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TheDomains.com

Kentucky Seizes 141 Gambling Domains

September 22, 2008 by Michael Berkens

The commonwealth  of Kentucky issued a seizure order on September 18, ordering  141 domains be taken from their registrants.

order-of-seizure-of-domain-names (adobe Reader Required)

“”The Domain names shall be immediately transferred by their respective registrars to an account of the Commonwealth of Kentucky “”.

The seizure was taken after the Commonwealth found that the “domains were being used in connection with illegal gambling activity”.

However some of these domains are simply parked domains not sites taking bets.

The domains seized include: (the full list is on the adobe file)

fulltiltpoker.com

indiancasino.com

bet21.com

allslots.com

bodoglife.com

bookmaker.com

SportsBook.com

SportsBetting.com

superslots.com

pokerstars.com

doylesroom.com

GoldenPalace.com

As far as I can tell, no notice of this action was given to any of the registrants, nor was any hearing held giving the registrants an opportunity to appear

The order does talk about the court holding a hearing sometime in September to for registrants who want to claim there domain  “qualifies for return”

Obviously a very scary tactic taken by one state.

Another reason you might want to consider moving your domains to a registrar outside of the US, as this order is to the registrars of the domains, not the central registry.

Whether this move can stand legal challenge is highly questionable.

The order did state that the “domain configurations shall remain unchanged”, so the domains should continue to resolve to the registrant’s sites.  This may be an attempt to greatly limit the commonwealth damages in the event this “order” is overturned.

What is another state decided tommorow to seize adult domains, because they contained illegal obsence material?

This will not cause the registrants to hire legal representation, go to Kentucky and try to get their property back.

Filed Under: Uncategorized

About Michael Berkens

Michael Berkens, Esq. is the founder and Editor-in-Chief of TheDomains.com. Michael is also the co-founder of Worldwide Media Inc. which sold around 70K domain to Godaddy.com in December 2015 and now owns around 8K domain names . Michael was also one of the 5 Judges selected for the the Verisign 30th Anniversary .Com contest.

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Comments

  1. John Bomhardt says

    September 22, 2008 at 3:04 pm

    That is a reason why I’ve never bought or financed any city or state geo domain names (except “i” names and geo verticals). That was the scenario I’m fearing… I know these are gambling names, but it gives us a taste of the possibilities.

    I may or may not in the future buy them. Depends on my nerves and current situation.

    John
    http://unplain.com

  2. Rick Schwartz says

    September 22, 2008 at 3:20 pm

    I own IndianCasino.com for a long time. I got word late last week and initially thought it was a joke. I was given no notice of any investigation or any indication of a problem. I still have the domain name and the last time I looked there is this thing called DUE PROCESS. So we have to see where this goes but it is scary if ANY GOVERNMENT in any jurisdiction in the world could just seize your domains.

    My gut reaction is that the state is overreaching and in time they will withdraw their complaint. There is a program in process for disputes and just because they are a state does not allow them to ignore that process.

  3. MHB says

    September 22, 2008 at 3:35 pm

    Rick

    VERY SCARY

    My thought is that this will not stand but now you have to hire an attorney and fight to get your property back. Your attorney is going to have to go to Kentucky. So its not going to be cheap.

    If somehow this is allowed to stand, then whose not to say Kentucky or Utah can’t wake up one day and take adult domains saying there obscene

    It just doesn’t make sense to keep your domains in a US registrar, especially in sensitive areas like gambling and adult.

  4. JS says

    September 22, 2008 at 3:48 pm

    MHB,

    Any suggestions on an outside the U.S. registrar? Do you just use Moniker?

  5. MHB says

    September 22, 2008 at 3:58 pm

    JS

    We have an announcement coming on this in a few days, something we have been working on for a while, and now looks like great timing.

    Stay Tuned

    PS Moniker already received this order for domains on this list that are registered with them.

  6. scott eric norman says

    September 22, 2008 at 4:15 pm

    JS:

    Perhaps give these folks a shot.

    Domainmonster.com, the privately owned Domain Name registration service, operated by marketing technology firm Mesh Digital Ltd, located in the UK.

  7. JS says

    September 22, 2008 at 4:54 pm

    I look forward to your announcement.

    Thanks Scott. I will take a look at Domainmonster.com.

  8. Too Many Secrets says

    September 22, 2008 at 5:06 pm

    Mike,

    This is another example of why you should consider using offshore hosting.

    Don’t take my word for it, do your research and look at your options. There are many reliable hosting facilities outside the USA (Caribbean, Europe, Asia) with strong privacy laws and they don’t back down to US pressures.

    Unless you are a drug dealer or money launderer, you can sleep well at night by using hosting outside the USA and knowing your privacy, web data and email is protected from frivolous lawsuits or weak arguments to hand over data from the US government.

    – Richard.

