I think what might need to happen is to set up a 'legal attack fund' for businesses that resort to 'self help' in freezing coins, accounts, and coins.
No need, if this is something MtGox for example stipulates in their ToS i.e. their contract they will get regulated by their customers taking their business some place else and if they don't they will get sued by their customers for damages. Problem solved.
MTGOX as far as I know take an appropriate response in their Terms of Use. Reception of tainted coins 'might' kick off a AML Identity request. They as far as I know, do not require you to identify where you received coins (nor should you tell them, you should only tell properly Identified LE Officers if you wish). You may be required to identify. The problem there is that you could send coins to everybody at MTGOX forcing the AML requirements on everybody. That might not be good for business. Especially when people are often required to identify multiple times.
I mean seriously MTGOX is requiring tougher rules than Banks. They might as well just become one and get it over with. I can open an account here with a DL and SSN. Some 'illegals' can open accounts here with just a consulate ID and not even be a citizen. Pretty soon, Americans will be using foreign banks overseas for ease of use. Unfortunately many of them won't take US Citizens because of the insane requirements being imposed on them by the FED.
I was more inclined to mean 'other' businesses that use the tactic of freezing and re-claiming coins deemed 'tainted'.
You are right in that the free market should take care of this but the free market also includes the use of lawyers to speed up decisions.
Plus: Think of the unemployment rate and GDP. Imagine all the people that need to be hired and money needing to be spent when lawyers get involved.
That alone might keep organizations from trying 'self help' methods and just wait for LE Inquiries before taking actions.
What happened to the days when Businesses required a warrant to take actions rather than just 'you follow our rules or else' threats?
We need to get back on track to appropriate rules and stop this craziness. Lets start with Lawyers and Lobbyists before we bring out the guns to take the country back.
You know what is sad? The 'terrorists' won on 9/11. They successfully have taken away our Liberties by forcing us to pass the Patriot Act and allowing our government to do anything they want under the guise of National Security.
Prying back that power that was given to them is going to be hard. Bitcoin is a start, to prove the uselessness of the rules.