Sen. Ron Wyden (D-OR) has 10 tough questions for the department of Immigration and Customs Enforcement (ICE), all of which can be more easily summed up in a single, blunter question: what the hell are you guys doing over there?

Wyden's displeasure is over ICE's Operation In Our Sites, the controversial program that began seizing Internet domain names last year, and just grabbed several more sports-related domains this week. The seizures are all signed off on by a federal judge, but the affected parties get no warning and no chance to first challenge the claim that they are running illegal businesses. In fact, in yesterday's takedown, ICE grabbed the domain Rojadirecta.org, a site that links to live sports on the Web and has twice been declared legal by Spanish courts.

While different countries of course have different laws, and what may be allowable in one country would be illegal in the US, Wyden raises the obvious question of turnabout: "Did [Department of Justice] and ICE take into account the legality of Rojadirecta.org before it ceased its domain name? ... What standard does DoJ expect foreign countries to use when determining whether to seize a domain name controlled in the US for copyright infringement?"

His other questions are just as pointed, and they're all contained in a letter to ICE director John Morton. Wyden asks whether merely linking to infringing online content is illegal (several of the seized domain names did not host any infringing content themselves). He wants to know why the domain names are being seized, but why there's no attempt to prosecute those behind the sites, if these are really criminals. And he wants ICE to keep (and make public) a list of the companies that have lobbied for any particular site's name to be seized, all to ensure that “Operation In Our Sites is not used to create competitive advantages in the marketplace.”

Wyden also digs into one specific case, last year's seizure of the dajaz1.com domain name. The site, which blogged about music and hosted some downloads, was claimed to infringe on copyrights, but Wyden notes that press reports later showed that many of the songs on the site had been provided to its operator directly by music industry executives. Despite the stories, ICE made no apparent move to look into the case or restore the site's original domain name. Wyden wants "the Administration's justification for continued seizure of this domain name and its rationale for not providing this domain name operator, and others, due process.”

Just in case ICE had any doubts about Wyden's hostility to the entire process, the Senator makes his broader position clear:

In contrast to ordinary copyright litigation, the domain name seizure process does not appear to give targeted websites an opportunity to defend themselves before sanctions are imposed. As you know, there is an active and contentious legal debate about when a website may be held liable for infringing activities by its users. I worry that domain name seizures could function as a means for end-running the normal legal process in order to target websites that may prevail in full court. The new enforcement approach used by Operation In Our Sites is alarmingly unprecedented in the breadth of its potential reach... For the Administration's efforts to be seen as legitimate, it should be able to defend its use of the forfeiture laws by prosecuting operators of domain names and provide a means to ensure due process. If the federal government is going to take property and risk stifling speech, it must be able to defend those actions not only behind closed doors but also in a court of law.

Spicy stuff.