  9. David J Castello says

    September 22, 2008 at 5:11 pm

    John:
    What does the (attempted) seizure of these gambling sites have to do with city or state Geodomains?

  10. Trendicator says

    September 22, 2008 at 5:21 pm

    unbelieveable…is this for real? i saw some tv ads about fulltiltpoker.com just a couple of weeks ago. surely they’re not doing anything illegal….

  11. Zoot says

    September 22, 2008 at 5:53 pm

    This is pretty scary but I highly doubt that sites like GoldenPalace.com, Pokerstars.com and some of the other mega domains are going to just lay down. Maybe something good will
    come of this and the government will be made to look like the corrupt and unthinking entity it has become in these areas. Could very well prompt the gambling lobby and mega casino operators to step up as well. Or maybe we who hold gambling portfolios are just screwed. I sure hope that isn’t
    the case.

  12. David says

    September 22, 2008 at 7:00 pm

    Again, I find myself asking, where the hell am I? Am I in
    The United States of France?
    The United States of China?
    The United Soviet Union?

    Can someone please tell me that this is just a bad dream?

  13. John Bomhardt says

    September 22, 2008 at 7:54 pm

    David:

    Everything.

    It’s like a snow avalanche – a few dustings of powders start cascading and eventually becoming one big slide.

    It’s my personal thoughts that if a state can seize gambling names “just like that” whats to say a state or city wouldn’t attempt (again) in the future to seize a geocity name which would be much more “near and dear” to them?

    I’m by no means saying geocity names are bad investments. No way! I would love to put more money towards them. But since shocking things are happening in our current state of economic affairs. What the government does , does not surprise me anymore.

    So basically I was referencing gambling name seizures as an ominous sign of bigger and worst seizures to come. I really hope not. I want to see our domain space grow and thrive and for our geo names to become all that they can be without the complications of government greed stunting geo domain sales in the future!

    John
    http://unplain.com

  14. Adam says

    September 22, 2008 at 8:25 pm

    It’s Kentucky guys. . . . enough said. They probably just figured out how to turn their ‘puters on to the internets. 🙂

  15. Gordon says

    September 22, 2008 at 9:26 pm

    If a government entity can order the seizure of the domains despite the fact that NONE of the registrants live in Kentucky and most are overseas then a government entity could order the seizure of any domain on any subject they didn’t like.

    Gay
    Pornography
    Abortion
    Etc Etc Etc

    That’s what scary.

  16. Adam says

    September 22, 2008 at 9:49 pm

    carpe domain.

  17. Scott Roberts says

    September 22, 2008 at 9:55 pm

    What are the responsibilities of the registrars in this type of situation? Can they tell Kentucky to get lost? What if this were a village instead of a state/commonwealth? Can Podunk, MS claim TheOnion.com violates a town decency ordinance and claim the domain?

  18. MHB says

    September 22, 2008 at 11:17 pm

    Scott

    Registrars are kind of escrow holders in this situation, so its not really in their interest to tell a court to go screw. They have all liability and no benefit.

    My understanding at TRAFFIC is that some registrars have handed the domains over to the Commonwealth of Kentucky already while some like Moniker.com have taken the domains out of the registrants account but kept them in their “escrow” account until hearings can be held.

  19. David J Castello says

    September 23, 2008 at 1:15 am

    This is such a dopey and self-serving ruling that any registrar who hands names over to KY without a fight should get out of the business.

  20. Cartoonz says

    September 23, 2008 at 1:37 am

    Why people are thinking that only US based Registrars are being hit with this might want to take a closer look at the list of names. The order specifically states that each and every Registrar of the 141 domains listed was served by both electronic and overnight courrier delivery.

    Last I checked, Tucows, MelbourneIT, and Gandi were not in the USA… and that is just a small sample.

    This is just too much. I wonder if we’ll hear “it was a mistaken filing” in a few days like the 250M suit against Marchex…

  21. Raja says

    September 23, 2008 at 1:42 am

    Any one has got a list of reliable registrars based out of the US?

  22. gambling says

    September 23, 2008 at 2:18 am

    This is pretty scary. What are the responsibilities of the registrars in this type of situation?
    I look forward to your announcement.

    Thanks Scott.

  23. Jon Hall says

    September 23, 2008 at 3:58 am

    Poker shows usually use the .NET version. The names below are advertised on NBC’s ‘Poker After Dark’ but with the .NET extension. They likely do have TM issues.

    fulltiltpoker.com
    doylesroom.com

    Other than that, this is probably a very misdirected ‘morals police’ action brought to help fire up the religious right just before elections Sarah Palin tried to fire the librarian in Wasilla when she became Mayor and the librarian wouldn’t cooperate with the removal of books that Mrs. Palin felt were sacreligious.

    I would imagine that this will be solved after elections after a lot of money is spent on lawyers.

  24. FX says

    September 23, 2008 at 4:35 am

    On a flip side whats stopping Nevada from legalizing online gambling ?

