You make a number of assumptions and have a number of misunderstandings.
First, Google has fought this battle.
Google has not fought this battle. Google doesn't knowingly link to infringing content, and when it becomes aware (through takedown notices that are necessary when there's no evidence of actual knowledge on the part of the OSP) it promptly unlinks (I know this from personal experience, having asked Google to unlink my employer's IP in the past).
That aside, as you admit, there is no case law that sides on such actions being illegal in a fashion that applies to this.
I don't admit any such thing. I showed you case law that contains some courts deeming it illegal and some deeming it legal.
Second, any company or individual who provides online services can be (and often is) considered a "service provider" - you are confusing an INTERNET service provider with an ONLINE service provider. Google is an OSP but not (or not really) an ISP.
No I'm not. None of the things I've said rely on "service provider" being defined to mean either "internet service provider" or "online service provider". All the things I've said could apply equally well to either type of service provider.
Third, you are assuming guilt of the parties involved in deciding they knew the links went to content that infringed. I am not saying they didnt (or shouldnt have) know(n). I am saying you are deciding you are the judge and jury. But, that's what the courts are for.
I'm not assuming anyone's guilt. When there's probable cause to believe the offense has been committed, and a warrant has been issued, a seizure can take place. It's just like when several witnesses see you dealing drugs out of a car, and the police go tell that fact to a judge, the judge issues a warrant, and then they seize your car. Guilt is not assumed; probable cause is established, which is a different standard.
Finally, thus, when you put this all together, it is (a) up to a court (not some random judge) to determine which factors make it willful infringement or not,
A COURT granted DHS the warrant to arrest the guy. ANOTHER COURT granted DHS the previous warrant to seize the domain.
(b) the takedown notice needs to be sent and either responded to (ie: material removed, counter notice, etc) or ignored.
Um...I don't know if you didn't read the part of my post that quoted the DMCA, or just don't understand legalese well enough to understand. If the former, please go back and read it. If the latter, why are you even participating in this discussion?
See the point? The DHS has been skipping numerous steps. The sanctions imposed are those that should apply after guilt is determined - which at the least would require a court case to determine that the OSP is KNOWINGLY providing links to illegal content - or at the other end of the spectrum, filing due to lack of a response (or incorrect response) to a takedown notice.
Seizing contraband is not a sanction. Seizing tools used to traffic in contraband is not a sanction. These are parts of the criminal procedure that go on long before guilt is determined. The Fourth Amendment covers them, but the Fourth Amendment requires a warrant (or exigent circumstances) based on probable cause. The Fourth Amendment doesn't require conviction (a determination of guilt) prior to seizure.
Please indicate which part of the DMCA or Constitution allows for DHS to ignore procedure.
Please indicate what evidence you have that DHS has ignored procedure.
There is no "compelling reason" "in the best interests" (etc) that allows such. The only reason there is, is to cater to big businesses.
Hey, man, I'm with you there. But just because it's catering to big business, doesn't mean the law isn't on their side.
[blah blah blah]
But, back to the topic at hand: think how many other cases have been thrown out due to procedural mistakes (and how many sanctions have been levied) - yet DHS is allowed to make so many procedural mistakes (some which are direct violations of the Constitution) with NO penalties?
Name the violations of the Constitution in this case, including what unconstitutional thing DHS did, what clause of the Constitution it violated, and at least one case supporting the interpretation that that's a violation. Name one.
If these people/companies/whatever are guilty... penalize them. To the fullest extent of the law even. But only THROUGH FOLLOWING PROPER PROCEDURE AND THE LAWS & CONSTITUTION OF THIS LAND. Get it now?
I don't see why you need to yell. It's not my fault you have no grasp of criminal procedure yet insist on lecturing others about the law. It's especially not my fault you continued after this fact became painfully obvious three posts ago.
Obligatory Disclaimer: IANAL, but I read a lot of law, both case law and statutes.