I swear I've read freeze distillation is not illegal, so far as it doesn't concentrate the alcohol more than a certain percentage. Now, I cannot find a source for that, so maybe I imagined it, but I did find
this:
This is a section from Dennis Davison's article "Eisbock: The Original
Ice Beer" (_Zymurgy_ vol 18 no. 5 Fall 1995) that addresses this issue:
Is it Legal?
Are homebrewers "distilling" or "freeze distilling" and
thereby breaking the law, if they make an eisbock in the
traditional manner by freezing beer and removing ice to
increase the alcohol content and enhance the flavors?
According to the Bureau of Alcohol, Tobacco and Firearms
officials, the process of freezing beer and removing ice
is called concentrating. A brewer may not employ any
process of concentration that separates alcohol spirits
from any fermented beverage, and since *ice* is being
removed from *beer* (author's emphasis), this concentration
process is legal.
From what I've been able to dig up on the web, "ice" beer (first developed by Labbat) are different from eisbocks. Eisbocks can undergo a significant increase in alcohol (up to 10% or so), while "ice" beers usually only gain a half percent in alcohol, and sometimes none.
Also, a cite
here:
Ice Beer
Eisbock is different from so-called "ice beer," a fad brew that was "invented" by Labbat's of Canada in 1993. It captivated a certain market segment and was imitated quickly by all the major industrial breweries before its popularity began to slip. Ice beer lacks the Eisbock's strength and maltiness, but it has one production step in common with the Bavarian original: After fermentation, both beers are cooled down to a temperature of at least -25°F (4°C). At this temperature the water in the beer solidifies into tiny crystals like slush. But this is where the similarity ends.
While the Canadian ice beer is based on a standard North American light lager as a starting brew, the Eisbock starting brew is a potent Bockbier or, more likely, Doppelbock. While the Canadian frozen brew is sharply filtered, which takes out not only the ice, but also a large portion of the tannins and bittering substances derived from the hops and grain husks. Fresh water is then added to the Canadian-style ice beer to bring the alcohol level to what it was before freezing. The result is a particularly soft and mild beer, with almost no hop bitterness.