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Technicality or Saving Grace?

The Kentucky government’s attempted seizure of more than 140 online casino gambling domain names has made international headlines yet again this month as the Kentucky Supreme Court in Frankford, Kentucky will soon make the call on the whole messy situation. Kentucky Governor Steve Beshear started the controversial issue more than a year ago now as he attempted to seize 140 domain names belonging to online casinos and internet gambling related companies because they were considered an illegal gambling device. A Kentucky state law that predates the Internet gambling industry, and even the internet, claims that the state government has the right to seize illegal gambling devices.

Though Beshear is fairly convinced that the online casino domain names count as an illegal gambling device that argument has come off as a tad weak by just about everyone outside of the Kentucky State government. In fact, it’s pretty accepted knowledge that the state government has a weak case against the online casinos and gambling sites facing seizure. The mere fact that the law was written before the internet existed is cause enough for dismissal of the case.

Most in the online casino gambling industry assume that the Kentucky Supreme Court will rule in favor of the internet gambling sites and stop the government from illegally seizing the domain names based on a technicality that only barely can be stretched to apply to the internet gambling industry. Although this old legislation is precisely why the state government attempted the seizure, it is likely this same law that will work in favor of the internet casino domain names by letting them off the hook as “gambling devices.”