Kentucky

From Gambling911.com is the following post by Greg Piper:

Gambling Domain Names 'Designed' to Be Accessed in Kentucky, Judge Rules

The Internet is "still not above the law," at least in Kentucky, Franklin County Judge Thomas Wingate ruled, denying several motions to dismiss the state's motion to seize 141 gambling Web site domains. The state has said it wants to force the domain owners to apply geographic blocking technology to keep out residents of the state (WID Oct 7 p2). The "doomsday argument" of those who told the court its ruling will "create havoc" fails, "until expressed guidelines from state and federal legislative bodies say otherwise," he said.



Wingate backed the state's view of domain names as property that can be seized under civil proceedings, and as unregulated "gambling devices" whose function makes them illegal in Kentucky. Domain owners, not just their lawyers, must show up in court for a Nov. 17 forfeiture hearing to demonstrate their sites can't be accessed in the state, under the order made available late Thursday.



Forfeiture of "gambling devices" isn't intended solely as a response to criminal conviction under Kentucky law, Wingate said, rejecting a narrow reading by defendants and friend of the court filers. "It would be absurd for our General Assembly to emphasize the pernicious nature of gambling ... yet restrict the remedial measures made available to its law enforcement agents," he said. Domain names clearly have value independent of their "technical function as Internet addresses," as evidenced by the U.S. Treasury's public auction of the seized DoctorTalk.com for $526,000, Wingate said. "By virtue of its scarcity and desirability," a domain name has value, and can be seized as property, he said.



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