KY Court Re-Tries Domain Seizure

By David Hamilton, theWHIR.com

October 17, 2008 — (WEB HOST INDUSTRY REVIEW) — A judge has refused to dismiss charges in the latest chapter of a controversial Kentucky lawsuit supported by Governor Steve Beshear that aims to block access to 141 online casino domains.

According to an Associated Press report, Judge Thomas Wingate will hear arguments pro and con before November 17, when he will decide whether to give the state control of the gambling domain names.

If successful, Kentucky will set a precedent that could let the government tell registrars to effectively shutdown online gambling websites, which are illegal in the US. Most online gambling websites, however, are hosted overseas, where US courts normally have no jurisdiction. There are also fears that letting the state shut down gambling websites will give the state the right to shutdown other websites.

The Internet Commerce Association has already denounced the Kentucky courtroom in a public statement. “The Internet Commerce Association is extremely disappointed in the decision issued by the Court this afternoon,” wrote ICA president Jeremiah Johnston. This is a dangerous decision not just for domain name investors and developers but for all who value commerce and free speech on the Internet.”

The Poker Players Alliance is also officially opposed to shutting down gambling websites, suggesting instead tighter regulation, taxation methods and more consumer protection on Internet gambling. They do, however, support government involvement, endorsing the US House of Representatives Financial Services Chairman Barney Frank’s HR 2460 legislation that would specifically achieve their regulatory goals.

While the lawsuit has garnered strong opposition from the online community, Gov. Beshear stands by Judge Wingate, saying online gambling “leeches on our communities,” however, he maintains that state-condoned gambling at casinos and horse races should remain legal.

theWHIR.com

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