Pubdate: Sun, 09 Mar 2003 Source: Lexington Herald-Leader (KY) Contact: 2003 Lexington Herald-Leader Website: http://www.kentucky.com/mld/heraldleader/ Details: http://www.mapinc.org/media/240 Author: Tina Kelley, New York Times News Service Bookmark: http://www.mapinc.org/pot.htm (Cannabis) Bookmark: http://www.mapinc.org/topics/Paraphernalia (Paraphernalia) Note: See MAP Focus Alert #263 at http://www.mapinc.org/alert/0263.html regarding the war on bongs. FOR DRUG PARAPHERNALIA SHOPPERS, IT'S A BAD TRIP DEA Seizure Raises Entrapment Issue Wired burnouts take heed: Two weeks ago, after the federal government shut down 11 Web sites that trafficked in drug paraphernalia such as bongs, roach clips and cocaine spoons, the Internet addresses didn't simply disappear from cyberspace. Instead, visitors to sites like PipesForYou.com and aheadcase.com are likely to be routed to a Drug Enforcement Administration message. "The Web site you are attempting to visit has been restrained," the message reads in part. The words are superimposed on an American flag. The wares peddled by these Web sites -- as well as by neighborhood head shops -- are illegal. But it wasn't until the advent of the Internet, the government says, that drug paraphernalia became a billion-dollar industry - -- one that Attorney General John Ashcroft and the DEA say they will no longer ignore. Web surfers heading to some of these sites will not be told that the domain name "cannot be found," as they would if the name were wiped off the Internet. Instead, they could end up on a DEA server, where they'll see the message and the flag. That's raising concerns among some experts in Internet and civil-liberties law. Is the electronic flag announcement a cautionary message to visitors that they are being tracked? Mary Beth Buchanan, the U.S. attorney for the Western District of Pennsylvania, said that new visitors are not being tracked. Still, Marc Rotenberg, executive director of the Electronic Privacy Information Center in Washington, an advocacy group, said the DEA's actions raised intriguing issues under the Fourth Amendment's prohibition on unreasonable searches and seizures. "The courts have to look at this," he said. "I don't think it's immediately obvious that police have the right to seize Web sites in this fashion. "It's about investigative methods and techniques, and what police can do in the online world that they can't really do in the off-line world," he said. Once the government takes control of a domain, Rotenberg explained, it has the ability to record personal information from all the visitors to the site. "It becomes like electronic flypaper," he said. "It can effectively continue to operate the business to attempt to entrap others in the future." Jonathan Zittrain, a director of Harvard's Berkman Center for Internet and Society, said the DEA's recent action is simply part of a law-enforcement trend. "They're realizing a big open network provides lots of opportunities to canvass for crime, which would otherwise require a lot of sweat on the street," he said. - --- MAP posted-by: Jackl