Internet Freedom At Stake When Kentucky Gambling Case Resumes

There is a case going on in Kentucky that could reshape the future of the Internet. For people who have not followed the Internet gambling site domain case in the state, now would be a good time to start paying attention.

At stake in the case is the right for state governments to take control over what businesses can or cannot take place on the Internet in their individual states. The results of the case could lead to companies of all business industries losing the freedoms they currently enjoy on the Internet.

The case revolves around Governor Steve Beshear of Kentucky. Beshear successfully went after the domain names of 141 online gambling websites. The state Justice Cabinet agreed with Beshear that the sites were running illegally and forced the sites to give up their domain names.

Lawyers for the 141 sites have brought their case to the Kentucky Court of Appeals and that is where the case will pick up on Friday. Lawyers for the sites will argue that their domain names were taken illegally.

In order for the ruling to go in favor of Beshear, a judge had to find that the domain names were gambling devices. Amazingly enough, the court found that the domain names were, indeed, gambling devices.

While the case is little known outside the online gambling arena, the outcome could have far reaching effects. If the sites are forced to give up their domain names, it would open the door for individual states to begin to decide on their own what is or is not legal.

Illegal online gambling has not accurately been clearly defined by the U.S. government, yet the state of Kentucky believes they know what illegal online gambling is.

"Perhaps the state of Kentucky should lend some of their knowledge to the U.S. government. They apparently have a grasp on what illegal online gambling is and the U.S. government has been unable to define it for the past two years," said observer Jack Hinskin.

What Hinskin was referring to was the Unlawful Internet Gambling Enforcement Act which was passed back in 2006. For two years lawmakers have been asked to define illegal online gambling and they still have not come up with a definitive answer.

John Pappas of the Poker Players Alliance understands what the ramifications could be if the domain names remain seized. "These are websites that are located overseas, operated and regulated in their own jurisdictions, does the state of Kentucky have the right to tell them to suspend their businesses," he said.

His comments echo the thoughts of millions who understand what this decision could mean. It is up to the three judges on the Appeals panel to decide which direction the law will go when dealing with the future of the Internet.

December 12, 2008
Posted By Tom Jones
Staff Editor, CasinoGamblingWeb.com
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