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Sense for the Kentucky Situation?

The online casino gambling industry is waiting on pins and needles this week in anticipation of tomorrow’s appeals hearing in the Kentucky online casino domain name issue. This case has sparked international criticism largely because of the fact that the first judge approved the domain name confiscation in the first place despite calls from the international internet gambling industry about jurisdictions and outcries from advocates of Net Neutrality agreements. At the public outcry, and because of strong action taken by the Interactive Media Entertainment and Gaming Association (iMEGA) in regards to an appeal, three Judges for the Kentucky Court of Appeals are reviewing the previous judge’s decision.

There are few in the case who really believed that the first judge in the case, Judge Wingate, would actually side with the State government and approve the seizure of 141 domain names belonging to online casinos, information portals, and similar sites. Allowing the confiscation of internationally registered domain names and allowing such policing of the Internet could have some very serious global consequences should individual countries take it upon themselves to seize specific foreign domain names – it would hamper an entire foundational element of the World Wide Web.

The three judges in the case have reviewed all of the previous information provided for the case, as well as additional amicus briefings and statements from a handful of companies pertinent to the case. There is no telling how this appeal process will turn out at this point, but if the appeals court does uphold the previous ruling there are some online casino gambling sites that will be in a world of trouble if the Kentucky government chooses to fine those sites that operated in the Kentucky gaming market.