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All Your Internet Gambling Domain Belong To Kentucky.

MayorBob.

Posted to Business on Wed Sep 24, 2008 at 06:33:00 PM EST (promoted by DEMachina). RSS.

Kentucky Governor Steve Beshear believes the only place Kentuckians should be able to gamble are brick and mortar casinos.  The fact that the state doesn't have any of those yet isn't stopping Beshear from trying to put the kabosh on internet gambling.  His approach is a piece of pure Americana - take internet gambling sites to court to get a judge to order them to block Kentucky gamblers or lose their domain names.

Beshear had the state file a lawsuit in Franklin County court and last week Judge Thomas Wingate ordered 141 domain names transferred to the state.  The judge's order awaits a September 25th forfeiture hearing where it will finally be determined if the domains belong to Kentucky or not.  Kentucky law allows the seizure of devices used in illegal gambling. In this case, the devices are the domain names.  The targets of Beshear's "novel legal move" include some major sites like GoldenPalace.com and sportsbook.com.  If successful, the targeted sites will either comply with the block on Kentucky users or lose the domain names.  Kentucky's Justice and Public Safety Secretary J. Michael Brown admitted that one effect of the move would be to block access to the sites worldwide, but his interest is only in Kentucky.

Not everyone is predicting Beshear's gambit will be successful.  David Stewart, a lawyer and expert in gambling law, says this amounts to "stunt" and little else.  Jim Quinn of the Off Shore Gaming Association (OSGA), an online gambling monitoring agency, said the ploy might end up being a waste of time and money.  Quinn said that many of the sites might just set up new domain names and continue operating.  However, a gambling industry web site said that sort of maneuver would be harder for some sites than for others to do.  Beshear announced the reason for the crackdown was that online gambling threatens horseracing, preys on unsuspecting youths, can be used for money laundering, and lacks safeguards to ensure winners are paid their winnings.

This doesn't mean that Beshear is opposed to gambling per se however.  He introduced a measure into the legislature which would have licensed up to 12 casinos around the state.  That bill never came up for a vote this past term.  When asked if there was any hypocrisy in supporting one type of gambling while being opposed to the other, Beshear said he's going after online gambling because it's unlicensed by state or federal authorities.  Kicking up the ante a notch, Beshear said "this is a matter of national security."

Tags: written by MayorBob, edited by DEMachina, lawsuit, gambling, online gambling, casino gambling, domain name, Kentucky (all tags)

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jurisdiction

DEMachina.

Wed Sep 24, 2008 at 07:48:13 PM EST

5.00 (interesting, astute)

From a legal standpoint, this is an interesting jurisdictional question, and one that is going to be fought over a lot in the future.

In general, a state court can only get jurisdiction over people or things within its borders (long-arm statutes expand that power somewhat).  That said, you still need a certain minimum contact with the state, so the intertubes makes this more complicated.  Does just having a website accessible in a state mean you're in sufficient contact with that state for its courts to exercise jurisdiction?

Australia's high court said yes, while the 4th Circuit Court of Appeals in the United States said no (PDF).  While a 4th Circuit opinion has no value as precedent in Kentucky, it is something a court there might look at.

I personally think it won't fly, and the Kentucky law will only be enforceable if the website is based in Kentucky.  Usually the underlying reasoning for giving state courts jurisdiction over a defendant is that they availed themselves of the protection of either that state's courts or other resources in that state.  So I'm surprised that this was done in state court, as I can't figure out how a state court could get jurisdiction.  I don't know if there's anything like the 4th Circuit case in Kentucky, but applying it to these facts means no dice: the 4th requires website content be specifically directed to a state for it to have jurisdiction, i.e. just having your site be accessible isn't enough.

Physically seizing property requires something similar.  I'm not aware of any cases one way or the other on e-seizure, so this might be a completely new concept.  Still, if I were those websites' lawyer, jurisdiction is the very first thing I'd argue.

Q: What do you think of western civilization? Gandhi: I think it would be a good idea.

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Re: jurisdiction

thefadd.

