davezan - 12:52 am on Mar 10, 2012 (gmt 0)
the extraterritorial extent of US law
I think this one can be explained, if it hasn't been already.
Both we and whatever we possess or use are subject to any applicable law in the
jurisdiction operating in. Since the .com Registry is in Virginia and VeriSign's HQ
is in California, both are bound to whatever laws apply in either one.
If any nation wants to seize, say, a .com for violating their law on something, it
has to go through that registrar or the Registry's jurisdiction. While either one of
them can choose to comply with any court order they see fit to, they otherwise
know they're not compelled to obey it unless some law in their area forces them
Where I'm having trouble wrapping my head around is this supposedly started by
Bodog's violating a state law rather than a Federal law. But I guess someone at
law enforcement got creative enough to find a way, and all that will have to be
threshed out in court in the days to come.
Your total lack of understand of due process
That's probably another issue here. While we all have our notions of what "due
process" should be, it's the one where laws apply that virtually matter. For this
specific instance, it's U.S. law's.
Rather to be expected, not many people are aware that exceptions to the U.S.
4th Amendment can allow seizures of this nature, albeit it tries to "compensate"
by imposing specific, tougher standards. While it doesn't specify domain names
are included, it doesn't say they can't be seized either.
That's a dilemma with any law: you try to cover any and all scenarios, but one
is bound to come up that's not exactly covered or is violating another law. Then
again, the law can save or screw you depending which side you happen to be on.
Let's also not forget that despite U.S. whoever law enforcement thinking one is
guilty, they're still giving you a chance to dispute your case in court. Otherwise
why bother with "due process" and all that if they don't believe in it, especially
when the law requires them to anyway?
Of course it's one thing to understand, it's totally another to agree or like that,
but no one's required or forced to do the latter. IMHO what matters is trying to
at least understand the method behind the madness to (hopefully) avoid having
that undesired fate befall him or her.
One thing I'm sure many (if not all) can agree on, though, is this definitely does
not have a good feel to it. Yeesh.