The question is not "where is the forum?" but "where are the operators?" and "where are the servers?"
The forum may be in happy libertarian utopia-land, but if the operators are in jail, or the servers are seized, the forum isn't much fun any more.
Also, the problem is not "will bitcointalk.org get busted?" but "will having a forum labelled 'securities' help or hurt people whose activities are discussed in that forum?"
If we had a forum titled "child porn", and some people used it to discuss other people's business ventures, do you suppose it would help, hurt, or have no effect on those ventures, especially if the ventures were under legal/regulatory scrutiny?