Great questions, and unfortunately I don’t think there are many clear answers here. Some thoughts (opinion only, not advice):

1/ Big questions about which entity(ies) would be ‘confiscating’ or ‘freezing the funds, because any proposed fork requires miners to adopt it, can’t be done unilaterally. Existing rules about custody of funds don’t work well where no legal entity actually has possession or custody (e.g. where funds are in a smart contract like the DAO).

2/ Questions about whether in fact, any ETH holders (including regular users and ‘the DAO attacker’) actually have any rights. There’s no contract, no bailment arrangement etc. I’d argue there isn’t any clear source of rights at this stage.

3/ I’d also argue against imposing any legal restrictions on the way that developers or miners can interact with an open, public blockchain. Big risk of hindering development.

Not saying that there’s no risk of liability for the developers (the law can and will evolve), just that under existing laws there’s no direct or obvious pathway right now.