  25. Too Many Secrets says

    September 23, 2008 at 5:08 am

    Everyone stop getting your boxers in a tizzle.

    As long as the domains are using a registrar outside the USA, no one is handing over any domains to anyone.

    non-USA registrars means non-compliance with USA courts.

    non-USA hosting companies means non-compliance with USA courts, lawsuits etc.

    Get it? 😉

  26. Jamie says

    September 23, 2008 at 5:16 am

    MBH~”We have an announcement coming on this in a few days, something we have been working on for a while, and now looks like great timing.”

    I think I stumbeled onto this yesterday 🙂 Hello Canada!

  27. Ted Baker says

    September 23, 2008 at 5:59 am

    I can fully understand some of you guys wanting to change registrars in view of what’s happened, but don’t, don’t whatever you do, even think of approaching 1an1.co.uk who are based here in the UK. They will rob you blind and continue to plunder your bank account long after you have stopped dealing with them. It happened to me recently, I got my money back after a lot of hassle and now they are attempting to do it again. Bad,Bad people who will not speak to their customers, check ’em out on Google and see for yourself some of the complaints against them. If you want a first class service with any problem dealt with straightaway, sign up with Fabulous.com who are in Australia. I’ve been with them years and thoroughly recommend them. Great people.

  28. John Doe says

    September 23, 2008 at 6:11 am

    Bah, nothing will happen. You are better off just ignoring it.

  29. Too Many Secrets says

    September 23, 2008 at 6:19 am

    @Ted,

    Does Fabulous have an office/physical presence in the USA? I see that they are hosting in the USA.

    If they do, then they are not considered to be outside the USA. i.e. any coook with a court order will claim jurisdiction over their USA office, even it is it just a sales office.

  30. MHB says

    September 23, 2008 at 8:05 am

    On the issue of non-us based and US based TOO MANY is correct in this case a non-us company does not have to listen to a US court, just like a US company is not going to turn over a domain if a court in Angola orders it.

    Now who is US based and not is a substantial question and having offices and in the US certainly may make the company subject to US law even if its main headquarters are outside the US.

    SO the question seems to me is what is the downside of using non-us based companies.

    Assuming you can find an honest hosting company which is non-us based and a honest registrar that is a non-us based company, why not? What is the downside. I see none. I only see an upside. I mean has any other country threatened a Snowe bill, or had a court pass such an order like the court in Kentucky did yesterday?

    Not to my knowledge.

    You will see in the next week all of our domains move to a non-us based registrar.

    Promise

  31. John says

    September 23, 2008 at 8:30 am

    DomainMonster.com has offices in the United States

  32. Clyde says

    September 23, 2008 at 9:02 am

    I feel like most of you,that this will and should be reversed.BUT,I would be VERY carefull as to making ANY BAD remarks against or towards the COMMON WEALTH of Kentucky.The 1 guy who DID,well,trust me that was STUPID remark he made.

  33. David says

    September 23, 2008 at 9:09 am

    Clyde, I agree. Calling a crazy idiot a “crazy idiot” is not a good idea.

  34. David says

    September 23, 2008 at 9:10 am

    Even if that crazy idiot happens to be the state of kentucky, in case anyone was confused.

  35. David says

    September 23, 2008 at 9:10 am

    commonwealth, whatever.

  36. DN says

    September 23, 2008 at 9:48 am

    hmm… scary…
    I lost 4 domains at 1and1.com account (domain service) couple years ago because I registered adult domains and host it on server outside the US. But they still seized my account and I couldn’t get my account and domains back.

    Stay away from 1and1

  37. John says

    September 23, 2008 at 10:01 am

    Someone please advise… offshore registrar without offices in the US that is trustworthy, competent, and offers competitive rates.

  38. Jeremy says

    September 23, 2008 at 10:15 am

    What rationale does Kentucky give in claiming jurisdiction to seize these names? Because they can be accessed in KY?

  39. Mickie Kennedy says

    September 23, 2008 at 10:19 am

    How about eminent domain? I suspect it will only be a matter of time before the Supreme Court-backed powers of local and state government could force domainers to give up geo domains. Domain as “private property” is already established. “Just compensation” will be high for those sites that are developed but what about the undeveloped geo domains?

  40. Hal says

    September 23, 2008 at 10:41 am

    This has nothing to do with GEO domains. Trademarks protect TRADE. There is no inherent trade in a geographical place. There are already numerous UDRP and court decisions that support the right of anyone to own a geographical name.

    The issue here is domains being used for illegal purposes.

  41. Hugh says

    September 23, 2008 at 11:20 am

    KENTUCKY GOVERNOR HAS A NEW ANTI-ONLINE GAMBLING STRATEGY

    Domain names now the target

    Reports from the Kentucky Post and Associated Press are appearing widely concerning a new anti-online gambling strategy currently being deployed by Kentucky governor Steve Beshear and his officials. Whilst Beshear is vehemently anti-Internet gambling, his state is among the most famous for horse racing, currently protected from Internet gambling bans by a notorious legislative carve-out in US federal laws.

