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<blockquote data-quote="wkmac" data-source="post: 786742" data-attributes="member: 2189"><p>Baba,</p><p> </p><p>18 USC Section 981 and 2323 pertain to the right of gov't to execute civil forefeiture of private property. Title 18 is the US Criminal Code which governs arrest and forefeiture procedures, arrest process, prisons and witness protection, it does not establish original jurisdiction which is always found in the assigned governing US Code Title, typically Code of Federal Regulations that are the actual postings to the Federal Register in compliance with Title 5 and the Adminstrative Procedures Act. Typically from a CFR regulatory citing and it's authority from Congress contained within in Federal Register filing, an internal agency "Delegation of Authority" is issued first by the Sec. of the Dept. and then follows a chain of Delegation down through Commissioners, upper agency heads, dept. managers and then down to field level agents if it goes that far. </p><p> </p><p>What I was looking for was the actual authority of jurisdiction for ICE to even be involved in a Copyright case to begin with. Copyright law is controlled and administered by the Library of Congress in Title 17 Chapter 5 but ICE authority has traditionally been found in Title 19, however in March 2003' was absorbed in DHS which it's authority is found in Title 14. ICE was under the Sec. of Treasury (at least in Customs enforcement at it relates to taxes) but when DHS was made a Sec. level position, I'll assume those jurisdictional authorities transferred as well. </p><p> </p><p>Immigration and Customs has to do with something flowing in and flowing out of the country (persons and property) and how a domestic website within the US is seized, I just find this interesting. Is there legal basis of authority or are they attempting some new novel legal approach to expand federal jurisdicition. Some of you guys let your emotions get ahead of you and then you want to let these guys have carte blanche because it seems to work well with a certain bias you might hold. The precedence you allow them to set may come back to haunt you on fine day!</p></blockquote><p></p>
[QUOTE="wkmac, post: 786742, member: 2189"] Baba, 18 USC Section 981 and 2323 pertain to the right of gov't to execute civil forefeiture of private property. Title 18 is the US Criminal Code which governs arrest and forefeiture procedures, arrest process, prisons and witness protection, it does not establish original jurisdiction which is always found in the assigned governing US Code Title, typically Code of Federal Regulations that are the actual postings to the Federal Register in compliance with Title 5 and the Adminstrative Procedures Act. Typically from a CFR regulatory citing and it's authority from Congress contained within in Federal Register filing, an internal agency "Delegation of Authority" is issued first by the Sec. of the Dept. and then follows a chain of Delegation down through Commissioners, upper agency heads, dept. managers and then down to field level agents if it goes that far. What I was looking for was the actual authority of jurisdiction for ICE to even be involved in a Copyright case to begin with. Copyright law is controlled and administered by the Library of Congress in Title 17 Chapter 5 but ICE authority has traditionally been found in Title 19, however in March 2003' was absorbed in DHS which it's authority is found in Title 14. ICE was under the Sec. of Treasury (at least in Customs enforcement at it relates to taxes) but when DHS was made a Sec. level position, I'll assume those jurisdictional authorities transferred as well. Immigration and Customs has to do with something flowing in and flowing out of the country (persons and property) and how a domestic website within the US is seized, I just find this interesting. Is there legal basis of authority or are they attempting some new novel legal approach to expand federal jurisdicition. Some of you guys let your emotions get ahead of you and then you want to let these guys have carte blanche because it seems to work well with a certain bias you might hold. The precedence you allow them to set may come back to haunt you on fine day! [/QUOTE]
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