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Kentucky Seizes Domain Names

By Mark H. Astarita, Esq.

Here is an idea that has not been well thought out. Kentucky, which prohibits online gambling, got a judge to issue a forfeiture order to internet registrars, seizing the domain names of gambling sites!Say what you will about online gambling, but how one State believes it has the jurisdiction, or the right for that matter, to seize an internet domain name is beyond all rational thought. Kentucky says that the domain names are illegal gambling devices under state law.That is doubtful, but there is simply no justification for the seizure of the device when the device is not located in the State.An appellate court reversed, but it is on appeal again. There are a host of legal issues, starting with the First Amendment, but imagine taking this to its illogical conclusion? Some states will ban youtube...continue to full post

Full post as published by SECLaw.com on February 04, 2009 (boomark / email).