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I agree in principle, but I think it’s also very realistic to suggest that there was no real legitimate and legal usage for Silk Road. It is possible some items

I agree in principle, but I think it’s also very realistic to suggest that there was no real legitimate and legal usage for Silk Road. It is possible some items and services for offer would be legal in some contexts, but the site existed for the express purpose of being a black market of illicit goods and services. I don’t see there being much plausible deniability. Not a lawyer, but I think in this case it would reasonable for it to be on the defendant to demonstrate that their participation in such a black market was legal, in good faith, and a rational choice (I.e. no reasonable alternative existed). Just surfing Silk Road? Super reasonable, should not be illegal since there is no indication of intent. Deposited money into Silk Road? You definitely had intent to transact.

Scoundreller 3y ago
I’d say it was full of hard to get (and potentially embarassing) goods and services, legal or not. More of an anarcho-libertarian mindset than “I gonna break the law and the law only!”. Plenty of things that aren’t illegal but regulators over-reach anyway and make it difficult to transact in. Then there’s the “illegal in USA, but not in _____”, or “illegal in France but not in USA” Having to make a public claim that you were just going to buy a technically legal viagra analog is a good way to make sure nobody bothers (on top of the gov just making spurious claims that the marketplace is itself a criminal neighbourhood where anyone present is subject to arbitrary search/seizure).