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The Kentucky Case

The Governor of Kentucky, Steve Beshear, must be a pretty optimistic man to have so aggressively pursued the online casino gambling issue for the past more than eight months. Beshear attempted to seize more than 140 international online gambling domain names because they violate an archaic gaming law that was written before the internet was even a viable medium. The law concerns the state’s ability to confiscate illegal gambling devices…but there is a lot of controversy over Beshear’s lose interpretation of this law. Beshear and his administration contend that the domain names for the online casinos are the device by which Kentucky gamblers are able to illegally participate in offshore internet gambling…and that means that the state should have the right to confiscate said domain names.

Beyond that justification the lawyers for the state of Kentucky have really resorted to a bit of name calling that is unjustified and does not really help their case. A representative for the online casino gambling industry, Joe Brennan, in a slightly derisive commented noted that they fall back on the unsuccessful argument that “[iMEGA is] bad people, [and] don’t deserve to be here.” Brennan thinks that this argument will have the same effect on the Supreme Court that it did in the Appellate Court – it’s not a strong enough reason to make the courts uphold the online casino domain name seizure.

The briefings are due next week and then the SC will have a bit of time read through the briefings and come to a conclusion.