Wed Sep 24, 2008 at 07:59:28 PM EST

none

It's not just a matter of legal jurisdiction. It's also a matter of physical leverage. (Which is both why they don't have legal jurisdiction and because they don't have legal jurisdiction.) There's simply nothing Kentucky could possibly do to compel any of these domain name owners or domain name registrars to comply with any of their "rulings." Verisign is in Virginia but the domain owners likely aren't idiots enough to have used them. GoDaddy is in Arizona but I'd bet good money on old man Parsons going to the Supreme Court and beyond before he complied with such nonsense. The vast majority of the rest aren't even in the US.

This ends up just being another demonstration of the complete idiot level the press has reached that this little meme is being passed around without even a cursory take on feasibility.

It is easy to buy small plaster models of what you think life is like.

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Re: jurisdiction

DEMachina.

Thu Sep 25, 2008 at 08:58:22 AM EST

5.00 (astute)

That's true, and it's also unfortunately a result of the lack of technological know-how among judges.

Q: What do you think of western civilization? Gandhi: I think it would be a good idea.

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Re: All Your Internet Gambling Domain Belong To Ke

MC Nally.

Sat Sep 27, 2008 at 02:55:31 AM EST

5.00 (brilliant)

I'd just love to see Beshear's reaction should Saudi religious police demand control over the Jack Daniels distillery's domain names.

In any case, messing with this is a bad idea.  The U.S. has already had its ass handed to it by Antigua in a WTO dispute over messing around with on-line gaming and it's likely we'd lose again if it comes down to it -- this sort of nonsense with the domain names doesn't seem likely to lead to a different outcome.

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Re: All Your Internet Gambling Domain Belong To Ke

LostBoyJim.

Thu Oct 02, 2008 at 11:53:22 AM EST

none

I think you mean Jim Beam.

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Re: All Your Internet Gambling Domain Belong To Ke

MC Nally.

Sat Oct 04, 2008 at 03:09:34 PM EST

none

I think you mean Jim Beam.
You're right..  Jack Daniels is Tenessee-based, now that you remind me, and we're talking about a Kentucky politician.  Principle's still the same, though..

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Re: All Your Internet Gambling Domain Belong To Ke

thefadd.

Wed Sep 24, 2008 at 07:52:16 PM EST

none

From the second link:

Franklin Circuit Judge Thomas Wingate ordered the names transferred to the state last week, Gov. Steve Beshear announced Monday. Sites affected include such names as caribbeangold.com and sportsbook.com. If officials get their way at a Sept. 25 forfeiture hearing, the state will control the domain names and can ask Web registrars to block access to the sites, said Justice and Public Safety Secretary J. Michael Brown.

I think ICANN will likely have something to say about that. I think what they will likely say is, "No." Internet gambling is not "unregulated" in America. It's illegal. That doesn't mean you can have some people's domain names. I'd imagine the WTO would eventually like to weigh in as well.

It is easy to buy small plaster models of what you think life is like.

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Re: All Your Internet Gambling Domain Belong To Ke

wetkarma.

Thu Sep 25, 2008 at 04:17:57 AM EST

5.00 (astute)


Internet gambling is not "unregulated" in America. It's illegal.

Nitpick/nuanced point here. But I though that internet gambling was legal HOWEVER banks/credit card companies were not allowed to process transactions related to internet gambling. (I'm essentially talking about the UIGEA bill here)

Any cites that the internet gambling is actually illegal?

Memory is a strange bell, jubilee and knell.

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Re: All Your Internet Gambling Domain Belong To Ke

thefadd.

Thu Sep 25, 2008 at 02:39:28 PM EST

none

Huh, I had no idea. I just always assumed it was illegal for various reasons but I guess that's incorrect. I'll have to amend my statement to say that it's not illegal persay but that the few legal restrictions that are in place make it so onerous as a task as to be so nearly illegal that saying it's "unregulated" is a total crock of crap.

It is easy to buy small plaster models of what you think life is like.

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Re: All Your Internet Gambling Domain Belong To Ke

gerrymander.

Wed Sep 24, 2008 at 09:38:42 PM EST

4.50 (astute, astute)

The .com domain infrastructure is entirely controlled by VeriSign, which is headquartered in California. There might be an argument that this qualifies as a "doing business as" legal identifier in the United States (I've done no research to confirm that), but it's highly unlikely a non-Californian state court's jurisdiction would extend there.

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