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Kentucky Supreme Court Domain Seizure Update

Advocate organisations supporting freedom of speech and the Internet independence principles have made submissions to the Kentucky Supreme Court ahead of its hearing of an appeal against an appeal by the Kentucky state government.
 
The case has its roots in an unprecedented attempt by Governor Steve Beshear and his officials, aided by outsourced lawyers working on a contingency basis, to seize the international domain names of 141 mainly online gambling companies (see previous InfoPowa reports). The governor made no bones about the

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need to protect his state's extensive land gambling interests in going after Internet gambling operations.
 
The initial application by the state to seize the domains received a favourable decision from a state district court, but this was subsequently overturned by a majority on a three judge Kentucky Court of Appeals panel.
 
Seen by many as an invasion of the integrity of the Internet, the issue caused a considerable international furore, which intensified when an apparently obdurate Beshear approved an appeal-against-the-appeal by his officials, who submitted the matter to the Kentucky Supreme Court, which is scheduled to hear the matter in June this year.
 
This week it emerged that the Interactive Media & Gaming Association (iMEGA) and the Interactive Gaming Council, which continue to fight off the Kentucky depredations, will have the support of four other concerned organisations. The Internet Commerce Association, the Center for Democracy and Technology, the Electronic Frontier Foundation and the American Civil Liberties Union have all filed amicus 'friend of the court' briefs asking that the decision by the Court of Appeals holding that Internet casino domain names do not constitute gambling devices be upheld.
 
The Internet Commerce Association is on record as stating that it is opposed to 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 ICA brief also references concerns regarding possible Kentucky legislative changes to the definition of "gaming devices," and to possible violations of the First Amendment, the Commerce Clause, the Federal Communications Decency Act, and jurisdictional limitations.
 
ICA president Jeremiah Johnston has been quoted as saying that if the Kentucky Supreme Court upheld the Commonwealth's bid to seize and confiscate global domain names it would constitute a body blow to free speech and a considerable 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,” Johnston pledged.

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Gambling News :

Pokerstars Bahamas Main and High Roller Results - The inaugural PokerStars Championship Bahamas saw two big winners crowned this weekend when Christian Harder won the main event for $429,664 and Luc Greenwood took home $779,268 after taking down the $25,750 High Roller event.

Rodrigo Duterte has identified illegal gambling as his third priority - Illegal online gambling operators can anticipate tougher times in the Philippines following a directive from President Rodrigo Duterte that stamping out illegal gambling is his third most important goal after illegal drugs and government corruption.

High Hopes For Pennsylvania Online Gambling - Pennsylvania state politicians have wasted no time in getting back to work in the new legislative season, and there is renewed hope for a gambling expansion bill that includes online gambling and daily fantasy sports.

WILLIAM HILL ACCUSED OF QUESTIONABLE MARKETING TACTICS - British Labour member of parliament for Swansea East, Carolyn Harris, has described as "appalling" player-poaching techniques allegedly encouraged by the online and land bookmaker William Hill plc.

GoWild has announced the launch of its own new gaming platform - The European online gambling group GoWild has announced the launch of its own new gaming platform, providing entertainment in addition to its Microgaming games, which will now be delivered via the Quickfire platform.

UK Government Introduces Mandatory horseracing levy - The levy kicks in after the first GBP 500,000 in gross revenue has been earned by online and retail bookmaking firms and other betting organizations.

Chinese Arrested in Philippines Invalid - Representing the thirty-nine plaintiffs, defense lawyer Irene Bianca B. Distura claimed that the warrant that led to her clients’ apprehension is “invalid.”

NJ Warns No Federal Online Gambling Ban - New Jersey Senator and gubernatorial candidate Raymond Lesniak warned that any attempt to overturn a 2011 Department of Justice opinion that the federal Wire Act exclusively governs sports betting would be met with a hard-nosed reaction from his state.

Casino du Liban To Launch new online gambling platform - The venture will be in partnership with an unnamed international company, and a tender has already been launched with a deadline of January 19 to submit the proposals.

Winstar slot Pays Big Jackpot - One very fortunate online punter in Bermuda has scored a major win on the Winstar slot at the PokerStars online casino, collecting a $825,037 jackpot.

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