The Lawless States of America

Worse, he said, "these days not even a judge is required for the U.S. government to censor online materials."

From here, (via Atrios).

Steve Marshall is a British travel agent. He lives in Spain, and he sells trips to Europeans who want to go to sunny places, including Cuba. In October, about 80 of his Web sites stopped working because of the U.S. government.

It turned out, though, that Marshall's Web sites had been put on a U.S. Treasury Department blacklist and, as a consequence, his domain name registrar, eNom, which is based in the United States, had disabled them. Marshall said eNom told him it did so after a call from the Treasury Department; the company says it learned that the sites were on the blacklist through a blog.

Either way, there is no dispute that eNom shut down Marshall's sites without notifying him and has refused to release the domain names to him. In effect, Marshall said, eNom has taken his property and interfered with his business. He has slowly rebuilt his Web business over the past several months, and now many of the same sites operate with the suffix .net rather than .com, through a European registrar. His servers, he said, have been in the Bahamas all along.

Marshall said he did not understand "how Web sites owned by a British national operating via a Spanish travel agency can be affected by U.S. law." Worse, he said, "these days not even a judge is required for the U.S. government to censor online materials."

and

Peter Fitzgerald, a law professor at Stetson University in Florida who has studied the blacklist, said its operation was quite mysterious. "There really is no explanation or standard," he said, "for why someone gets on the list."

Susan Crawford, a visiting law professor at Yale and a leading authority on Internet law, said the fact that many large domain name registrars are based in the United States gives the Treasury's Office of Foreign Assets Control, or OFAC, control "over a great deal of speech - none of which may be actually hosted in the U.S., about the U.S. or conflicting with any U.S. rights."

"OFAC apparently has the power to order that this speech disappear," Crawford said.