    Last week Kentucky’s Justice and Public Safety Cabinet filed litigation seeking to force some 141 sites to block access to Kentucky users, or relinquish control of their domains. Judge Thomas Wingate of the Franklin County Circuit ordered the transfer of the domain names of the 141 ‘illegal’ Internet gambling sites to the Commonwealth of Kentucky in response to the suit.

    Kentucky is the first state to bring an action against Internet gambling operators that has resulted in the seizure of domain names, and the action is a potent reminder to operators and providers alike to carefully consider where their domains are registered, and how vulnerable to this sort of activity they might become.

    The Kentucky Justice Cabinet has now asked the court to order Internet registrars to transfer control of the domain names to the Commonwealth, pending a hearing on whether forfeiture is required.

    “Unlicensed, unregulated, illegal Internet gambling poses a tremendous threat to the citizens of the Commonwealth because of its ease, availability and anonymity,” Governor Beshear told the Kentucky Post. “The owners and operators of these illegal sites prey on Kentucky citizens, including our youth, and deprive the Commonwealth of millions of dollars in revenue. It’s an underworld wrought with scams and schemes.”

    By seizing the domain names, Kentucky can require that the illegal casino operators use readily available technology to block their domains from being accessed in the Commonwealth.

    Beshear said Kentucky loses tens of million of dollars a year to online gambling, which he claimed was illegal in all 50 states. And, he said, the illegal activity has repercussions far exceeding its monetary losses to the Commonwealth. He said that unlicensed Internet gambling significantly undermines and threatens horseracing, Kentucky’s signature industry and a key tourism industry, by creating unregulated and untaxed competition.

    He added that there were also dangers to the underaged, and that Internet gambling had too few consumer protections and could be used in money laundering.

    Beshear pointed out that state law in Kentucky law has long reflected a strong public policy prohibiting unlicensed, illegal, and unregulated gambling operations, and that the Commonwealth is uniquely suited to bring action against illegal Internet gambling operators.

    Sections of KRS Chapter 528 specifically mandate the forfeiture of any gambling devices, such as domain names and websites for Internet gambling, and make it illegal to conduct, promote, advertise, own, profit from or conspire to profit from an illegal gambling operation.

  42. BullS says

    September 23, 2008 at 11:24 am

    No More Kentucky vacation for me anymore.

  43. J.F. Houpert says

    September 23, 2008 at 11:36 am

    Look the Kentucky legislature has taken a page out of the Chinese governments book, if you don’t like it censure it.

  44. Jeremy says

    September 23, 2008 at 11:38 am

    “Last week Kentucky’s Justice and Public Safety Cabinet filed litigation seeking to force some 141 sites to block access to Kentucky users, or relinquish control of their domains.”

    Ok, were they given a chance to do this?

    “By seizing the domain names, Kentucky can require that the illegal casino operators use readily available technology to block their domains from being accessed in the Commonwealth.”

    By seizing them, aren’t they actually *preventing* them from doing this?

    @BullS: You’ve vacationed in KY before?

  45. jody says

    September 23, 2008 at 11:49 am

    Are there any tax advantages for Americans having their domains at a registrar outside the US?

  46. BullS says

    September 23, 2008 at 12:12 pm

    @BullS: You’ve vacationed in KY before?

    Me and my friends…our annual visit to the Derby

  47. Jason says

    September 23, 2008 at 12:14 pm

    Whew! Almost thought one my domains was on the list. I slipped by this time, what about next.

    And no, I don’t run a gambling site. However, several domains due have keywords and are .com. Hope this has resolution soon. Anyone familiar with precedent:(

  48. David says

    September 23, 2008 at 12:53 pm

    ” He [Governor Beshear] said that unlicensed Internet gambling significantly undermines and threatens horseracing, Kentucky’s signature industry and a key tourism industry, by creating unregulated and untaxed competition.”

    Competition! God forbid that competition should take place in America! This guy cannot be taken seriously. Governor Beshear must be a first-class idiot or a tyrant. THANK GOD I DON’T LIVE IN KENTUCKY.

  49. David says

    September 23, 2008 at 12:55 pm

    Do Kenutckians have ANY idea how this reflects on them? I mean, the midwest already has reputation of being simple-minded and backward. They don’t need Kentuckians adding fuel to the book-burning bonfire!

  50. John says

    September 23, 2008 at 12:57 pm

    Someone please advise… offshore registrar without offices in the US that is trustworthy, competent, and offers competitive rates.

    I am waiting to hear back from Fabulous in Australia. I asked them point blank about safe harbor status.

  51. david u says

    September 23, 2008 at 1:30 pm

    This is totally 1930’s Fascism.
    Next it will be website domains about any subject that is on the latest knee-jerk reaction list.
    Has the KY state Gov, actually read the US constitution, especially the bill of rights.

