Gambling Domain names may be seized by State- Kentucky

**ScriptMan** · #1 (**permalink**) 10-17-2008, 06:30 AM

In a ruling with International impact Judge Thomas Wingate, a Kentucky state court judge, has ruled that internet gambling sites that do not block Kentucky users can have their domain names seized by the state government. This ruling was in response to a motion filed by online trade associations to block the state from taking the domain names of online gaming sites.

Whatever you may think about gambling sites is beside the point. Do you want to have your domain name subject to seizure by a court anywhere in the world because you broke some local law?

IMO, if this decision is allowed to stand it could very well be the end of the Internet as we know it. It for sure will be the death of all the smaller sites as only the largest of the large would be in a position to research and comply with the myriad of local laws around the world.

What do you guys think about this?

corneo · #2 (**permalink**) 10-17-2008, 12:45 PM

It's an unenforceable law. Sounds like somebody is running for a political office.

Futo · #3 (**permalink**) 10-18-2008, 03:43 AM

Whatever happened to each to their own? I cannot see this happening to be honest it would be chaos.

**ScriptMan** · #4 (**permalink**) 10-18-2008, 07:32 AM

Quote:

Originally Posted by corneo

It's an unenforceable law. Sounds like somebody is running for a political office.

ICANN is located in the US and I believe the states are required to honor orders of the court from other states unless Federal law prohibits that action. That causes me to be unsure of the enforability factor.

The natural, sensible course of action is to move the action to the Federal courts and decide the issue once and for all there. I do not think the state will win in Federal court.

A reader on another forum posted great link to a detailed article on the issue. I chose not to include a link to the article in my local paper.

**Zap** · #5 (**permalink**) 10-18-2008, 07:41 AM

There are strict regulations in place for .CA domains.
The state of Kentucky can not legally possess it.

I've got a good mind to go and register gamblinginkentucky.ca

asavantage · #6 (**permalink**) 01-17-2009, 02:29 AM

So much for freedom. There is far too much bureaucracy in this world. High salaried civil servant who do a days work in a week, and concentrate on the wrong things.

**ScriptMan** · #7 (**permalink**) 01-17-2009, 07:24 AM

I need to check on this story. I think the jugde made a final rulin and it is "stayed" pending appeal.

Loridori4 · #8 (**permalink**) 01-23-2009, 08:25 PM

And who's going to be paid to track down all the gambling sites that don't block Kentuckians? And do you really think that person is actually going to do their job? Not likely. Hence another law that won't be enforced.

**ScriptMan** · #9 (**permalink**) 01-24-2009, 07:37 AM

The court of appeals reversed the lower court ruling on Thursday saying that the internet domain names did not meet the defination of a gambling device under state law.

Of course the state is appealing to the state supreme court which may be packed a little more to their liking.

Ultimately I see this in Federal court where it rightfully belongs.

Quote:

And who's going to be paid to track down all the gambling sites that don't block Kentuckians?

There are currently 145 names in the process of siesure. And it is not just Kentucky. The AGs in 12 other states are making similar moves. All the leeches are looking for money. That is the bottom line.

dWhite · #10 (**permalink**) 01-24-2009, 07:42 AM

And...is it illegal to gamble in Kentucky?

Bob Barr · #11 (**permalink**) 01-24-2009, 08:48 AM

Quote:

Originally Posted by dWhite

And...is it illegal to gamble in Kentucky?

Not as long as the state gets its cut, I'd presume.

Horse racing is big in Kentucky and, if I'm not mistaken, some gambling is done on that.

I'd guess that they also have a state lottery.

**ScriptMan** · #12 (**permalink**) 01-24-2009, 10:13 AM

Horse racing and the lottery are the only for profit ventures allowed. Bingo halls are allowed to operate provided the profit goes to a "non-profit" organization.

Individuals may play poker as long as there is no house cut and it is a private game.

The horse racing industry wants control of any casino action that comes to the state because let's face it they can't compete with the slot machines that surround the state. There are 5-6 casinos all along the Northen border.

Loridori4 · #13 (**permalink**) 01-24-2009, 03:45 PM

Interesting. It always boils down to money doesn't it?

HivelocityLB · #14 (**permalink**) 02-02-2009, 02:04 PM

Having U.S based gambling sites are very much against the law in the USA.

This is a known fact.

If you wish to have a gambling site I would recommend moving to an offshore host where this is allowed.

Quote:

Originally Posted by dWhite View Post
And...is it illegal to gamble in Kentucky?

It sure is unfortunately

antirem · #15 (**permalink**) 03-05-2009, 10:26 AM

I would like to hear from the EFF on this.