

Why Homeland Security shut down ATDHE - ry0ohki
http://jamespanderson.tumblr.com/post/3070883182/why-homeland-security-seized-atdhe-net

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nika
I think the real problem here, or maybe the most corrosive problem here, is
that there was likely no legitimate warrant provided for this closure.

I haven't investigated this case, but a similar case of "siezure" by the FBI
involved a company who owed me some money. The company was legit and the
siezure happened in the middle of a transaction with them. (EG: I'd paid, they
had gotten the goods, but hadn't mailed them out yet.)

Anyway, the warrant said stuff like this: Under Article Blah, doing Activity Y
is made a felony. Entity Blah located at Blah Blah, has bank accounts Blah,
blah, blah and employees blah, blah, blah, blah and blah.

Therefore, we propose to seize all computers, phones, office furniture, rugs,
ceiling tiles, and especially all property of value from blah.

Nowhere in the warrant was any probable cause presented indicating the company
was actually engaging in "Activity Y".

Further, since a member of the government- a PR spokesperson, not a layer, had
previously accused the company of engaging in Activity Y, the company had
taken them to court, in order to get a retraction of the claim and admission
that the company was not engaging in Activity Y.

The judge who signed the seizure warrant, that allowed the federal government
to seize all of the property of this company _was the very same judge_ who was
hearing the federal case, and thus had in his possession proof that the
company was not engaging in Activity Y.

And still he signed the warrant. The companies assets were seized, still years
on no charges have been filed, and of course the assets were sold and the FBI
pocketed the money.

The corrosiveness is that judges, in my example one who knew for a fact that
the company was not engaging in the criminal actively alleged, are signing
seizure orders based on warrants that don't provide probable cause or any
evidence of actual criminal activity.

Never mind that there is no provision in the constitution for the US federal
government to shut down websites, and there is a prohibition of making any law
that would allow them to do so.

