Every now and then, a controversial issue triggers a flood of online discourse. For our Noise Filter feature, the WHIR pans the raging rivers of opinion for shining nuggets of useful commentary.
By David Hamilton, theWHIR.com
September 29, 2008 -- (WEB HOST INDUSTRY REVIEW) -- Last week, we reported that Kentucky Governor Steve Beshear had filed a suit attempting to seize control of 141 domain names associated with online gambling sites. After a Friday hearing, judge Thomas Wingate denied the seizure, saying he needed more time to review the issues involved.
Legal publications, and some dealing with the domain business, were abuzz with response to the lawsuit, and several gambling- and commerce-related industry associations posted official comments online.
It was difficult, however, to locate an opinion voiced in support the Kentucky governor's plan.
It's rather unsettling that the governor of one of the 50 U.S. states can decide to seize domain names, and all he needs to do is find one elected judge to say "yeah, let's do this." Scarier still is that the domain owners didn't really have any warning. The order was to seize the domains first, then talk through the details later. At that point much of the damage has been done.
I have to say that this is a phenomenally bogus case.
There are indeed Federal laws against online gambling, but if Kentucky were using them, they'd have filed a different suit in a Federal court. Adding to the confusion, a lot of the sites offer poker which the operators claim is a game of skill, not chance, and hence it's not gambling, a theory good enough to enable poker parlors all over the state of California, and since few sites offer pure gambling, there are First Amendment issues for the non-gambling bits.
Kentucky is not trying to wage a moral battle. The governor is not claiming to protect the citizens of the commonwealth from "the evils of gambling." Instead, he is trying to have them all to himself. That is because Gov. Steve Beshear is a big supporter of gambling in Kentucky, and he wants to keep the money. So why not use his and the Kentucky courts' power to take out the competition?
The ICA intends to immediately investigate this matter, including outreach to affected ICA members as well as to those registrars subject to the Kentucky order. Once we have gathered additional information, the Board will consider further appropriate action to confront this dangerous precedent.
John Pappas, executive director of the Poker Players Alliance issued this statement:
If the Governor truly wants to implement tighter regulations, taxation mechanisms and consumer protections on Internet gambling, the PPA suggests he publicly support federal legislation by U.S. House of Representatives Financial Services Chairman Barney Frank, H.R. 2460, which would achieve those goals. Poker is a game of skill, a true American pastime and has a proud heritage in Kentucky. Simply because the game has evolved into the 21st Century, it should not be treated as suspect activity. Forcefully and secretly seizing control of websites that offer online poker games is not a sound public policy or a sound legal solution.
