Groups ask Kentucky court to reverse domain seizures

14.11.2008

A spokeswoman for the Kentucky Justice and Public Safety Cabinet, which brought the cases against the Web site operators, didn't immediately return a phone call seeking comment on the new filing.

Wingate, in , said state investigators spent 500 hours surfing gambling Web sites and engaging in online gambling, which is illegal in Kentucky. His court has full jurisdiction to order the forfeiture of the domain names; Kentucky law allows for the seizure of illegal gaming devices, he wrote.

"We note that opposing groups and lawyers argue any judicial interference of the Internet will create havoc," the judge wrote. "This doomsday argument does not ruffle the court. The Internet, with all its benefits and advantages to modern day and life, is still not above the law."

Domain names are gambling devices as defined in Kentucky law, he added. The definition includes any machines or mechanical devices designed or manufactured primarily for use in gambling, he wrote. Domain names are "virtual keys for entering and creating virtual casinos," he wrote.

Software that can block Internet users on a geographic basis exists, Wingate suggested.