    Also regarding FABULOUS, maybe not a good choice as Godaddy is a Major shareholder.

  52. John says

    September 23, 2008 at 2:15 pm

    Moniker.com is now owned by Oversee.net with offices in CA, OR, and FL.

    Still looking, can anyone help? Who do you use for non-U.S. domain registration?

  53. Briansol says

    September 23, 2008 at 2:21 pm

    wtf? kentucky? of all states, you’d think it’s be cali or some other uber-liberal place…. not Appalachian-America.

    kentucky has NO bearing over me or the internet. i am not in kentucky, nor is my server or domains hosted there. what right would they have to take my .com ‘s?

    The answer is, they don’t. And anyone not fighting this with Johhny Cochrane-style lawyers should pay attention.

  54. John says

    September 23, 2008 at 2:58 pm

    I am concerned over this. We U.S. citizens have the illusion of choice and the illusion of freedom, and this seizure is a lesson in hard reality. We have become used to the unacceptable by degree.

    The government does what is in the interest of the government without heed to the will of the people nor due process. Seizure is a huge source of governmental revenue.

    Our present form of government is correctly termed ‘monocracy’ (political authority in the hands of those with money). This is just government doing what government does based upon the goverment actually is.

    The state will not loose, it has nothing whatsoever to do with right and wrong, legal and illegal.

    And if this is occuring in KY, it is under way in other states.

    Also, this can “make” someone’s career in law enforcement, legislature, etc. Other bodies are sure to follow.

    There are just too many $$$ plusses to these seizures for them to not escalate, be reversed, or not expand.

    My point is to move domains now, as in immediately. Get them out of reach.

    BTW, GoDaddy partnered with Fabulous on monetization, they are not stockholers. Still waiting to hear back from them.

  55. david u says

    September 23, 2008 at 3:12 pm

    The Godaddy Deal with Dark Blue Sea Limited
    also involved Godaddy being given options for nearly 7% of the Company.

  56. John says

    September 23, 2008 at 3:44 pm

    David,
    Can you provide a link?

  57. FX says

    September 23, 2008 at 3:57 pm

    eurodns.com and fabulous.com are the 2 known and trustworthy non US registrars.

  58. Dave Zan says

    September 23, 2008 at 4:20 pm

    The court order indicated it was in rem:

    http://en.wikipedia.org/wiki/In_rem

    No wonder Rick never got any notice about it. The registrars doesn’t really have to notify him of such unless their agreements says so.

    But doesn’t Rick have his own registrar? Or surely he can afford to have an offshore one like Frank?

  59. david u says

    September 23, 2008 at 4:24 pm

    http://www.darkbluesea.com/announcements/295_GoDaddy_ASX_Announcement_7_March_(2).pdf

  60. MHB says

    September 23, 2008 at 4:26 pm

    FX

    Fabulous told me personally, that they will comply with the order.

    Being an Australian company they most comply with orders issued by a competent court which a US court is.

  61. John says

    September 23, 2008 at 4:37 pm

    Thank you, David, GoDaddy and Fabulous are in fact partnered.

  62. Peter Stevenson (Operations Mgr. Fabulous.com) says

    September 23, 2008 at 6:43 pm

    Hi MHB,

    Not sure who you have been speaking with but that is not the case.

    Who have you been speaking with?

    Thanks

    Peter

  63. Jason says

    September 23, 2008 at 6:56 pm

    This is turning into a hot topic! Now MHB has to respond with an answer, don’t you think?

  64. david says

    September 23, 2008 at 6:59 pm

    Kentuckians! If you are reading, maybe you should pick up a copy of “The Law” and think about the ramifications of your actions. Here’s a link, go for it! You need it!

    http://www.constitution.org/law/bastiat.htm

  65. Jason says

    September 23, 2008 at 6:59 pm

    Peter, thanks for being on top of this.

  66. BullS says

    September 23, 2008 at 9:11 pm

    Well, just like China and TIbet, they want to control the internet but in USA, they steal our domains.

  67. Daniel Sanchez says

    September 23, 2008 at 9:31 pm

    Kentucky has internet access? lol
    and should I be worried if I own Kentucky.tk?
    Sorry to hear about Rick’s precious domain. I would be out of my mind calling lawyers.

  68. Mick McGee says

    September 23, 2008 at 11:46 pm

    I’m in Australia and use GoDaddy. Whats GoDaddy’s stand on this?

  69. MHB says

    September 23, 2008 at 11:51 pm

    Mick

    Godaddy is a US company and must comply

  70. MHB says

    September 23, 2008 at 11:54 pm

    Peter

    I had lunch with Michael Robertson today in New York

    He told me fabulos would comply, actually had to comply, with a court order issued by an American court.

