Kentucky seeks control of online gambling sites

Search

Member
Joined
Sep 21, 2004
Messages
14,245
Tokens
Ky. Seizes Domain Names Of Web Gambling Sites

Last Update: 3:03 pm

Web produced by: Jessica Noll

A Franklin County Circuit judge last week ordered the transfer of the domain names of 141 illegal Internet gambling sites to the Commonwealth of Kentucky in an effort to stop illegal and unregulated online gaming.

Kentucky is the first state to bring an action against Internet gambling operators that has resulted in the seizure of domain names.

The order came Thursday in response to a suit filed by the Justice and Public Safety Cabinet on behalf of the Commonwealth seeking to force the sites to block access to Kentucky users, or relinquish control of their domains.

Judge Thomas Wingate ordered a forfeiture hearing for Sept. 25 on the matter.

The Justice Cabinet had asked the court to order Internet registrars to transfer control of the domain names to the Commonwealth, pending a hearing on whether forfeiture is required.

“Unlicensed, unregulated, illegal Internet gambling poses a tremendous threat to the citizens of the Commonwealth because of its ease, availability and anonymity,” Gov. Steve Beshear said.

“The owners and operators of these illegal sites prey on Kentucky citizens, including our youth, and deprive the Commonwealth of millions of dollars in revenue. It’s an underworld wrought with scams and schemes.”

By seizing the domain names, Kentucky can require that the illegal casino operators use readily available technology to block their domains from being accessed in the Commonwealth.

Beshear said Kentucky loses tens of million of dollars a year to online gambling, which is illegal in all 50 states. And, he said, the illegal activity has repercussions far exceeding its monetary losses to the Commonwealth:

Unlicensed Internet gambling significantly undermines and threatens horseracing, Kentucky's signature industry and a key tourism industry, by creating unregulated and untaxed competition;
The accessibility of the Internet, and the unregulated and private nature of Internet gambling, creates conduits for youths to log on and place wagers;
The anonymity of the Internet and sophistication of encryption devices make it difficult to trace online laundering schemes; and
The unregulated gaming lacks consumer protections to ensure that individuals who choose to gamble are actually paid for their winnings.

Kentucky law has long reflected its strong public policy prohibiting unlicensed, illegal, and unregulated gambling operations, Beshear noted, adding that the Commonwealth is uniquely suited to bring action against illegal Internet gambling operators.

Sections of KRS Chapter 528 specifically mandate the forfeiture of any gambling devices, such as domain names and websites for Internet gambling, and make it illegal to conduct, promote, advertise, own, profit from or conspire to profit from an illegal gambling operation.

Secretary J. Michael Brown said that site owners, when registering domain names, agree to conditions that stipulate the domain name not be used for illegal purposes. He noted that some online gambling sites already block access to Kentucky users.

“Gov. Beshear has once again demonstrated that he is willing to take bold and innovative steps to protect Kentuckians and Kentucky’s legitimate businesses,” Brown said.

“Illegal Internet gambling poses a unique threat to our Commonwealth. For individuals – particularly our youth – it is tantamount to a virtual home invasion. For some of our vital and most venerable legitimate enterprises, it undermines their exemplary regulatory compliance and siphons away their constituents.

“We are hopeful that once this litigation is concluded, the Commonwealth will be off limits to these illegal purveyors.”
 

Member
Joined
Sep 21, 2004
Messages
14,245
Tokens
By RONNIE ELLIS
CNHI News Service


FRANKFORT September 22, 2008 05:47 pm

— Gov. Steve Beshear and his Justice Secretary, J. Michael Brown, want to put a stop to “unregulated and illegal” Internet gambling in Kentucky.
Last week, Franklin Circuit Judge Thomas Wingate granted their request for an order transferring domain names of 141 Internet gambling sites to Kentucky, what Brown called the “first step to blocking this activity.” A Sept. 25 hearing will determine if Wingate orders the forfeiture of those names to the state.
If he does, Brown said the state can require the domain registrar to transfer their control to the state and block access from Kentucky Internet users to the sites. It’s possible, he conceded, the action will block access to those sites nationally.
“Unlicensed, unregulated, illegal Internet gambling poses a tremendous threat to the citizens of the commonwealth . . . and siphons off money from regulated and legal games such as Kentucky’s thoroughbred racing industry, our lottery and charitable gaming activities,” Beshear said.
He called the effort an “unprecedented action in this country to protect one of our signature industries from illicit interests that are attempting to profit at our expense.” Brown showed a slide of one of the sites which features a photograph of thoroughbreds racing at the Kentucky Derby.
“The culprits are foreign companies, huge companies that rake in millions to billions of dollars and operate beyond the reach of law enforcement,” Beshear said, including “tens of millions of dollars from Kentucky.” Because the games are unregulated, anyone who plays and thinks he’s been scammed has no legal recourse, Beshear said. Beshear called the companies “leeches on our communities.”
Beshear said the Internet gambling sites are “not gaming as we know it at race tracks, at established casinos or the lottery.” He said it’s illegal in all 50 states, including Nevada and New Jersey. Kentucky’s gaming laws, Beshear said, are among the toughest in the country and that makes Kentucky a good place to attempt to stop the activity.
Brown said state law allows the state to seize “devices” used in illegal gambling and Wingate accepted the state’s argument the domain names constitute devices.
Beshear – who championed a constitutional amendment to allow casino gambling in Kentucky – doesn’t think it’s morally dubious to go after Internet gambling while promoting horse racing, the Kentucky Lottery or casino gambling.
“I’m not looking at this so much from a moral standpoint as from protecting the public in terms of the tax dollars, the tax revenue and protecting our industries here in the state that have legalized gaming,” he said.
“This activity is totally opposite of the activities that we allow. It is unregulated, it is illegal, there is no way we can assure that it is fair to the public,” Beshear said.
Among the 141 domain names transferred to the state are sportsbook.com, pokertime.com. and casinobar.com. Brown said they are distinguished from such sites as twinspires.com, operated by Churchill Downs, by their virtual existence and the fact that twinspires.com offers wagering on actual, regulated events “that are really taking place and are regulated.”
 

