State of Kentucky Seizes Control of 141 Domain Names

ashmodai9 writes "In a rather interesting (read: insane) decision, a district judge in the State of Kentucky has awarded control of 141 online gambling domain names to the governor of the state. Most of these are hosted offshore, and very few are registered under US domain name registrars, let alone registrars in the State of Kentucky (are there any?). You can check out the press release here, and confirm that the Commonwealth of Kentucky does in fact now 'own' these domain names by performing a WHOIS search on any of the domains listed here."

Comments

Re:no. just imagine

[nick.ian.k]

does that look like a nice picture ?

That's entirely dependent upon whose brand of pig-headed nationalism you want to subscribe to and whose you want to take a giant shit on.

Re:Jurisdiction?

[dgatwood]

Well, there's a little thing called lex causae that kicks in here. We have laws of one state attempting to govern people who are not within that state and are not technically doing business in that state. This is effectively allowing the state of Kentucky to overrule the sovereignty of other countries. Such extraterritorial influence should only be allowable if the action they are prohibiting causes provable harm to victims within the state (e.g. fraud laws). These laws, however, prohibit harm to third parties (legal in-Kentucky gambling institutions).

Kentucky should have the right to punish its citizens for online gambling, but IMHO has no legitimate claim for punishing anyone outside of KY for taking the bets any more than they have the right to fine companies in California for shipping wine directly to KY residents (see Granholm v. Heald). In fact, that case is pretty much an exact mirror of the way this one would go down if it ever reached the Supreme Court except that in this case, Kentucky doesn't even have little bits of the 21st Amendment to help prop up their position.

This law about as clear a violation of the interstate commerce clause as you can possibly get, and it's only a matter of time before it gets overturned. That said, given that Kentucky has done this before with other industries and has been slapped down, I think this time the Kentucky government needs to be slapped down a LOT harder, much like a repeat offender gets a longer jail term....

Re:Jurisdiction?

[Verteiron]

Naturally, I cannot find the quote now, but I remember hearing yesterday (I want to say it was on the BBC world service) that the judge involved "was aware that the ruling could affect other countries' access to the gambling sites, but said he was only concerned with Kentucky.".

In other words, he knew perfectly well what he was doing was going to affect people outside KY and he did it anyway. Can't we do something do him for that?