A Wave of the Watch List, and Speech Disappears
    By Adam Liptak
    The New York Times    Tuesday 04 March 2008

    Steve Marshall is an English travel agent. He lives in Spain, and he sells trips to Europeans who want to go to sunny places, including Cuba. In October, about 80 of his Web sites stopped working, thanks to the United States government.

    The sites, in English, French and Spanish, had been online since 1998. Some, like www.cuba-hemingway.com, were literary. Others, like www.cuba-havanacity.com, discussed Cuban history and culture. Still others - www.ciaocuba.com and www.bonjourcuba.com - were purely commercial sites aimed at Italian and French tourists.

    ”I came to work in the morning, and we had no reservations at all,” Mr. Marshall said on the phone from the Canary Islands. “We thought it was a technical problem.”

    It turned out, though, that Mr. Marshall’s Web sites had been put on a Treasury Department blacklist and, as a consequence, his American domain name registrar, eNom Inc., had disabled them. Mr. Marshall said eNom told him it did so after a call from the Treasury Department; the company, based in Bellevue, Wash., says it learned that the sites were on the blacklist through a blog.

Either way, there is no dispute that eNom shut down Mr. Marshall’s sites without notifying him and has refused to release the domain names to him.

….{snip}….

    Mr. Marshall said he did not understand “how Web sites owned by a British national operating via a Spanish travel agency can be affected by U.S. law.” Worse, he said, “these days not even a judge is required for the U.S. government to censor online materials.”

….{snip}….

Last March, the Lawyers’ Committee for Civil Rights issued a disturbing report on the OFAC list. Its subtitle: “How a Treasury Department Terrorist Watch List Ensnares Everyday Consumers.”

    The report, by Shirin Sinnar, said that there were 6,400 names on the list and that, like no-fly lists at airports, it gave rise to endless and serious problems of mistaken identity.

    ”Financial institutions, credit bureaus, charities, car dealerships, health insurers, landlords and employers,” the report said, “are now checking names against the list before they open an account, close a sale, rent an apartment or offer a job.”

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