FRANKFORT, Ky. — Kentucky may not seize 141 online casinos' Internet domain names in an attempt to block them from operating within the state's borders, a three-judge appeals panel ruled.
In a 2-1 opinion Tuesday, the Kentucky Court of Appeals panel said an Internet domain name is not a gambling device. That left the Franklin County Circuit Court without jurisdiction in the matter.
"It stretches credulity to conclude that a series of numbers, or Internet address, can be said to constitute a 'machine or any mechanical or other device ... designed and manufactured primarily for use in connection with gambling,'" Judge Michelle Keller wrote in the majority opinion. "We are thus convinced that the trial court clearly erred in concluding that the domain names can be construed to be gambling devices subject to forfeiture."
The state sued the Web sites after determining that they allowed Kentuckians to gamble illegally and asked a judge to either force the sites to block Kentucky users or allow the state to take possession of the domain names. Kentucky already allows gambling on horse racing and bingo and has a state lottery.
Attorneys for the state and the Web sites have estimated that about 13,000 people in Kentucky use the online casinos.
Gov. Steve Beshear spokeswoman Jill Midkiff said officials had received the ruling late Tuesday, were still studying it and had not decided what the state's next step would be.
The appellate panel also ruled the circuit court cannot hold a hearing on whether Kentucky may seize the domain names. Keller's opinion said it's up to the General Assembly - not the courts nor the state Justice Cabinet - to bring domain names into the definition of illegal gambling devices.
Jeremiah Johnston, president of the Washington D.C.-based Internet Commerce Association, said he was pleased by the ruling. Still, Johnston said the court did not address whether the state had the authority to involve itself in seizing domain names of internationally based companies.
"That wild card is still out there," Johnston said. "In the end, it's a positive ruling, so we'll take it."
"allowed Kentuckians to gamble"
Not coerced. Not against their will. Meaning something they wanted to do.
Somehow gambling is oh so w r o n g ... unless bureaucrats can get their filthy mitts on the proceeds.
Good ruling by the court.
IF I WANT TO GAMBLE ON LINE IT'S MY DM BUISNESS,I MAKE MY OWN MONEY PAY MY OWN BILLS,AND IT'S NONE OF ANY BODY'S BUISNESS.IF A GAMBLER CANT WIN ANYTHING FROM THEIR OWN STATES LOTTERY THEY WILL (AS FOR MYSELF )WILL GO ELSE WHERE,,,,,HELLO
You said it! I'm with you all the way on that one.
But question; Why can't we buy lottery tickets online in Ky if we can gamble online?
American serfs .. er .. citizens cannot legally gamble online. CONgress doesn't want us losing our money in shady games of chance (unless it's the shady game of their crooked Wall Street pals.)
each state has its own weird laws too, but now that the U.S government has drastically changed, they really should get emails or calls from you and hear your opinions
your communications of what you want is what they use in order for them to know what laws you all want and what changes you wish...they are the lawmakers, so keep in touch with them, keep them clearly informed
as for Kentucky I'm not sure, but some states are way ahead than others
I think most laws that messed up our nation the most came from administrations which lost their power, but it's important that you (the general population in touch with reality) should contact the new lawmakers who represent you according to your state, district, etc.
I AM finding alot of news about this on the web I just googled this:
IBLS online gambling 2007
It seems a lot of the awful laws were signed around '07 by Bush
I hope things start to quickly improve for us in the U.S. we are supposed to be a world leading nation, not a laggard. God help us.
cheers and
good luck, people
You are going to be very disappointed.
The problem I have with "internet gambling" is this: I think we should be able to play other States' lotteries via online so we don't have to go in person using gas and creating greenhouse gas etc. right? Other than that.. these online casinos are not regulated and have pretty much everything "computerized" (even when humans are playing each other), and everyone screams when States go computerized because programs are written wrong or they're afraid the States rig the games. If the States could cheat players, you think those running interent casinos are far above that? Not that any or all of them do but what the State lottery gets frowned upon doing, the internet casinos can do much worse! If you "eliminate all computerized drawings" then by definition that has to also include internet casinos.
When will they be bringing online gambling to Maryland? king.com is kinda callin my name
here's what I got when I tried to go to Ultimate Bet
Thanks for visiting UltimateBet.com.
Unfortunately, this website can no longer be accessed from within the state boundaries of Kentucky.
If you are not trying to access this site from within Kentucky, or ifyou feel you have received this message in error, please contact
xxxxxxxxxxxxx
Maybe soon...
The US may soon change their online gambling laws <--- Google this, and this --->Frank to push to repeal U.S. online gambling ban