There has been an update in the Kentucky domain name seizure case and its not a good one.
This week the original judge in the matter issued another forfeiture order on 132 domain names, this time not directed just to the registrars but to the registry, Verisign.
You might remember in the original case, the Judge ordered the registrars, not the registry, to turn the domain names over to the Commonwealth of Kentucky.
Some registrars reportedly complied with the order but many did not.
For the record, the Kentucky Domain Name Seizure case is now 3 1/2 years old as the original seize order came on September 22, 2008.
In the original order there were 141 domain names.
9 of the domain names included in the list of 141 domain has since been seized by the Federal Government since the Kentucky case was filed.
These domains are FullTiltPoker.com, PokerStars.com, AbsolutePoker.com, UltimateBet.com, DoylesRoom.com, TruePoker.com, Bookmaker.com and Bodog.com.
As to the remaining 132 domain names On March 8, 2012, Wingate ordered and adjudged:
“”1. The Court finds as fact that no party made any attempt to prove to the court that they installed and implemented software or devices to geographically block users from inside the Commonwealth of Kentucky from their “illegal, unregulated internet gambling websites”.
2. The Court previously heard evidence from the Commonwealth and determined that probable cause existed to justify the seizure of the domain defendants.
3. Seizures of the property in rem constitutes notice to any persons that may lay claim to their interest.
4. No party has appeared with standing to contest the forfeiture or submit evidence.]
5. The Court finds that no lawful owner or claimant of the domain defendants has been identified or is identifiable.
6. The Court finds that evidence presented by the Commonwealth does establish by a preponderance of the evidence, “indeed by overwhelming evidence”, that the domain defendants are gambling devices and gambling records in violation of Kentucky statutes and therefore can be forfeited.
7. While the Court considers amendments to the Kentucky statutes that define said “devices”, the court believes that those definitions are only a broad definition and determines that the intent can and does include a domain name.
8. The Court re-adopts and incorporates its previous conclusions of law and holdings contained in it’s original order of seizure, September 2008 Exhibit B; it’s findings of fact and conclusions of law, September 2008 Exhibit C; and Opinion and Order, October 2008, Exhibit D.
9. The Domain Defendants, Exhibit A, are hereby forfeited to the Commonwealth of Kentucky.
10. Plaintiff shall serve to both VeriSign and each Domain registrar a copy of this order.
11. VeriSign and each registrar shall immediately transfer ownership of each domain defendant to the Commonwealth of Kentucky. The domain names must be unlocked and unencumbered for Plantiff’s use, transfer or direction so that disposition by the Plaintiff may proceed in accordance with KRS 500.090.
12. VeriSign and the registrars are ordered to direct each domain to the IP address or addresses as will be directed by the Plaintiff or its counsel.””
Although the Franklin Circuit Court entered the above order on March 8, there has been a pending appeal already filed with the Kentucky Court of Appeals since November 2011, with appellate briefs due on April 24, 2012.
You might remember that the Kentucky Court of Appeals overturned the original seizure order finding that domain names were not “gambling Devices” within the meaning of the statue. However the Judge is simply ignoring that ruling by simply saying in number 7 above, “While the Court considers amendments to the Kentucky statutes that define said “devices”, the court believes that those definitions are only a broad definition and determines that the intent can and does include a domain name.”
Since the original order back in 2008, as we all know, the Federal Government through Homeland Security and other agencies, have seized over 1,000 domain names, however this action remains the only one where a state has ordered the seizure of domain names.
This ruling smacks of politics in the courts with the skillful hands of the Kentucky Parimutual Industry pulling the strings. It really shows that “JUSTIFIED” has Kentucky justice pegged as the corrupt tool of folks who apparently never heard of the 5th and 14th Amendments to the U.S. Constitution.
Can your casino/poker domains be seized if parked?
There was at least one domain in the 141 originally seized that was just parked.
There may have been more but I know of one for sure (no it wasn’t mine but a friends)
This is very bad news, a domain name is never a ‘device’ in a million years.
Kentucky should have made it a requirement that all internet providers within Kentucky block access to any gambling domain names.
Kentucky has now taken away the right to the owners of the confiscated domains to make a living from the rest of the world.
In the mean time other states are close to allowing internet poker…cue the Kentucky banjos
The dot net versions of full tilt poker etc are still operating. Does this mean that they have only sought to confiscate the more valuable dot coms. Also, will fulltiltpoker.com ever be released for use again?
People & places I would prefer to have running the internet over the Americans:
1. The EU
2. The Swiss
3. Canada
4. Japan
5. China
6. Somalia
7. Robert Mugabe
8. Kim Jung-Un
9. Ayatollah Khomeini
10. The Wizard Of OZ
Ok, ok maybe not Canada.
Pointing out there part where it’s ‘another forfeiture’; “This week the original judge in the matter issued another forfeiture order on 132 domain names, this time not directed just to the registrars but to the registry, Verisign.”
The previous attempts were not succesful then? What made it different?
Also, for someone not familiar with the Kentucky forfeiture case; it seems difficult to grasp. Is it really about Kentucky taking ‘offense’ to having had received access to those websites?
i completely agree with Ulysses. How can 1 state control and make a decision to block the entire world. ISP’s are the real point of entry. Creating another domain and pointing the service to it is still not a definite solution to seizing a domain. the logic should be simple to the solution. Kentucky should have a restriction to the people in the state. Not globally.
