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Online Trade Group Files Against Kentucky Online Casino confiscations

April 18, 2009


The case involving Kentucky's attempt to confiscate the domain names of 141 of the best online casinos is due to progress to the state Supreme Court in June. In readiness, the Online trade Organization filed an amicus brief imploring that the verdict by the Court of Appeals holding that Online casino domain names do not represent gambling implements be defended.

Furthermore, signing as friends of the court, and saying the opinion that the state has no business imposing online gaming sites to surrender their domain names, were the Center for Democracy and Technology, the Electronic Frontier Foundation, and the American Civil Liberties Union.

According to its internet site, the ICA is a trade organization speaking for domain name investors and developers. Its purpose is to school users and legislators about the significance and advantages of the domain name commerce.

The group expressed its opposition to the Kentucky action considering that "it would have established an extremely dangerous precedent by which any government entity could claim jurisdiction over a domain name simply because its website could be viewed from within its borders, and then attempt to seize the domain name without advance notice or due process."

The amicus brief also quotes causes to avert the confiscations even if Kentucky law was revised to expressly name domain names as gambling implements. Amid these are possible violations of the 1st Amendment, the trade Clause, the Federal Communications Decency Act, and jurisdictional limitations.

ICA president Jeremiah Johnston expressed," (Upholding the forfeitures) would be a body blow to free speech and a huge threat to the value of domain names. The ICA will continue to speak out and act in cases where the fundamental rights of domain name registrants are violated.”

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