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sprigman

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  • Feb 3rd, 2013 @ 10:15am

    Re: Re: Re: ICE legal authority to seize domain names

    Um, no. And I'll let your comment stand as an excellent example of something that most law students realize in their first couple weeks of law school -- i.e., that law and logic are not the same thing, and if you try to reason your way to understanding the law, you're gonna get a lot of things wrong.

  • Feb 3rd, 2013 @ 7:53am

    Re: ICE legal authority to seize domain names

    So I called the authority "dubious" b/c ICE doesn't have any specific legal authority to seize domain names in advance of a hearing. And the First Amendment is hostile to prior restraints -- i.e., censorship in advance of a court's determination that a publisher or website has broken the law -- which is exactly what ICE is doing here. The Obama Administration has asserted that it is giving website owners sufficient due process, but that's just an assertion.

    Another commenter mentioned civil forfeiture laws. Those don't apply here, b/c the seizures are made prior to any determination of law breaking.