Kentucky Governor Steve Beshear’s staff filed a notice yesterday that they will appeal the ruling of the Kentucky Court of Appeals, to the Kentucky Supreme Court.
In announcing the appeal, Michael Brown, Secretary, Justice and Public Safety Cabinet said:
“The Commonwealth will continue its action to protect Kentucky citizens from illegal internet gambling operations and appeal the recent Court of Appeals ruling to the state Supreme Court,”
“The evidence demonstrated that illegal and unregulated activity is occurring in Kentucky and that millions of dollars are being lost as a result of that activity, a fact that wasn’t disputed in Tuesday’s ruling.”
The appellate court found that domain names were not “gambling devices” within the meaning of the statue.
The Kentucky Legislature could simply amend the law and re-bring the action against the site, if the Kentucky Supreme Court turns the appeal down.
In the meantime, the domains appear to have been released to their rightful owners, reports the publication Government, which carried out whois checks on the domains and commented:
“The lower-court ruling rested on Franklin County Circuit Judge Thomas Wingate’s highly specious finding that internet casino domain names constitute “gambling devices” that are subject to the state’s anti-gambling statutes. Tuesday’s decision disabused Wingate of that notion in no uncertain terms.”
“Shortly after the order was issued, whois records for many of the domains showed they were the property of Kentucky,” reports Government. “For reasons that still are not clear, the handful of addresses we’ve checked since then appeared to have reverted back to their rightful owner. It’s not clear who made the changes or why they were made.”
“And it’s not too much of a stretch to envision other states with strong opinions, say Utah, or even countries, perhaps China or North Korea, to similarly commandeer entire sites they deem to violate their laws,” Government editorialised.