ica-amicus-brief (Adobe Reader Required)

The brief attacks the governor action on several grounds.

First the Kentucky law which was cited by the state in taking the action relates to “Mechanical Gambling Devices” which domains simply are not under the state law’s definition.

Second the brief attacks the ruling for referring to domain names as property.  The brief points out that Domain names have generally been ruled to be “contractual rights” rather than property.

Third the brief challenges Kentucky’s jurisdiction to seize “property” in the form of domain names, since none of the seized domains were owned by a registrant in Kentucky, nor were any of the registrars of the domains located in Kentucky.

The brief then objects to the auction on the basis that the federal government has “established and orderly transfer of a domain name” citing ICANN, UDRP’s and the Anti-cybersqatting Consumer Protection Act (ACPA), all which basically supersede state action.

The brief was submitted by Merrill S. Schell and David A. Calhoun of the Louisville firm of Wyatt, Tarrant & Combs with Phil Corwin listed as “Of Counsel”

This decision will impact ALL DOMAINERS.

If the decision is someone allowed to stand than any city or state can seize domains based on existing laws or new laws that would be passed to allow seizure.

Once again its time to support the ICA.

This has been an expensive proposition for the ICA and they desperately need your financial support.

Please go to the the ICA site and make a donation.

The ICA now accepts paypal as well so you can make an instant contribution to pay your share of their work.…