copyrighted works there so hard to reproduce and distribute something he never had.

      Then again his home page states much intention.

    • Anonymous

      Is he not just manually indexing streams? So doing it by hand makes it a crime? And what if your users do it? What if i post this link: http://goo.gl/Sz00R and the next person posts another like that? Can they take TF down? What if i turn the link in to an image (this is possible) what than? Can i not host that image? What if i flood anonymous imageboards with those images? Should they be shut down? Can i still link to someone else’s website with a copyrighted article?

      The internet is one big link, you can have it all or nothing.

  • http://pulse.yahoo.com/_PXX4S66KOUIGIKTTIMV3CBGO7Y Colin

    Likewise, I don’t support profitting from file sharing, but I can’t get my head round why the Department of Homeland Security is involved in this. I thought they were meant to keep those big bad scary Muslims at bay. Maybe they’ve done that and now want something to stop them getting bored with all the time they now have on their hands?… No, that doesn’t add up either, or they wouldn’t still be bodysearching all those airline passengers.

    • Ninja

      I liked your comment for your concerns over why HS is involved but I disagree with your first line. I support some money for the guys that provide a service where ppl can share. They are earning money for the SERVICE they provide.

    • Violated

      Why are ICE doing this? Two words… Joe Biden.

      He once had a meeting with the copyright side and soon announced War on domain names and infringers.

      ICE gets the play governmental bitch.

      • ???

        Joe Biden didn’t once have a meeting. He’s been their bitch since he was in the Senate.

    • J.

      Allegedly, pirates fund terrorism, at least according to the RIAA training video that got leaked several years back… You know, naturally, the combined might of the US Intelligence agencies & military can’t find Osama Bin Laden, but the random Joe Schmo who decided to make an easy buck selling copies of the latest blockbuster hit is able to funnel his profits back to him so Bin Laden can conduct another 9/11…. Its also apparently almost a given when you buy pirated merchandise, you’ll be asked “Do you want it with or without?” – with comes with a sliver (is that the right word?) of crack-cocaine under the CD/DVD…

  • http://pulse.yahoo.com/_Z4JTWH4ZP6KJHWGFACE3M4AEUQ Getridov Disqus

    Oh dear, my comments seem to be awaiting approval from a mod… Must be scared that I might say something… truthful?

    • Herp

      I agree, we should ban news and journalists when they cover subject we disagree with. We need more taboos and censorship!

  • Joseph

    this story has been on every site for three days now….way to keep up with fast breaking news tf.

  • Insulted

    Joseph, STFU or start your own torrent news site!

    About making money, 90,000$ over 5 years breaks down to 18,000$ a year. It’s not like he was making a fortune, specially in Texas where the cost of living is creeping close to insane. Just a normal house over there costs on average 500,000$… The guy just paid the site’s expenses and bought some hardware.

    • Bowser99

      Your a little confused… the average house costs LESS in Texas than most other states, the cost of living is lower as well. In reality the U.S. economy downslide has just recently really started hitting texas as well… thus the house values should be plummeting not increasing douch…

      • Eset

        In the meantime, less than 90 miles from Austin in Deanville Tx, the fastest internet you can get is dial up. I say their priorites are fked up shutting down some site instead of upgrading Texas internet.

      • Eset

        In the meantime, less than 90 miles from Austin in Deanville Tx, the fastest internet you can get is dial up. I say their priorites are fked up shutting down some site instead of upgrading Texas internet.

    • Ninja

      Considering $5k for equipment, $500 per month in bw, domain and related expenses, $1k per year in miscellaneous expenses (maybe he had to hire some1 to make part of the site or fix stuff) he probably made less than $800 per month which sounds low for his dedication. After all as you said, $800 surely made him live like a king. Wait…

    • LOLZ

      Channel 2 news said he made 90k from ads, but they failed to specify the period of time he made this money over. Stupid mass media.

  • Anonymous

    Looks like the Feds have WAY too much spare time on their hands! No real criminals to harass?

    http://www.total-privacy.ie.tc

    • We Hate Spam

      More spam? Just give it up, or rent some ad space here if your business is actually any good.

  • Anonymous

    “exas where the cost of living is creeping close to insane. Just a normal house over there costs on average 500,000$… The guy just paid the site’s expenses and bought some hardware”

    He ran a one page website with just text and links, no videos, you can host that for like 2.99$ a month. he was making a profit. also, 500$k for a house in Texas? where do you see this? texas has one of the lowest costs of living in the US. (http://www.missourieconomy.org/indicators/cost_of_living/index.stm)

  • http://truth-and-opinion.dyndns.org/ mavigozler

    I have reported death threats being put into my Gmail account to the U.S. law enforcement authorities: the complaint went completely without response.

    And now I know why: the U.S. law enforcement is busy being the bitch of the corporate masters, the taxpayer-paid jackbooted thugs operating at the whim of the rich.

