From: Black Unicorn <unicorn@schloss.li>
Date: Sat, 30 Nov 1996 21:53:04 -0800 (PST)
To: Anonymous <Tired.Fighter@dhp.com
Subject: Re: denial of service and government rights
In-Reply-To: <199612010225.VAA05194@dhp.com>
Message-ID: <Pine.SUN.3.94.961201004837.5120U-100000@polaris>
MIME-Version: 1.0
Content-Type: text/plain


On Sat, 30 Nov 1996, Anonymous wrote:

> > Again, I would argue that such a statute needn't even 
> > exist given the rules already well estlablished and 
> > demonstrated in action with regard to indefinate 
> > seizure of computer hardware even in the absence of 
> > criminal claims against the owner.
> 
> Please forgive my naivete, but are there no legal
> weapons available to the 'victims' in such cases?
> I'm passingly familiar with the Operation Sundevil
> fiasco -- i.e., with the outcome re the principal
> 'charges'.  I'm appalled, however, at the apparent 
> lack of remedies for return of such seized property.
> Are individuals who find themselves in such a 
> predicament simply at the government's mercy (there's
> an oxymoron for ya)??

Of course you can fight a seizure, and try to compell them to return your
property.  About all they have to say to get a judge to look at you like
you're crazy is "Your Honor, this is material evidence being used in the
ongoing investigation of a crime.  We can't simply hand it back and try
and rent time with it to do our forensics tests...."


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