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TheDomains.com

ACLU, EFF and CDT File Amicus Brief In Kentucy Domain Seziure Case

November 14, 2008 by Michael Berkens

Three civil libertarian groups, unassociated with the domain industry or the gambling industry, joined together to file an Amicus (friend of the court) brief with the Kentucky Appeals Court, (pdf file) on the Domain seizure action.

The Brief was filed by the ACLU of Kentucky, the Electronic Frontier Foundation (EFF), and the Center for Democracy and Technology (CDT).

The brief makes several key points.

First the seizure order is over broad, and would  infringe on the first amendment right of the domain owners and the public at large.

Geofiltering is an expensive and over burdensome process that would cause business around the world to go out of business if it was required.

The trial court violated the commerce clause to the Constitution as it is trying to regulate sites that are available in all other 49 states and the rest of the world.

The trial court has not established nor can it establish it has jurisdiction over domain registrars not located in Kentucky.

We applaud this groups for coming forward and taking a stand.

We questioned a month ago where the ACLU was in all of this and now they are in the mix

Congrats.

It’s a very well reasoned and well written brief and you should take 1/2 hour out of your day to read and understand the issues, as one of your domains maybe taken by some jurisdiction next.

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.

« Here We Go Again: Now Enom Has A Site To Sell Its Own Domain Inventory: Where Did These Domains Come From?
Kentucky Appeals Court Stops Action On Kentucky Domain Seizures »

Comments

  1. RegFeeNames.com says

    November 14, 2008 at 9:47 am

    Great News!

    Regards,

    Robbie
    Founder
    RegFeeNames.com

  2. Rob Sequin says

    November 14, 2008 at 11:54 am

    Awesome news.

    Now it’s a national case and hopefully domain owners will be stronger for it.

    Thanks for keeping us posted.

  3. Damir says

    November 14, 2008 at 12:05 pm

    Nice One – The trial court violated the commerce clause to the Constitution as it is trying to regulate sites that are available in all other 49 states and the rest of the world.

    The trial court has not established nor can it establish it has jurisdiction over domain registrars not located in Kentucky.

  4. Steve M says

    November 14, 2008 at 2:39 pm

    Great info; thanks Mike.

    Everyone should save a copy of this amicus for their possible future personal use, as it will save time and money if you ever need to hire a law firm to protect your domain rights.

  5. MHB says

    November 14, 2008 at 5:39 pm

    Steve

    Correct

    Great advice

  6. Lda says

    November 17, 2008 at 11:54 pm

    Excellent post. Thanks.

    Sound advice Steve M. The document is a ‘silver lining’ to previously bleak portents, and justifies archiving for future reference.


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