  • Yarick

    “We will continue to investigate illegal streaming of programming on the Internet in an effort to preserve legitimate and creative business interests and deter others from engaging in online piracy,” Homeland Security agent James Hayes said.

    I don’t see how an industry that is based off of making money from other people’s creativity can be classified in the category of “Creative business” with a straight face. They provide nothing. They do nothing except get rich off other people.

    I also want to point out how it seems like any time the U.S. is mentioned it’s time for the ignorant America hate mongers to come out of the wood work. It gets a little old after a while seeing that some people have nothing of value to contribute.

    • Sick and Tired

      And you are surprised?!
      America is the new Soviet Union.
      US is the single biggest threat to freedom and privacy around the world…
      People from other countries are sick and tired to suffer the abuse of the American authorities!
      Nobody likes an out of control bully from a foreign country to infringe personal liberties and peaceful lives…
      It’s normal to hate America, in the current circumstances!

      • Anonymous

        How was it again? Something about the new nazis calling themselves anti-nazis?

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  • Glib

    I think the “and” in “reproduction and distribution” will save this guy. He wasn’t reproducing anything, but he WAS helping distribute. Just like you can’t be charged for “breaking and entering” if you never “broke” into the person’s house (i.e. they let you in). I hope he does well, seems like a pretty easy case to win.

    • Violated

      He cant distribute something he never had ownership or control of.

      It is like he owned a cafe where people meet to discuss where in the city copyrighted media could be found.

      It seems lawful to both own a site and for people to talk about what they had seen.

  • DarknezzFallz

    I really wish they would knock at my door… give me a reason to blow this rig to shit along with the idiots that knock at my door.

    • Violated

      Explosives?

      • Terry Wrist

        Oooh that gives me ideas…

  • DarknezzFallz

    I really wish they would knock at my door… give me a reason to blow this rig to shit along with the idiots that knock at my door.

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  • Robert

    The feds win 99% of their cases, I doubt this guy will be acquitted.

    I’m glad the big-government conservatives created Homeland Security, you know, for freedom.

    The USA needs to put more people in prison, it’s good for the failing economy; it trickles down from the corporations that profit from prisons. Kinda like the war on drugs.

  • ThisisInsane

    So sharing information (in the form of text links) is now illegal in the US? Spend tax payer money chasing down guys sharing links instead of chasing down all the unsolved murder, rape, and kidnapping cases. Makes total sense to me….

  • SL

    I dont really have a lot of sympathy for him, what he did was steal streams from other people and then re broadcast them himself and take any ad revenue away from them.

    I always made a point of going to the source of the stream rather than the places that leech them. Still, its pretty daft to be arrested for it but thats what you expect from a fascist state run by the corporations.

    • sherboil

      Right, he’s stealing the stream and ad revenue from the original pirate re-broadcasting it.Do you see the problem with this funny argument?.

      besides the fact that hosting them himself would only gurantee and hasten his arrest….

    • ThisisInsane

      He was not broadcasting or rebroadcasting anything. His “crime” was placing links on his site which directed people to other sites that were broadcasting the games. He wasn’t stealing anyone’s traffic or stream… he was basically being a TV Guide for sports on the internet, telling people they can go here, there, or wherever to watch a game.

  • Foff

    I checked a stream of the superbowl just for fun (It was on regular free tv so there was no need for anyone in the us to stream it) the stream was really crappy quality. It will be interesting to see how the criminal courts define distribution because if posting links is distribution then there are millions of criminals running around that need to rounded up and shot. And second how much copyright protection do streams deserve since the quality is so downgraded does it even qualify for protection. I don’t believe this case has a chance in criminal court as the evidence needed for conviction must be beyond a reasonable doubt and I see lots of doubt here.

    The truth is 98% of the value of a sport event is due to the fact that it normally is only worth watching live. Only very few would enjoy watching a sporting event if the income was already known after all not knowing is the sport in a sporting event. Outside of the olympics which are more of a demonstration of skill as outside of a little national pride no one really cares about the outcome, the outcome with other sports is vital to the watcher. Hence torrents for sports will never be important and streams are for only those desperate that can’t see it any other way.

    The claims of the copyright holder that they are losing revenue or protecting anything are dubious at best because anyone streaming low quality would like me not be a paying customer. If it were a cable event I would not buy cable for one game and if you buy cable only a small percentage of the cost of cable can be allocated to the game since there is other value there. So what is being protect by stopping an odd american in a foreign place that streams something that would otherwise would not care and certainly not watch it if it was not otherwise available. And even the advertisers are not losing money as in the stream I saw even the adds were present so where is the loss and what exactly is being lost. If anything all the leagues are losing money by not providing a decent quality stream at a reasonable cost. The fcc ought to require it for them to maintain a copyright right for material distributed over the internet. Why should you be protected for a service you don’t offer?

