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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.

3 of 62 comments (clear)

  1. 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?

  2. 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.