Ignoring the dubious ethics of running a black market, SilkRoad is ultimately a rent-seeking enterprise making money from transactional frictions. It creates no value - hardly the sort of shining beacon of enterprise the founder(s) make it out to be.
It's like saying a road has no value because stuff isn't created on the road, just moved.
As for ethics, you could sleep better after buying a kilo of coke on silk road than paying your taxes.
It's funny how I keep getting charged to drive on certain roads that provide a better service than certain other roads.
[1]http://en.wikipedia.org/wiki/Private_highways_in_the_United_...
And I see a lot of businesses selling stuff like 3d printers who use open designs and contribute changes back to the community. Lock-in is a choice people make.
Silk Road is using technological advancement to remove as much friction from the process as possible, but it's obviously still non-zero, just like any market in the world.
Smuggling illegal immigrants is not rent seeking. If an illegal-immigrant-smuggling company lobbied the government to tighten immigration controls, that would be rent seeking.
They need not lobby directly for these restrictions, they have other organisations that will do that for them.
"In public choice theory, rent-seeking is an attempt to obtain economic rent by manipulating the social or political environment in which economic activities occur, rather than by creating new wealth. One example is spending money on political lobbying in order to be given a share of wealth that has already been created."
http://en.wikipedia.org/wiki/Rent-seeking
A black market - almost by definition - is one in which the players are cut off from the channels of official lobbying or patronage that make rent-seeking a viable economic strategy.
That's not to say that a dark symbiosis can't develop between black marketeers and legitimate authorities. For instance, the police, by enforcing laws against drug trafficking, increase the risks of trafficking. This increases prices and profits alike. High profits attract a constant supply of traffickers, who also tend to be far more ruthless than the average businessman, which brings additional layers of criminality to the trade, thereby ensuring continued employment for the police - to say nothing of an unsettling expansion of their powers.
But at no point do the traffickers and the police feel a mutual need to formalize this relationship, since public opinion remains, on balance, opposed to the narcotics trade. That is to say, the police can rely on the ballot box to stay employed, stripping them of any incentive to do business (at least on an open, institutional level) with traffickers. Meanwhile, the traffickers can count on public opinion to keep police on the beat, and need not go to any further expense to keep their racket going.
Contrast all this with the retroactive extension of copyright terms which has got to be the canonical example of true rent seeking, illuminating the practice in its most naked and unproductive form.
EDIT: An more germane example is the lobbying done by pharmaceutical companies with an interest in keeping the law and public opinion in opposition to illegal substances that may have pharmacological properties. Because these substances are too well known to be patented, their legalization could lead to patent-free formulations that reduce demand for patentable substitutes that pharmaceutical companies have created, or ones they could develop in future. Blocking the legal use of one widely and cheaply available substance to create a market for a more expensive but conceivably inferior alternate is a text-book case of rent seeking.
You don't need a formal agreement or specific legislation to establish a rent-seeking economy, nor is economic patronage necessary. A black market is not somehow separate to rent-seeking business.
I'm also unsure why you think SR "creates no value"? It creates value in the same way eBay does.
He's a pioneer. When SR has strange technical problems, he can't just jump on IRC or Stack Overflow and ask. He has to deal with attacks against Tor no one else has experienced. I don't know of anyone else betting more heavily on the security of Tor (at least the hidden service aspect).
He's also just plain inspiring. He had a bold idea, coded it up, kept it working, by himself or with a small group, despite opposition by the worst possible adversaries. He puts his life on the line for his principles. If the world had more brave and highly capable people like him, we might not still be in the drug war.