  • Ffs

    “Sports Streaming Site”?? Are you kidding me, give me a fuckin break!! Its a gazillion dollar a year industry, what do the copyright goons care? This is what taxes are paying for these days?? Christ, get real jobs and make a difference in the world!!

  • Ffs

    “Sports Streaming Site”?? Are you kidding me, give me a fuckin break!! Its a gazillion dollar a year industry, what do the copyright goons care? This is what taxes are paying for these days?? Christ, get real jobs and make a difference in the world!!

  • http://twitter.com/nirvan5a nirvan5a

    give me a option to watch sports online like these websites legally. then do this kind of shit.
    if not, fuck off.

  • Anonymous

    Linking==reproduction? I’m no code guru, but I don’t think that’s how pointers work…

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  • Guest

    ICE is going to be ddosed by anonymous.

  • Qquest

    I am not going to vote for Obama again unless he get ride of Joe Bite me since he is a minion of the entertainment corporate parasites and of Israel.

  • Ffs

    Seriously! What, is catching white-collar criminals who bankrupt the nation to give them a bailout too much work or something? Can’t they get back to catching human traffickers and heroin smugglers? Obama can kiss my ass, right in the middle!

  • http://www.facebook.com/hommedespoir Michael Rose

    “Don’t Steal! The Government cannot stand the competition.”

  • Guest

    Well, now that Bryan McCarthy has been arrested that’s the end of Channelsurfing!

    “Despite the arrest the ChannelSurfing website is still available on the new .eu domain, hosted on the same server as the original .net.”

    Oh… Wait…

    So what exactly did this accomplish?

  • Whynameandemail

    anyone knows how to contact the people that run this site theres a arical that they could publish here about a scene site
    http://www.reddit.com/r/trackers/comments/fpvop/scenexpressnet_down_lost_paypal_account_fuck/

    • Emy

      tips at torrentfreak . com message them

  • Von Diari

    I’m not from US and I’m very interested in your lows

    if i bought a movie and show it to 10 people of my friends is it illegal ??
    OK if I show it to 1000 of my friends is it still illegal ??

    PS: I’m just showing it – not selling or profiting or any thing like that -

    • http://twitter.com/Mathew30 Mathew Lisett

      in my view downloadingm or even watching a stream is the same as borrowing a dvd of a mate, theres no money involved and your friends and family can watch the footage and just l;ike the dvd the original person hs paid for the ppv.. how ever just becuase its the digital age they want to ignore this fact and throw common sense out of the window.

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  • http://twitter.com/Mathew30 Mathew Lisett

    if posting links is illegal, how come google havent been seized for supplying a service that brings up links?

    • Tom_tje3000

      probably cause the MPAA would cower like the bitch they are battling it out with a near worth $200 billion dollar company

  • Guest

    If posting links to copyrighted shit is illegal then every web sites every tweat, every forum every blogs on internet is breaking the law because too because basically everything is linked to everything else somehow. Joe bit me does not make sense.

  • Anonymous

    If our government would go that far to stop illegals from walking across the border.Only a dream.

  • J.

    This might be a stupid question, but… Why would Mr. McCarthy be arrested if all his site did was link to other sites…

    “The thing about my site is we never streamed anything, we always linked from other sites like justin.tv, veetle, vshare.tv, zonein.tv and others,” TorrentFreak was told.

    In my mind anyway, the people who are actually committing a crime are the people who actually are streaming the game/movie/tv show/etc…. I could see it being argued that he was simply doing DHS/ICE’s job for them…. Rather than having to scour the internet looking for random sites that might be streaming the super bowl or whatever else, bam, Channelsurfing.net has done all the work for you. All you have to do is make a mail-merge subpoena to compel the hosts to turn over details on the owners of justin.tv, veetle, vshare.tv, zonein.tv, et al…

    As far as him making $90k… As long as he, himself, did not provide anything illegal himself, and its all from ads on his site…. Last I checked, it isn’t illegal to have ads on a site….

    I could maybe see charging him as an accomplice after the fact…. I’d have to get my old crim law notes out to see if the definition of that crime fits…. People charged with it usually assist the suspect in hiding from the police… And by making a publicly discoverable site illuminating the sources, he really wasn’t assisting them from hiding from law enforcement….

  • SizZle7

    Screw you BIG BROTHER. Watch these nuts!!!

  • SizZle7

    Screw you BIG BROTHER. Watch these nuts!!!

  • dawg

    If this guy would give the fed a cut they would leave him alone, now they will take their share (–ahem…their extortion payment) in fines. As the patriots here in the good ‘ol USA are fond of reminding everyone “freedom isn’t free”.

  • Robby

    seems that channelsurf.eu is down now too? is it the same with everyone else??

    • Kvnpark

      Yup. Looks like .eu is also down now. Is there a new address?

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