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Old 11-19-2010, 08:28 AM   #13
Rathji
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Quote:
Originally Posted by Ducay View Post
Perhaps the anger is not that the govnment can decide what is illegal, but rather the fact they can do it unilaterally. Normally to do something like this you'd need a judge to sign off on a variety of documents once the agency can prove that it is indeed viloating american law. Now, it seems more "patriot act" like, where the government can just do as they please without having to justify the reasoning to a judge.
How do you get that from the bill?

from http://thomas.loc.gov/cgi-bin/query/z?c111:S.3804:

Quote:
(B) DETERMINATION BY THE COURT- For purposes of determining whether an Internet site conducts business directed to residents of the United States under subparagraph (A)(ii)(I), a court shall consider, among other indicia whether--
Quote:
(1) DOMESTIC DOMAINS- In an in rem action to which subsection (d)(1) applies, the Attorney General shall serve any court order issued pursuant to
IANAL so maybe the legal mumbo jumbo has confused me, but when the bill refers to a court determining something, the things that a court should consider, and things the court can order, I really am assuming there is a judge involved.

I might be out to lunch on that though, and if I am then obviously the law is unconstitutional and should be struck down immediately.
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