I mostly agree with your post, but I feel that we are being fixated on non-issues here, and missing the (simple) point.
Someone breaks into my apartment and steals cash and gold, or breaks into my computer and steals private keys. To me, these are two reasonably similar scenarios from the legal and moral point of view. They stole something of value, because they know it's valuable.
In either case, I would expect to be able to report the crime to the authorities and see reasonable efforts dedicated to these being located and returned to the rightful owner, that is me. I have a friend whose car got stolen, he reported it, and months later was contacted by the police and had his car returned to him.
Ok, I'll accept that. I would assume you would report it to the Police and let everybody know what is the Police Report Number is and who is the case officer that people reporting the coins can contact. What is the Police Report number in this case and who is the case officer?
Or is this just 'self help' here?
Yes, if I expect you to believe my claims of that sort, I'll need to at least report the crime to the police and let you know what the details are. And most of us are aware that falsely reporting a crime is, well, a punishable crime.
If someone knowingly accepts stolen goods, I think in most countries they would be subject to prosecution, and I believe this to be a good thing. If your country falls into this category, but you don't like it, do everyone a favor and move someplace else, like to that paradise of like-minded people. Good luck.
Ok, the owners of the faucet have committed a crime in this scenario and should be prosecuted. Or are you saying: Knowingly? If so, I can guarantee that everyone will say they didn't knowingly do it.
Yes, I was saying "knowingly." People on IRC yesterday come to mind. They were even confirming that transactions "seemed legit" as they were receiving stolen coins. I agree that we don't know for sure these came from Bitcoinica hack, or that such hack has happened at all, but most of courts in this world would, I believe, conclude from the logs that the recepients believed the coins were stolen, and still provided their addresses.
If someone unknowingly accepts stolen goods, and these are at some later point identified as such by the authorities, again AFAIK in most functioning countries these goods will be returned to their rightful owner. Now, whoever accepted these goods unknowingly gets screwed - but not really. The asshole who stole my stuff and sold it or donated it to them will be responsible for making up to the victim(s).
This sort of makes sense, but soon enough you are talking about the majority of the community acting to return the coins because after awhile the 'tainted' coins will be in everyones wallet.
But more importantly, this couldn't be enforce 'equally' as some will return and some won't return. Quickly creating an imbalance where people that do return are screwing themselves compared to others that don't return. Not to mention isolating the coins from the wallet takes work and isn't supported in the official client. Coin Control could help in this but this takes work to do so not only does the honest person lose his money, he also loses his time and effort value.
Again yes, this is a problem. In my unqualified opinion, in most jurisdictions owners of Bitcoinica could require holders of stolen goods to return these to the rightful owner. These people can then sue the "Bitcoinica Hacker" for damages, although it probably wouldn't work: this person has not even deceived them regarding the nature of the merchandise: they knew it was stolen, and that they were not engageing in the transaction with the rightful owner.
So, all the yelling and kicking about "tainted" coins is missing these simple points. Tracing stolen coins is good to the extent that it might help identification of criminals, and returning of stolen goods to their rightful owners. There's really nothing more to it. It applies to cash, cars, books, and should apply to Bitcoins. I don't see the problem with it.
It 'might' do that. But it is more likely that innocent victims will be labeled and possibly prosecuted for something they had nothing to do with.
BTW: Do you have 'stolen' coins in your wallet? Do you know how to answer that question and find out? Should the average John Q Public?
Innocent victims will only be those who unknowingly accepted stolen coins - and perhaps they should look into a class-action lawsuit against the hacker. And no, I wouldn't know if I have some of the stolen coins in my wallet, but I do know that I wouldn't accept a donation of any kind from someone claiming to have stolen whatever is being donated.
You will eventually run across the occasional guy that just screams to get caught but more often than not, it will be the end receiver.
Again, if the courts cannot prove (usually "beyond reasonable doubt") that you knew the goods were stolen, you are not subject to criminal prosecution.