Kentucky Appeals Court Tells Kentucky To Hold Off Seizing Domains

from the wait-just-a-second... dept

While a lower court in Kentucky had agreed to allow the state to seize 141 domain names as being "illegal gambling devices" despite having nothing to do with the state of Kentucky, other than being available on internet connections there (and everywhere else), an appeals court has now issued an injunction to stop the state from seizing the domains until the appeal can be heard. While we still have to wait for the full appeal, at least damage won't be done in the interim.

There's one other interesting note in the article, which is that Kentucky's Attorney General appears to be trying to distance himself from the case. Even though most state actions are normally taken by the AGs office, in this case, the lawsuit was filed by the state's Secretary of Justice and Public Safety (there's some question if it's legal for this person to bring the suit). Either way, the AG's name was on the case, but he's now specifically asked to have his name removed from the case. That seems like quite a statement. When even the Attorney General of the state wants nothing to do with the lawsuit, perhaps it's time for the state to admit it overstepped some legal bounds.
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Filed Under: domain names, gambling, governor, kentucky, online gambling

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  1. identicon
    Anonymous Coward, 20 Nov 2008 @ 12:34am

    Rob: the founding fathers of this country created checks and balances because they didn't want to entrust the fate of all this country's people to the majority's decision.

    Consider this: for many years, the majority of American citizens supported slavery. While several of the enlightened thinkers of the time recognized that this was fundamentally immoral and wanted to act on this issue, they knew that freeing the slaves would be immensely unpopular, possibly enough to destabilize the fledgling nation. That's why the constitution had a clause (in Article I, Section 9) preventing Congress from stopping the importation of slaves.

    Also, there are no legal ramifications for committing a blasphemy against someone's religion. If there were, our country would have to disband, due to the fact that certain fundamentalist sects believe the United States to be the land of Satan, and all its inhabitants deserving of hell. If you'd like, you can write to your representatives, you can protest, you can threaten to hold your breath until you turn blue unless your viewpoint becomes law, but I recommend that you consider what damage such laws can do in light of more fundamentalist forces.

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