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swhx7
Premium Member
join:2006-07-23
Elbonia

swhx7 to ArrayList

Premium Member

to ArrayList

Re: NUKE IT!

The law has not been enacted. If it is, there is some hope for having it declared unconstitutional.

Punishing people for letting their DNS servers give out truthful information is a "prior restraint" on freedom of speech, and this has almost always been invalidated by the U.S. Supreme Court.

Pirate515
Premium Member
join:2001-01-22
Brooklyn, NY

Pirate515

Premium Member

said by swhx7:

The law has not been enacted. If it is, there is some hope for having it declared unconstitutional.

Yet the US Government has already seized a number of domains a week or so ago without this law being on the books yet or any kind of due process.

cdru
Go Colts
MVM
join:2003-05-14
Fort Wayne, IN

cdru

MVM

said by Pirate515:

Yet the US Government has already seized a number of domains a week or so ago without this law being on the books yet or any kind of due process.

It has had due process...the exact same due process that other crimes go through. The justice department went to the courts with what evidence they had, got a judge to sign off on a seizure warrant, and they seized it. If someone failed to pay their taxes, the IRS potentially goes through basically the same process to reposes property. A drug dealer with a meth lab doesn't get a 30 day advance notice to appear in court to appeal a raid where his lab gets confiscated.