Why would they need access to the domain to do that?
The point is very valid: someone who controls a domain can trivially MitM any communication with that domain over unencrypted HTTP. And given events of the past year, I wouldn't put it past them to be able to get a cert issued for the fraudulent domain too...
Either way, though, without the private key to the SSL certificate, which he won't have without the original server, he can't pretend to be the original site on the other end of an SSL connection.
Orig. Server <-- SSL --> MITM Server <-- SSL --> Client
The only thing that usually prevents this is that the MITM Server normally can't get an authenticated SSL cert for the domain and so the client can detect the fake cert.If SSL worked like SSH then your browser would whine that the cert changed but the browsers currently don't do that. I think even convergence (http://convergence.io/) wouldn't detect this case because it looks to the outside world to be totally legit. Scary.