This is perhaps the most naive statement I have ever read on Hacker News. Domain seizures don't have temporary consequences, and law enforcement knows this. Once they've seized the domain, they've done all the damage they need to do. Everything else is just window dressing. Tomorrow morning, the feds could release Kim DotCom, give him all of his money, apologize, and immediately return their domains, and it wouldn't matter. The site, and the multi-million dollar business behind it, are dead.
As much as prosecutors would love to, we don't put people to death before they are found guilty. We should not allow the equivalent to happen to websites without giving them the opportunity to present counterarguments to a judge. They should be given notice that the domain is going to be seized, and arguments should be scheduled. Domain seizures are far too easy to obtain given that they mean the absolute and total destruction of the target business, without recourse, regardless of the ultimate outcome of any trial. That is hardly fair and certainly not the way the US system of "justice" is supposed to operate.
As much as prosecutors would love to, we don't put people to death before they are found guilty. We should not allow the equivalent to happen to websites without giving them the opportunity to present counterarguments to a judge. They should be given notice that the domain is going to be seized, and arguments should be scheduled. Domain seizures are far too easy to obtain given that they mean the absolute and total destruction of the target business, without recourse, regardless of the ultimate outcome of any trial. That is hardly fair and certainly not the way the US system of "justice" is supposed to operate.