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Ashcroft v. Registrars on Domain Property Status

Posted by timothy on from the hey-that's-not-a-press dept.

pbuxton writes "Here's a CNN story about the confiscation of domain names by law enforcement. An interesting dilemma noted in the story is that a domain name is either a mere service, which would let Verisign, et al., off the legal hook for mismanagement, or it is property which can be siezed by police and judges." This story mentions (and adds some perspective) to the recent seizure of ISOnews.com.

6 of 62 comments (clear)

  1. my thoughts.... by Anonymous Coward · · Score: 1, Insightful

    police, governments, etc. shut down illegal businesss (eg - mob related activities, drug goons, telemarketing scams) all the time. Sure, they'll return in another capacity. They seize assets, people who were unknowingly working there lose their job, etc. The government (state, federal, whatever)

    This is basically teh same as a website which offers info about drug trade, warez, etc. Hence, the government should be permitted seizure of domain names used exclusively for those activities.

    While I agree with the notion that the gov'ies replace the website with one of their own, I do agree that info on who connects to that server should follow some acceptable policy.

  2. Bigger problem by ObviousGuy · · Score: 3, Insightful

    The whole concept behind property seizures is a little disturbing. It is the complete removal of due process to confiscate and sell for profit all of the offender's drug-loot before the trial has even begun.

    This is the only crime where such an action is permitted, and it is wrong.

    --
    I have been pwned because my /. password was too easy to guess.
    1. Re:Bigger problem by knobmaker · · Score: 2, Insightful
      This is the only crime where such an action is permitted, and it is wrong.

      Unfortunately, the drug war forfeiture abuses have spread to other crimes. Quite a few years back a woman's home was seized because she stole a UPS package off a neighbor's porch. I don't like thieves, but it was pretty tough on her husband and children, who lost their home through no fault of their own.

      A week or so back, I submitted a story about this hijacking-the-domains of evil drug paraphernalia pashas. At the time, Ashcroft was talking about redirecting these domains to DEA servers, where those who had tried to visit the paraphernalia sites would be served an "explanation" for why the sites were no longer available. I couldn't see any reason the DEA wouldn't like to identify the visitor. Grist for the Total Information Awareness mill. After all, drug users have a weakness that might be exploited by America's enemies. We have to remember, all's fair in war.

      Is it just me, or is it starting to get ugly?

  3. Tampering with Evidence by Anonymous Coward · · Score: 2, Insightful

    If the cops seized a domain, isn't that evidence? And if it is, wouldn't the cops using it be guilty of tampering with evidence? I doubt cops seize cars and boats from drug dealers and runners and start using them immediately. Don't they have to wait until AFTER the case goes through court? This smacks of unreasonable seizure.

  4. Wiretapping by Anonymous Coward · · Score: 1, Insightful

    Since it's a domain and communications go there (such as email), then seizing the domain and listening to the traffic is wiretapping, no? Don't the Feds need a court order to wiretap?

  5. In fairness... by Anonymous Coward · · Score: 1, Insightful
    Look, I'm no fanboy of Bush at all, but please, please, please PLEASE PLEASE, all you moderates, all you left-of-centerists, all you rightists who fear our government:


    Stop it with the ad hominem attacks!



    It made the Dittoheads look like dorks when talking about Clinton, it makes us dissenters look like fools when talking about Bush.

    Let's attack his policies, which seems pretty easy to do right now, instead of the man. Resist the temptation! Otherwise those on the fence will just tune us out as radical nutjobs making a rukus.

    OK?!