Internet Commerce Group Files Against Kentucky Online Casino Grab
The case involving Kentucky's attempt to seize the domain names of 141 online casinos is due to advance to the state Supreme Court in June. In preparation, the Internet Commerce Association filed an amicus brief asking that the decision by the Court of Appeals holding that Internet casino domain names do not constitute gambling devices be upheld.Also signing as friends of the court, and expressing the opinion that the state has no business forcing online gambling sites to forfeit their domain names, were the Center for Democracy and Technology, the Electronic Frontier Foundation, and the American Civil Liberties Union.
According to its website, the ICA is a trade organization representing domain name investors and developers. Its mission is to educate consumers and lawmakers about the importance and benefits of the domain name industry.
The group said it opposed the Kentucky action because "it would have established an extremely dangerous precedent by which any government entity could claim jurisdiction over a domain name simply because its website could be viewed from within its borders, and then attempt to seize the domain name without advance notice or due process."
The amicus brief also cites reasons to prevent the seizures even if Kentucky law were amended to specifically name domain names as gaming devices. Among these are potential violations of the First Amendment, the Commerce Clause, the Federal Communications Decency Act, and jurisdictional limitations.
ICA president Jeremiah Johnston said," (Upholding the forfeitures) would be a body blow to free speech and a huge threat to the value of domain names. The ICA will continue to speak out and act in cases where the fundamental rights of domain name registrants are violated.”
