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Online Porn Next on Kentucky List of Seized Domain Targets?

Written by:
C Costigan
Published on:
Oct/21/2008
online porn

Now that Kentucky Governor Steve Beshear has been successful at seizing some 141 online gambling domain names (at least for the time being), some in the Internet community suspect it won't be long until Beshear and his cronies start going after online porn. After all, attorney Jimmie Johnson, arguing before a circuit court in Kentucky two weeks ago did make mention that there were laws related to fornication within the commonwealth's statutes. Considering Judge Thomas Wingate cited an outdated statute in determining the 141 domains can be seized, one can only imagine what basis Kentucky would have to go after porn websites.

Adultery and fornication are still criminal offences in the commonwealth.

Just last month, Gambling911.com would have been laughed off the Net for implying such a thing. But since that time, Wingate has ruled that a forfeiture hearing will take place on November 17 whereby most of these 141 domain names will indeed be lost. Granted, both a federal and state appeal are widely anticipated within the next few days.

And we're not the one's who have brought up the porn speculation.

Seems like the Internet porn industry would be the next logical target," writes Radley Balko of Reason.com.

Slashdot.com is all over this story as well. One reader of that website asks:

"So if the state doesn't approve of a radio station can they shut down the transmitter in another state or demand that the station modify all radios to not receive their signal? This falls under violating interstate commerce and KentUHky will likely find itself being forced to reverse by the feds?"

And another wrote:

"The issue is not whether it's a "wholesale grab" or not. The issue is that if Kentucky has authority to seize a domain name used for gambling, any state has authority to seize a domain name used for anything in state law, and the net is quickly reduced to the lowest common denominator."

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Christopher Costigan, Gambling911.com Publisher

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