    A registrant would have to file a action in preferably a Australian court for them to hold on the domain

  71. Peter Stevenson (Operations Mgr. Fabulous.com) says

    September 23, 2008 at 11:55 pm

    Just to clarify our process as relates to competent jurisdiction:

    The important 2 things to look at here are:
    – The Registrar
    – The Registrant (being the whois information)

    The basic process for us is as follows:
    – Registrar jurisdiction (in our case being Brisbane, Queensland Australia)
    – Registrants jurisdiction (as per the whois information)

    Examples
    – If the court order was from the Registrars jurisdiction (eg: a court in Queensland) then we would need to abide by that court order

    – If the court order was from a court of the Registrants jurisdiction (eg: Registrant from the State of Kentucky and the court order from the state of Kentucky) then it is highly likely we would need to comply.

    – If the court order was from a court other than the Registrants jurisdiction (eg: Registrant from the State of Kentucky and the court order from the state of California or another country) then we would seek our Registrants (our customers) instructions on how they wanted to proceed. We would then proceed in terms of those instructions.

    Should any one have any questions please do not hesitate to email me directly.

    Thanks
    Peter

  72. MHB says

    September 23, 2008 at 11:55 pm

    John

    Godaddy and Fabulous partnership is a marketing one and would not effect this matter

  73. Peter Stevenson (Operations Mgr. Fabulous.com) says

    September 23, 2008 at 11:58 pm

    Hi Michael,

    I just made a post 1 minute after you and did not see your post.

    I think there has been some mis-communication on this and I hope that my previous post clarifies our process for all concerned.

    If not please let me know.

    Thanks

    Peter

  74. MHB says

    September 24, 2008 at 12:15 am

    Peter

    I understand exactly what you are saying but it is not what Michael told me when we discussed this exact issue in detail. During our discussion, i asked many questions and did not mis-understand what he said.

    He told me very clearly in this situation, with the facts known to all, he would have to follow the order of the Kentucky court.

    If Fabulous position is different than that related to me by Michael today I am glad to hear it.

    To clarify you are saying fabulous has not complied with the court order; The domains remain in the registrants accounts and will continue to remain int he registrants accounts and not be transferred to Kentucky or a disputed account maintained by Fab, correct

  75. Peter Stevenson (Operations Mgr. Fabulous.com) says

    September 24, 2008 at 12:23 am

    Hi Michael,

    In this instance our customer is not in the jurisdiction of Kentucky.

    We have asked our customer for their instructions on how they wish to proceed in this matter. We will then proceed in terms of those instructions.

    How we proceed is up to our customer.

    Please let me know if this satisfies your question.

    Thanks

    Peter

  76. Dave Zan says

    September 24, 2008 at 1:29 am

    Just to clarify our process as relates to competent jurisdiction:

    The important 2 things to look at here are:
    – The Registrar
    – The Registrant (being the whois information)

    The basic process for us is as follows:
    – Registrar jurisdiction (in our case being Brisbane, Queensland Australia)
    – Registrants jurisdiction (as per the whois information)

    Examples
    – If the court order was from the Registrars jurisdiction (eg: a court in Queensland) then we would need to abide by that court order

    – If the court order was from a court of the Registrants jurisdiction (eg: Registrant from the State of Kentucky and the court order from the state of Kentucky) then it is highly likely we would need to comply.

    – If the court order was from a court other than the Registrants jurisdiction (eg: Registrant from the State of Kentucky and the court order from the state of California or another country) then we would seek our Registrants (our customers) instructions on how they wanted to proceed. We would then proceed in terms of those instructions.

    Should any one have any questions please do not hesitate to email me directly.

    Thanks
    Peter

    Hey Peter, that’s pretty much the same or similar grounds the registrar I worked with in a previous life would also do. Thanks for clarifying Fabulous’ matter.

  77. Shuwix says

    September 24, 2008 at 2:47 am

    That’s why I would never live in US. It looks like only webmasters and domain owners have sense of reason and all other are totally ……….. “patriots”

  78. Damir says

    September 24, 2008 at 4:21 am

    Great response to this post by Rick Schwartz and David J Castello.

    I have known that this day will be here – this is JUST the begining of the Criminal activity by the Legal Criminal Element

  79. Namington says

    September 24, 2008 at 7:35 am

    Pretty stupid. The content and the domain are two different things.

    I remember when InterNIC refused to register f*cking.com because of profanity. Later Europeans took it (and similar domains).

  80. Jeremy says

    September 24, 2008 at 8:17 am

    @Namington: They also refused to register “shitakemushrooms.com” until the subject became a big enough embarrassment for them.

  81. Oskars says

    September 24, 2008 at 10:15 am

    wow, didn’t expect something like this from the government of the land of the free…
    Does Kentucky even have any legal authority to do something? If the registrar isn’t in Kentucky nor the servers?

  82. Jeremy says

    September 24, 2008 at 10:19 am

    @Oskars: Hey, they have to protect their horseracing and them darn internet tubes run through Kentucky!