Their undisputed masterpiece is "Hip to be Square.
Joined
Dec 29, 2005
Messages
6,191
Tokens
WTF is wrong with the state of Kentucky?

They tried a case that would not let muni bond returns remain tax deductible a couple of months ago...


WASHINGTON: The U.S. Supreme Court on Monday upheld long-standing state tax exemptions for municipal bonds.

In a 7-2 ruling in a case from Kentucky, the justices permitted states to exempt interest on their own bonds from taxation while taxing residents for interest on bonds issued by other states.

In the $2.5 trillion municipal bond market, 42 states exempt some or all interest on their bonds from income taxes, while taxing interest on bonds from other states.

The states have said that throwing out the system of exemptions that began 90 years ago would have a devastating impact on state finances.
 

New member
Joined
Sep 20, 2004
Messages
6,066
Tokens
boy this is going to be interesting, after seeing the seizure of bodog.com .........I can believe anything coming out of an US court regarding online gambling (or in the line of ridiculous patent claims that are now common.......)
 

I'll be in the Bar..With my head on the Bar
Joined
Oct 3, 2004
Messages
9,980
Tokens
1 thing these articles leave out. Let me clarify.


Gov. Steve Beshear (D)
 
Joined
Jul 30, 2006
Messages
7,924
Tokens
I'm sure they want you to buy state lotto tickets and play bingo at the local injun casino.
 

Oh boy!
Joined
Mar 21, 2004
Messages
38,373
Tokens
The problem with their premise is that these gambling sites are not illegal in the countries where they reside. You can't take someone's web site if they are operating a legal business.

What's next? Is a country going to try to take the web site of a company that criticizes that country if that country has laws against criticizing it? Take for example Thailand. It's illegal to criticize the King. Maybe Thailand should try to take the New York Times web site because the NYT is critical of the King of Thailand. Same exact principle being used here.
 

New member
Joined
Sep 20, 2004
Messages
6,066
Tokens
I am not a lawyer obviously

but the problem here is this

their theory is

a) said site exists
b) they offer services to citizens of our state
c) by them doing that...they break our laws
d) go at them

in your example, the new york times is not engaging in a financial transaction with people from thailand, in a gambling site there is a two-way flow of funds and there is a contract where the site provides a service to you
 

I'll be in the Bar..With my head on the Bar
Joined
Oct 3, 2004
Messages
9,980
Tokens
Thats not whats happening. They sue them and get a judgement due to the fact the sites cant come here to defend themselves. Once they get their money judgement they then file suit to collect the money. The only asset they can get is the domain names and again with the defendants desk empty its an automatic call........
 

New member
Joined
Sep 20, 2004
Messages
6,066
Tokens
Thats not whats happening. They sue them and get a judgement due to the fact the sites cant come here to defend themselves. Once they get their money judgement they then file suit to collect the money. The only asset they can get is the domain names and again with the defendants desk empty its an automatic call........

interesting

you sue someone, they 'cant' come to defend themselves because why? because they are afraid to get arrested?

that is totally not what I read in the pdf

there is no judgement at all to get the domain name, they are acting PREEMPTELY, get the domain first (blocking any possible transfer anywhere) and the rest ........well the rest.......will be decided later.

(and no, the 'only' asset they can get is not just the domain name but I imagine that would mean pursuing them OUTSIDE their jurisdiction...while is a risk they don't want to take)
 

Oh boy!
Joined
Mar 21, 2004
Messages
38,373
Tokens
I am not a lawyer obviously

but the problem here is this

their theory is

a) said site exists
b) they offer services to citizens of our state
c) by them doing that...they break our laws
d) go at them

in your example, the new york times is not engaging in a financial transaction with people from thailand, in a gambling site there is a two-way flow of funds and there is a contract where the site provides a service to you

I understand that the complaint that the state of Kentucky has is financially based. However, a financial transaction is not necessary for the principle I gave. What is necessary is that the service performed by the web site is illegal in the country making the claim affects the citizens of the state. It doesn't have to be limited to financial transactions in order for the general principle to be satisfied.
 

