Seizure of 141 privately held domains in Kentucky..?

dbarnum · 10-29-2008, 06:03 AM

Hi,

I've been trying to somewhat follow this info (details here: BoycottKentucky.com ) and just wondered if someone here could sum it up in non-legal jargon. We don't do gaming / porn topics, but it doesn't seem right to take private domains away because they compete with your state's industry. But as a speed-reader plus not being an attorney, maybe I'm not at a good site to get the other side of the picture.

Also, is this for people who live in the state and own the domains? Since domains have a global reach, I'm interested in this aspect. I mean a state cannot block domains from showing to its residents, correct?

Thanks for any help. Trying to get the whole picture of domain rights and blocking them in certain areas.

greenovni · 10-29-2008, 06:12 AM

kentucky domain seizure - Google Search

Lost of information there

The State of Kentucky claims that

" a domain name/website is subject to jurisdiction anywhere in the world from which it can be viewed. He said domain names are virtual “property” and that they are anywhere and everywhere."

Thus can be seized if they run afoul of Kentucky law.

Defense argued that the domains are not in Kentucky and that they are not property, that they are just letters and numbers that enable people to find websites, like the letters and numbers that make up the address of a house. Taking away the address doesn’t take away the house or the ability for someone to visit it to gamble.

In short. The Governor of Kentucky wants to seize domain names of websites he does not like because they are "anywhere and everywhere"

primuskannan · 10-29-2008, 06:31 AM

Apparently the judge has denied the motions of the domain owners and a further decision is expected on Nov 10th

Domain Name Journal - The Lowdown from DNJournal.com

But cant see how Kentucky's jurisdiction extends over the rest of the world and will see a shift in domain registrations to non us registrars.

If this prevails then all states and foreign governments will seek to seize domains for their own suppressive purposes and defeat the idea of a free internet.

Kulasekaran

bgmacaw · 10-29-2008, 11:45 AM

My non-lawyer take would be that such a demand would violate the Supremacy Clause (Article VI, Clause 2) and Commerce Clause (Article 1, Section 8, Clause 3) of the US Constitution.

Eric Engel · 10-29-2008, 11:49 AM

I think we're all just sitting back assuming that this won't stick. It would be bad for EVERYONE (not just domainers) if it did.

10-29-2008, 06:03 AM	#1
dbarnum Senior Warrior Member War Room Member Join Date: Dec 2002 Location: Ohio, USA. Posts: 5,696 Blog Entries: 46 Thanks: 185 Thanked 144 Times in 110 Posts Social Networking Contact Info	Seizure of 141 privately held domains in Kentucky..? Hi, I've been trying to somewhat follow this info (details here: BoycottKentucky.com ) and just wondered if someone here could sum it up in non-legal jargon. We don't do gaming / porn topics, but it doesn't seem right to take private domains away because they compete with your state's industry. But as a speed-reader plus not being an attorney, maybe I'm not at a good site to get the other side of the picture. Also, is this for people who live in the state and own the domains? Since domains have a global reach, I'm interested in this aspect. I mean a state cannot block domains from showing to its residents, correct? Thanks for any help. Trying to get the whole picture of domain rights and blocking them in certain areas.
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10-29-2008, 06:12 AM	#2
greenovni Senior Warrior Member Join Date: Nov 2007 Location: Florida Posts: 1,022 Blog Entries: 2 Thanks: 9 Thanked 95 Times in 42 Posts Social Networking	Re: Seizure of 141 privately held domains in Kentucky..? kentucky domain seizure - Google Search Lost of information there The State of Kentucky claims that " a domain name/website is subject to jurisdiction anywhere in the world from which it can be viewed. He said domain names are virtual “property” and that they are anywhere and everywhere." Thus can be seized if they run afoul of Kentucky law. Defense argued that the domains are not in Kentucky and that they are not property, that they are just letters and numbers that enable people to find websites, like the letters and numbers that make up the address of a house. Taking away the address doesn’t take away the house or the ability for someone to visit it to gamble. In short. The Governor of Kentucky wants to seize domain names of websites he does not like because they are "anywhere and everywhere"
	TWEETAH TWEETAH TWEEETAH! FOLLOW ME ON TWEETAH Last edited by greenovni; 10-29-2008 at 06:20 AM. Reason: More information

10-29-2008, 06:31 AM	#3
primuskannan HyperActive Warrior War Room Member Join Date: Jun 2007 Location: India Posts: 157 Thanks: 46 Thanked 11 Times in 10 Posts Social Networking	Re: Seizure of 141 privately held domains in Kentucky..? Apparently the judge has denied the motions of the domain owners and a further decision is expected on Nov 10th Domain Name Journal - The Lowdown from DNJournal.com But cant see how Kentucky's jurisdiction extends over the rest of the world and will see a shift in domain registrations to non us registrars. If this prevails then all states and foreign governments will seek to seize domains for their own suppressive purposes and defeat the idea of a free internet. Kulasekaran

10-29-2008, 11:45 AM	#4
bgmacaw Senior Warrior Member War Room Member Join Date: Aug 2008 Location: Atlanta GA Metro Area, USA. Posts: 3,643 Blog Entries: 5 Thanks: 311 Thanked 925 Times in 644 Posts Social Networking	Re: Seizure of 141 privately held domains in Kentucky..? My non-lawyer take would be that such a demand would violate the Supremacy Clause (Article VI, Clause 2) and Commerce Clause (Article 1, Section 8, Clause 3) of the US Constitution.
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10-29-2008, 11:49 AM	#5
Eric Engel HyperActive Warrior Join Date: Nov 2007 Location: Out Behind The Barn Posts: 171 Thanks: 14 Thanked 10 Times in 8 Posts Social Networking	Re: Seizure of 141 privately held domains in Kentucky..? I think we're all just sitting back assuming that this won't stick. It would be bad for EVERYONE (not just domainers) if it did.
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