    Florida makes a lot of money from tourism, maybe we should seize all domains remotely related to California and/or sunshine.

  83. Dave (The Other One) says

    September 24, 2008 at 10:41 am

    What I don’t understand is why the state of Kentucky feels they have jurisdiction over these domains. Unless the businesses are headquartered in Kentucky or the domains are infringing on a copyright, I fail to see how they have any claim ??

    In the end it will just be egg on the face for a hillbilly red state.

  84. BullS says

    September 24, 2008 at 11:15 am

    No more vacation in the Turkey state.

    It is all about self interest.

    You know who is supporting this…the real indian casinos.

    They hate hate online gambling.

  85. BullS says

    September 24, 2008 at 11:16 am

    and worst of all, they pump in money to their state representatives. bri-be

    Money buys votes and money buy lobbyists.

  86. Dave Zan (not to confuse the other Davids here) says

    September 24, 2008 at 10:43 pm

    What I don’t understand is why the state of Kentucky feels they have jurisdiction over these domains.

    That’s pretty much the question bugging a lot around here. Unfortunately as two blog entries subsequently stated, eNom and Go Daddy gave in without seemingly (?) giving their respective registrants a say.

  87. MHB says

    September 24, 2008 at 11:59 pm

    Dave

    Kentucky can take any position they want, just like anyone can sue you for anything at anytime.

    The question to be decided does Kentucky have the right, power and jurisdiction to take such action

    This will be decided by a court.

    Unfortunately some of the registrars did not give the registrants an opportunity to hear the merits of their cases.

    Once the domains are turned over the arguments are not heard and the registrars make the determination instead of the court

  88. ThomasJensen says

    September 25, 2008 at 4:04 pm

    Kentucky grabs third domain name GoldenCasino.com:

    http://www.point-spreads.com/industry/092508-internet-gambling-forfeiture-hearing-postponed-kentucky-grabs-goldencasino.com.html

  89. BullS says

    September 25, 2008 at 4:07 pm

    Soon, the will grab any extension like in, mobi, cn ,net, org…

    they want everything!!!

  90. L II says

    September 26, 2008 at 12:30 am

    I am having a hard time reading this – doesn’t seem possible but it appears to be.

    If Kentucky (of all places) can just “seize” domains, what’s next?

    L II

  91. MHB says

    September 26, 2008 at 8:03 am

    L II

    Exactly

    This is why the industry must fight this and not allow it to simply stand

  92. Lukas says

    September 26, 2008 at 9:30 am

    But parked domains are ok or not? WTF?

  93. MHB says

    September 26, 2008 at 10:09 am

    Lukas

    Some of the 141 domains were parked domains.

  94. BullS says

    September 26, 2008 at 11:13 am

    How come the gambling affiliations not fighting this?

    Soon, they will take away wine, car, alcohol, beer gun domains…

    what does this going to stop?

  95. Jason Lavigne says

    September 29, 2008 at 8:31 am

    Hi Micheal,

    since you are discussing NON US registrars I wanted to let your readers know that Rebel.com is a Canadian based registrar with a large domainer customer base. We would be happy to answer any questions about how Rebel.com would address situations such as this.

  96. MHB says

    September 29, 2008 at 8:36 am

    Jason

    Ok I’ll bite, how would you handle this exact situation if one of these 141 domains seized in Kentucky was registered with your registrar?

  97. Jason Lavigne says

    September 29, 2008 at 9:27 am

    Micheal,

    Rebel.com is located in Ontario, Canada and as such we would respond to court orders issued through the Ontario Provincial Court or the Federal Court of Canada. We would challenge all other court orders based on jurisdiction and have done so in the past.

    We also make every effort to ensure our customers remain informed of any and all issues concerning their domains.

  98. John B says

    September 29, 2008 at 11:06 am

    Does Rebel.Com have any physical presence in the United Statese?

    Does it have any binding financial or business arrangements (such as partnering with Godaddy or monetization, etc) that would hurt Rebel.Com if they were to be severed?

  99. Jeremy says

    September 29, 2008 at 11:09 am

    I think getting severed would hurt anyone…

  100. Jason Lavigne says

    September 29, 2008 at 11:22 am

    Hi John,

    Good question, Rebel.com has no physical presence within the US and we have no ties or partnerships with any US companies.

  101. Bullshitwebsites says

    September 29, 2008 at 11:31 am

    that what it says:

    BullShitWebsites- websites(humans too) that provide useless info or trying to sell you something that you don’t need and wanting your money and more money!!! Is your website the BullShitWebsite?

    All ( 99.999% )websites fall in that criteria!!!

  102. Gordon says

    September 29, 2008 at 2:01 pm

    Who says all the neanderthals are extinct?

