A recent law suit in Kentucky has allured world-wide attention because it could create a very fraught with danger case – the application of local law to the domain name system and websites that are available globally.
The issue that started last September 2008, when a Kentucky trial court came into an order proclaiming to seize 141 domain names allegedly involved in gambling.
The Kentucky pleaded the courts to give it control of over 140 gambling-related domains in an attempt to obstruct Kentucky residents from accessing online gambling sites. There are a number of poker sites were named in the request.
The first judge in the matter agreed, saying the online gambling sites named had to block access to their properties by Kentucky residents within 30 days or forfeit ownership of the domains. A brief and successful appeal stayed the order, leading to the current hearing in from of the State Supreme Court.
The basis of the order was the allegation by the state of Kentucky that online gambling violates Kentucky’s state laws regulating gambling. A succeeding amendment to the order would discharge online gambling sites that installed a “geographic filter” restraining access by Kentucky residents.
Today, The Commonwealth of Kentucky has implored an Appeals Court for more time to respond in a highly disclosed case dealing with its flop attempt to seize 141 online gambling domains.
A Motion for Enlargement of Time is being petitioned in order to file for a Reply Brief. The ruling do away with an October 22, 2009 decision made by Franklin County Circuit Judge Thomas Wingate that the declared online gambling domains could be seized by the state because online gambling domains constituted illegal gambling devices that were constrained by Kentucky law.
At first Beshear and the state of Kentucky seized 141 online gambling domain names, as they claimed that the online gambling sites were operating illegally in the state. However, an appeals court made the ruling that the laws in the state of Kentucky against devices used for gambling did not apply to the Internet.
Among the sites targeted online casinos and poker sites by Kentucky were PokerStars, Full Tilt Poker, Absolute Poker, Bodog , Slotocash and several renowned sports betting sites. Leading the case against Bashear in court is the Interactive Media Entertainment & Gaming Association.
The Interactive Media Entertainment and Gaming Association filed a lawsuit in opposition to the state of Kentucky, as they have claimed that the domain name seizure was unconstitutional. Kentucky has appealed the case the ruling all the way up to the Supreme Court and they will hear a build up in this case near the end of October.
The issue that started last September 2008, when a Kentucky trial court came into an order proclaiming to seize 141 domain names allegedly involved in gambling.
The Kentucky pleaded the courts to give it control of over 140 gambling-related domains in an attempt to obstruct Kentucky residents from accessing online gambling sites. There are a number of poker sites were named in the request.
The first judge in the matter agreed, saying the online gambling sites named had to block access to their properties by Kentucky residents within 30 days or forfeit ownership of the domains. A brief and successful appeal stayed the order, leading to the current hearing in from of the State Supreme Court.
The basis of the order was the allegation by the state of Kentucky that online gambling violates Kentucky’s state laws regulating gambling. A succeeding amendment to the order would discharge online gambling sites that installed a “geographic filter” restraining access by Kentucky residents.
Today, The Commonwealth of Kentucky has implored an Appeals Court for more time to respond in a highly disclosed case dealing with its flop attempt to seize 141 online gambling domains.
A Motion for Enlargement of Time is being petitioned in order to file for a Reply Brief. The ruling do away with an October 22, 2009 decision made by Franklin County Circuit Judge Thomas Wingate that the declared online gambling domains could be seized by the state because online gambling domains constituted illegal gambling devices that were constrained by Kentucky law.
At first Beshear and the state of Kentucky seized 141 online gambling domain names, as they claimed that the online gambling sites were operating illegally in the state. However, an appeals court made the ruling that the laws in the state of Kentucky against devices used for gambling did not apply to the Internet.
Among the sites targeted online casinos and poker sites by Kentucky were PokerStars, Full Tilt Poker, Absolute Poker, Bodog , Slotocash and several renowned sports betting sites. Leading the case against Bashear in court is the Interactive Media Entertainment & Gaming Association.
The Interactive Media Entertainment and Gaming Association filed a lawsuit in opposition to the state of Kentucky, as they have claimed that the domain name seizure was unconstitutional. Kentucky has appealed the case the ruling all the way up to the Supreme Court and they will hear a build up in this case near the end of October.
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