New member
Joined
Sep 21, 2003
Messages
42,910
Tokens
Governor Steve Beshear's Communications Office

Kentucky seizes domain names of illegal Internet gambling sites

Press Release Date: Monday, September 22, 2008
Contact Information: Jay Blanton
Jill Midkiff
502-564-2611



Judge orders transfer of 141 domain names to Commonwealth

FRANKFORT, Ky. – A Franklin County Circuit judge last week ordered the transfer of the domain names of 141 illegal Internet gambling sites to the Commonwealth of Kentucky in an effort to stop illegal and unregulated online gaming. Kentucky is the first state to bring an action against Internet gambling operators that has resulted in the seizure of domain names.

The order came Thursday in response to a suit filed by the Justice and Public Safety Cabinet on behalf of the Commonwealth seeking to force the sites to block access to Kentucky users, or relinquish control of their domains. Judge Thomas Wingate ordered a forfeiture hearing for Sept. 25th on the matter. The Justice Cabinet had asked the court to order Internet registrars to transfer control of the domain names to the Commonwealth, pending a hearing on whether forfeiture is required.

“Unlicensed, unregulated, illegal Internet gambling poses a tremendous threat to the citizens of the Commonwealth because of its ease, availability and anonymity,” Governor Steve Beshear said. “The owners and operators of these illegal sites prey on Kentucky citizens, including our youth, and deprive the Commonwealth of millions of dollars in revenue. It’s an underworld wrought with scams and schemes.”

By seizing the domain names, Kentucky can require that the illegal casino operators use readily available technology to block their domains from being accessed in the Commonwealth.

Beshear said Kentucky loses tens of million of dollars a year to online gambling, which is illegal in all 50 states. And, he said, the illegal activity has repercussions far exceeding its monetary losses to the Commonwealth:

Unlicensed Internet gambling significantly undermines and threatens horseracing, Kentucky's signature industry and a key tourism industry, by creating unregulated and untaxed competition;
The accessibility of the Internet, and the unregulated and private nature of Internet gambling, creates conduits for youths to log on and place wagers;
The anonymity of the Internet and sophistication of encryption devices make it difficult to trace online laundering schemes; and
The unregulated gaming lacks consumer protections to ensure that individuals who choose to gamble are actually paid for their winnings.
Kentucky law has long reflected its strong public policy prohibiting unlicensed, illegal, and unregulated gambling operations, Beshear noted, adding that the Commonwealth is uniquely suited to bring action against illegal Internet gambling operators. Sections of KRS Chapter 528 specifically mandate the forfeiture of any gambling devices, such as domain names and websites for Internet gambling, and make it illegal to conduct, promote, advertise, own, profit from or conspire to profit from an illegal gambling operation.

Secretary J. Michael Brown said that site owners, when registering domain names, agree to conditions that stipulate the domain name not be used for illegal purposes. He noted that some online gambling sites already block access to Kentucky users.

“Governor Beshear has once again demonstrated that he is willing to take bold and innovative steps to protect Kentuckians and Kentucky’s legitimate businesses,” Secretary Brown said. “Illegal Internet gambling poses a unique threat to our Commonwealth. For individuals – particularly our youth – it is tantamount to a virtual home invasion. For some of our vital and most venerable legitimate enterprises, it undermines their exemplary regulatory compliance and siphons away their constituents.

“We are hopeful that once this litigation is concluded, the Commonwealth will be off limits to these illegal purveyors.”
 

I'll be in the Bar..With my head on the Bar
Joined
Oct 3, 2004
Messages
9,980
Tokens
Well this may be another way to go about the same goal but what i described is what happened to BDog.
And leap is correct , what they are suing for is the lost tax revenue ( way more than it would ever be) and the other crap they said. How could they collect tax on an (to the state of Kentucky) illegal operation is beyond me...
You notice they do this at the start of football season every year now or at the Super Bowl...
ID guarantee this suit never crossed that Govenors mind until his pockets were lined to come up with it. Complete bullshit.
 

A Separate Reality
Joined
Jan 14, 2002
Messages
5,533
Tokens
incredible the fuckers in kentucky are trying to protect their legal horse racing gambling. the irony. "we want to be able to take the gamblers money at the track, but the gamblers would rather stay at home gambling on the net. Its not fair...wahhh

the hippocrisy of legal gambling versus illegal gambling boggles the mind.

i cant deal with it, i'm going to church, its bingo night.
 

New member
Joined
Jul 21, 2006
Messages
12,563
Tokens
get out now. the offshore industry is dead. if you even win now, you have to beg to get paid. do etrade instead.
 

Forum statistics

Threads
1,119,788
Messages
13,572,986
Members
100,865
Latest member
dinnnadna
The RX is the sports betting industry's leading information portal for bonuses, picks, and sportsbook reviews. Find the best deals offered by a sportsbook in your state and browse our free picks section.FacebookTwitterInstagramContact Usforum@therx.com