  103. MHB says

    October 7, 2008 at 12:27 pm

    UPDATE

    http://www.thedomains.com/2008/10/07/kentucky-hearing-held-today/

  104. Mad Casino says

    October 15, 2008 at 9:26 pm

    All US registrars are a waste of time and will not speak… wasz recomended this link by several IMEGA memebers, http://www.safenames.net/gamingwebsites.aspx, gave them a call, UK Registrar, governed by UK legislation, Fulltiltpoker, Bodog and many more use them and transferred to them all my domains that are not on the Kentucky list, Godaddy and Netsol have locked my domains so i am playing follow the leader here. Got em all protected at Safenames and I see that eceryone is registering .eu domains with these guys with a proxy service. This is not the endbut the beginning, if several states get together then it will become a federal matter so good bye USA and hello England. Let me know if anyone comes up with any more suggestions.

  105. MHB says

    October 15, 2008 at 9:55 pm

    Mad

    We moved all our domains to a ICANN approved registry in the Bahamas.

    We believe it is the only true “offshore” solution.

    Check it out:

    http://wwwNameVault.com

  106. MHB says

    January 20, 2009 at 9:51 pm

    UPDATE

    The Kentucky Court of Appeals Overturned the Domain Seizure Order today

    You can read more about it at:

    http://www.thedomains.com/2009/01/20/kentucky-appeals-court-overturns-the-domain-seizure-order/

  107. Rick says

    June 6, 2009 at 7:17 pm

    Until now only the very popular USA casinos have been taken by the Kentucky government only to support their local gambling. Internet Freedom is in the hands of a local state?

  108. pitbullstew says

    November 25, 2009 at 9:45 am

    I guess some of you guys dont get it? gvt has an interest in keeping society sfae from your industries conduct> be that inter net gambling, gambling by the way is highlky regulated all across the land you know? Why even the FDA has gotten in on the act over PHARMA issues, if BIG PHARMA has to play by the regulatory rules why, pray tell does any one ever think that the rest of you arent under the same pervue as the rest of us?
    Now I do understand that many are operating under some sort of personal ethics standards, though its hard to tell whois-who?
    (pun unitended)

  109. Martha says

    April 3, 2010 at 10:38 am

    Really, really thx for good information. 😉

  110. sports betting advice says

    June 4, 2010 at 5:48 am

    Great articles & a Nice site…. I am always searching online for articles that can help me. Thank you

  111. online gamblers says

    June 7, 2010 at 7:33 pm

    A very bad news for online gamblers. But don’t worry guys, more are moving in.

  112. Gambling says

    June 18, 2010 at 1:58 pm

    I think this particular anesthetic and all the authorities powers before the Supreme Court supported the validity domainers can make abstraction to get to the geo domain. Area as a “secret asset” is already used. “Those sites that are ripe, but the fundamental geo domains for just compensation to the place” be?

  113. Odette says

    June 19, 2010 at 1:04 pm

    Those operators are hiding behind their lawyers

  114. Real Time Gaming says

    June 20, 2010 at 4:35 pm

    If most of these USA faced casinos could buy their domain back I probably think they would take them back for millions

  115. Rival Casinos says

    July 10, 2010 at 3:52 am

    Have there been taken any rival gaming website? I can not see that a rival casino has been blocked or redirected.

  116. pay per head says

    July 15, 2010 at 5:11 pm

    I agree. They are hiding behind their attorneys

  117. albertanfernandes says

    January 4, 2011 at 9:59 pm

    How about important domain? I believe it will only be a matter of time before the Supreme Court-backed powers of local and state government could force domainers to give up geo domains. Domain as “private property” is already established. “Just compensation” will be high for those sites that are developed but what about the undeveloped geo domains?

  118. MHB says

    January 4, 2011 at 10:02 pm

    We have discussed that possibility and could happen in the future

  119. cover girl coupons says

    June 2, 2011 at 10:07 am

    Well I actually thought it has something to do with KFC but just recently there has been some big poker site being taken down.

  120. Live Casino says

    October 23, 2011 at 11:56 am

    I hope for the UK the online gambling sites will remain untouched.

  121. Casino Programs says

    February 22, 2012 at 12:16 pm

    Has GoldenCasino.com been confiscated too ?

  122. Online Casino NZ says

    April 7, 2012 at 1:02 pm

    Has there been a similar case for Australia or New Zealand ?

  123. Free Slots says

    June 24, 2014 at 4:56 pm

    Why are so many sites on .eu domains just to avoid becoming confiscated ?

  124. Jackpot City Pokies says

    July 28, 2014 at 10:42 pm

    Interesting to see this has popped up again recently too, with all the new TLD’s available now, it’s going to keep someone in a job at least! Even though this article was published 6 years ago, it’s astounding that so many government entities still have no idea how to sort this properly.

  125. Casino Forum says

    May 28, 2015 at 5:12 pm

    More and more countries are self regulating the gambling market which seems to be lucrative as the companies have to pay VAT.


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