Never mind-Kentucky will lose the March Madness.
Thanks for keeping on top of this.
What your piece was missing was some biographical information on who made this decision, and who appointed his.
This kind of decision doesn’t just ‘happen,’ it’s the product of a mindset that feels that private property is, in reality (simply because they say so), community property.
http://en.wikipedia.org/wiki/Steve_Beshear (Appointer)
http://www.justice.ky.gov/about/Brown.htm (Appointee-Judge)
@BullS
Not only that, Lewa-vul, is going to win.
At that point who knows what the course might do.
Thats pretty wild really, I mean what happens if some other tin-pot state decides they dont like domain blogs or something? Will it just take an order from Judge Hicky and thedomains et al are history? insane.
@ Moronic Judges – go back to skool you fucking idiots.
“People & places I would prefer to have running the internet…”
=====
Imagine telling the judge that your domains can not be taken because they are stored in zillions of Peer-2-Peer nodes that replicate as fast as they are seized.viousl
ICANN and Verisign obviously do not want you to see that technology
@ MHB wrote: “however this action remains the only one where a state has ordered the seizure of domain names.”
Interesting to see where this goes. Hope the judge wins.
So what happens to these names? Will they get auctioned off like other seized property?
Scary stuff. Any chance this judge will get overturned on appeal?
So when Kentucky residents use their phone to contact a casino, or booky, in Vegas (or anywhere) to do business that happens to be illegal in Kentucky the Judge can order the business license registrar in Nevada (or anywhere) to “transfer ownership of each domain [property] to the Commonwealth of Kentucky”??
If this stands “the south” will have a new (cyberspace) plantation system… where common freedoms are ‘forfeited by law’ and digital bodies can be captured and enslaved -for life, without compensation, for the sole benefit of their new masters.
@ Claude
If this stands “the south” will have a new (cyberspace) plantation system… where common freedoms are ‘forfeited by law’ and digital bodies can be captured and enslaved -for life, without compensation, for the sole benefit of their new masters.
That sound familiar!
I’m probably missing something, but I really wonder how VeriSign is “supposed” to comply with that order not issued within their jurisdiction or state.
Dan
Its a court order, where does it say that Verisign only has to comply with Federal court orders?
why do these names have redirect? why can’t they just be removed from the zone and not resolve?
it’s becoming harder and harder to see these seizures as being purely “anti-gambling”.
maybe the governments want the revenue or at least attention that these internet sites draw. they are redirected in some way to benefit the government’s aims. instead of just being “shut down” (removed from the zone).
“poker” has been a top 5 search term in the major search engines for many years.
why not pass laws that forbid search engines from delivering results for “poker”?
difficult problem, stopping gambling. when so many other countries allow and regulate it.
eventually the poker players will learn to use ip addresses, spread by word of mouth. then what?
older generations struggling against “new” technology. a story that gets retold throughout history. no better place to see this in action right now than in a state legislature.
What will be the first Top Level Domain to be “seized” ?
COLORADO SPRINGS, Colo. (AP) – An annual Easter egg hunt attended by hundreds of children has been canceled because of misbehavior last year.
This ruling is the most unjust thing I have ever heard of.
Kentucky big for boat casinos.
They just approved gambling machines to be set up at Church hill downs.
I don’t understand why owners of domains don’t stand up and try to make this wrong a right.
As Howard Neu Posted, Kentucky apparently has never heard of the 5th and 14th Amendments to the U.S. Constitution.
Respectfully,
Kim
Kim
Domain holders have been fighting it, that’s why its currently being appealed 3 1/2 years later
Hey MHB,
That’s the thing: this latest action is arguably illegal in Kentucky, but how about California (where VeriSign’s HQ is) or Virginia (where the Registry services are)? Don’t they “have” to file that action in either state, and that VeriSign didn’t actually have to comply with that order unless it chose to maybe?
That seizure order is issued in Kentucky, while VeriSign’s obviously outside that. That’s where I’m scratching my head on, and searching online currently hasn’t produced any “fruitful” results.
Ooops, I meant to add to “that VeriSign didn’t actually have to comply with that current order.”
Dave
Its a court order from a US state court, they have to follow it or challenge it.
This ruling doesn’t bother me. But this headline from the UK is disturbing:
UK ISP forced to hand over 9,000 user details of porn downloaders
http://www.zdnet.com/blog/london/uk-isp-forced-to-hand-over-9000-user-details-of-porn-downloaders/3679
An ISP is ordered to match up IP addresses with personal info of subscribers ACCUSED of illegal downloads. You’re innocent until proven guilty, but this ruling could make subscribers vulnerable to embarassment over their private viewing habits, and tag them as illegal downloaders even if the subscribers don’t have anything to do with the illegal downloads. It could be a neighbor or friend or children.
Not surprisingly, this action initiates from a porn-producer who stands to profit greatly from the terms of his demand letter being met: a check for $1200 sent in, by those whose personal info he has a hold of.
More bad news about ISPs:
Hollywood formally brings ISPs into the anti-piracy fight
http://news.cnet.com/8301-31001_3-57408208-261/hollywood-formally-brings-isps-into-the-anti-piracy-fight/