Last month, we wrote about a bizarre lawsuit in Kentucky, where a judge gave the government the ability to seize the domain names of numerous online gambling sites, even though none of them were based in Kentucky, or even registered via Kentucky-based registrars. The whole thing smelled of corruption, given that the governor is closely tied to offline casino interests, and his campaign apparently included a big promise to bring more offline casinos to Kentucky. This effort seems mostly focused on not just blocking out online competitors, but seizing their domain names. Lots of people are pushing back and explaining how ridiculous the scenario is to the judge, noting, for example, that following similar logic would allow any country to seize any domain name. For example, China could decide that the BBC website violates its laws and demand that the BBC domain name be turned over to the Chinese government. Most folks would recognize that this is ridiculous -- but it's effectively what the Kentucky governor has done.
comments:
10. oktobar 2008 19:53
I can't believe someone so stupid could make a decision of such magnitude. it's really very scary how corrupt these people are. Kentucky is just a state, not even a country and this has implications that effect everyone on the net. So scary and more importantly sad.
10. oktobar 2008 20:11
Trying to explain "stupid" to a southerner isn't the easiest of tasks.
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10. oktobar 2008 20:16
It is a little easier than explaining "gross generalization" and "arrogance" to some, however.
10. oktobar 2008 20:17
Corrupt or just plain ignorant? How about a law requiring that judges be knowledgeable in the field involved.
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10. oktobar 2008 20:21
Or "a joke" to someone else.
10. oktobar 2008 20:22
"Corrupt or just plain ignorant? How about a law requiring that judges be knowledgeable in the field involved."
If it is corruption, then all the knowledge in the world will not help.
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10. oktobar 2008 20:41
It is a tired old joke that southerners have grown weary of. Please let it die. I'm not from Georgia but my children are.
Another example...
10. oktobar 2008 21:02
Actually, I would of gone with Iran taking down SI.com for having the all the magazine covers available online...
Bad Logic
10. oktobar 2008 21:13
The original post mentioned that many of these sites were in fact parked domains. They weren't even used for illegal activity. I guess the names themselves are illegal. Why not seize childporn.com, or murder.com. They are both illegal as well, and not just in Kentucky or the United States. This is blatant corruption.
Take him down!
10. oktobar 2008 21:23
Sweet! Since this has global effect and if people are motivated...I think we could get the judge removed from the bench (or at least severely reprimanded). Okay, lets roll like they do over at consumerist.com and start off with someone posting the judge's work, home and cell#s (800's are a bonus). Next his home and work addresses (for the truckloads of mail). And top it off with email addresses those directly responsible for him keeping his job. How many net-activists are there in the world? The judge may soon find out!
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10. oktobar 2008 21:35
That wouldn't work... who's going to quiz them?? If the person who appointed them really wants them in there, then they'll pass any test thrown at them with flying colors...
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10. oktobar 2008 21:38
It'll die when it becomes less funny. Unfortunately, this is still funny because it's still true. The south is still unfortunately a breeding ground for intolerance and ignorance...
Cant do it !
10. oktobar 2008 21:45
This judge has overstepped his boundaries. He cannot legally seize domain names or have the right to allow others to seize them that are not "based in Kentucky, or even registered via Kentucky-based registrars".
I could see if the companies were based in Kentucky. (Even though this still smells of corruption.) At least then he would have a legal leg to stand on but out-of-state? This is laughable if it weren't for the far reaching implications if allowed.
This will result in
10. oktobar 2008 22:06
This will ultimately result in lawsuits against the Commonwealth of Kentucky, likely filed by both the owners of the seized domains, and the governments of the countries in which they're based. Only the citizens of Kentucky lose, as their elected official and his cronies piss their money down the drain, defending this obviously illegal seizure, and then paying to settle out of court.
Fine use of those tax dollars, governor.
No the whole story
10. oktobar 2008 23:30
Although it is only incrementally better, the litigation in essence says give these names to us or block them from people in our state. I know that is just as dumb, but there is some method to the madness.
Here in the Bluegrass state, we have horse racing, a fine way to waste a day and waste a lot of money. Indiana is just right across the river and it has two casinos, also a fine way to waste a day and waste even more money, because you can gamble 24/7 without having to wait 25 minutes in between races.
The news is chock full of the reports showing how so much of KY's leisure revenue is going to Indiana because they have casinos and we don't. Now, obviously we can't block access to Indiana, but in tough economic times, the governor has got to do something to show how sensitive he is to economics and crap. So, here's a pretty good sounding notion, sue the Internets. Throw in something about it being "for the children" and you've got a surefire winner.
Nevermind that the idea is batshitinsane, it will look good come next election.
Steve Beshear
10. oktobar 2008 23:34
The governor of Kentucky is a complete idiot. He gave an absurdly high tax break, 50 % of the investment, to an electric car company ZAP that said it would bring 4,000 jobs to Kentucky. The investment they are making was only $100 million dollars which is chump change and no way would it support 4,000 jobs. The cars are glorified golf carts. Experts have said they don't think the company will survive very long.
To show how stupid the people of Kentucky are the approval rating for this loser is 80 %.
KY Gov has legal backing
10. oktobar 2008 23:41
Interstate online gambling, with few exceptions, has been illegal since 2006 (ref. H.R. 4954, Subchapter IIV). The law specifically requires the blocking of financial transactions used for this purpose but is also vaguely written to allow other means of blocking. I think the KY governor took this to the extreme. It would seem that ordering ISPs which service KY to block the 141 sites should have sufficed. Since many of these Internet gambling sites are off-shore, it is a like China seizing the BBCs domain for violating it's laws. I'm sure there will be appeals to this judge's ruling and hopefully a more reasonable method of enforcing the federal law will prevail or that law will be ruled unconstitutional. It's ironic that KY is also the name of a lubricant used for .... well, you know what.
10. oktobar 2008 23:53
Explain to the governor that the judge's decision could allow the NAACP to take control of the KKK website and he'll probably change his tune very quickly...
The BBC Analogy
11. oktobar 2008 3:27
I
11. oktobar 2008 6:40
A point that should not be overlooked is that this case in Kentucky is what is known as an "in rem action". This is significant in that "in rem actions" are lawsuits filed against property versus individuals.
One issue that will eventually have to be addressed is whether or not domain names are "property".
