Tokwiro Enterprises announced that it has chosen to follow the Kentucky court order and block Kentucky residents from accessing Absolute Poker and UltimateBet. In an explanation, COO Paul Leggett said, in so many words, that the purpose it to protect the domain names for the entirety of its customer base.

Being anxious about following the letter of the law when trying to rebuild a reputation is one thing, but could this be jumping the gun a little? The case is currently on hold due to the appeal process, and the deadline for blocking Kentucky residents has been postponed until the appeals court hears the petition, which is scheduled for December 12th. Today is December 2nd. Just sayin’.

The entire press release from Tokwiro is as follows:

TOKWIRO BLOCKS ACCESS BY KENTUCKY RESIDENTS
TO ITS ONLINE POKER SITES

Customers Connecting from IP Addresses in Kentucky Will Be Unable to Play on Absolute Poker and UltimateBet Sites

MONTREAL, CANADA (DECEMBER 2, 2008) — Tokwiro Enterprises ENRG (Tokwiro), the owner of the Absolute Poker (AP) and UltimateBet (UB) poker sites, announced today that, in order to fully comply with the Franklin County (Kentucky) Circuit Court’s recent orders, it is restricting access to Tokwiro’s sites by Kentucky residents.

More…

A few people have asked me WTF I’m talking about saying that November 2008 will go down as an historical month where everything changes/d. To spell it out, you have:

The November Nine — historic simply as it pertains to the conclusion of a single not-so-little tournament that seems to be the barometer for all things related to the poker industry.

Midnight Rule-push for UIGEA Regs — we’re just one of 100 single-issues affected by the Bush administration’s attempts to party it up like frat boys and trash the joint before checking out … but regardless, it means we have a whole bunch of additional clean-up to do.

60 Minutes/Washington Post Exposés — whether it’s determined to be fair-and-balanced good-for-poker coverage or a damning hatchet job hacked with a double-edged blade of lies … the Thanksgiving weekend stories represent the official exposure of the online poker biz, hairy warts and all, to the non-poker world.

Clonie Gowen vs. Full Tilt Lawsuit — a loyal soldier turns on her poker-biz commanders, with attempts to air grievances in American court threatening to bring the multibillion-dollar operations of a super-private jurisdictionally challenged business into the public domain. While FTP reps actively petition the Feds to let them open these books but only if they can pay extra taxes, the former Full Tilt covergirl arms herself with a taser gun and takes aiming at a Red Pro.

Formation of Cereus — the two most scandal-ridden online poker sites officially join forces to create a recovering cheater supersite, flooding their own tables with “refund” money to keep the action moving.

Plug Pulled on PokerBlog.com — hardly the biggest deal in the bigger picture … but PartyPoker’s apologetic canning of Dr. Tim represents a new fiscal reality facing even the most legitimate of online poker sites and their workers.

Introduction of HB 222 in Texas — Take 2 on trying to bring the game that had everything to do with the creation of an $18 billion industry (subject to all the hubbub above) back home where it belongs.

All this, of course, is going on in the midst of a major lawsuit related to internet authority in Kentucky — where unprecedented government action has shaken up/down the online poker industry, forcing noticeable shifts in business ops and resource allocation. Clearly:

Chalk one up for poker in Kentucky. A voice of reason came from the Kentucky Court of Appeals today, thanks to the extraordinary efforts of the Interactive Media Entertainment & Gaming Association (iMEGA).

Judge Thomas Wingate previously ordered a December 3rd forfeiture hearing for the 141 gaming-related domain names that Gov. Beshear wanted seized, but the appeals court has stayed that hearing in order to conduct its own hearing on December 12th in Louisville, during which it will consider iMEGA’s petition to overturn Wingate’s original ruling. The courts will hear the iMEGA petition in conjunction with one filed by the Interactive Gaming Council (IGC), both contending that the lower court did not have the jurisdiction to order the domain seizures in the first place.

“We’re please that the Court of Appeals has given us the opportunity to challenge these seizures,” said Joe Brennan Jr., iMEGA’s chairman. “The commonwealth has tried to take these domains for their own financial gain, violating Kentucky law, exceeding their jurisdiction, and setting a terrible precedent in the process.”

Right now, the Supreme Court is (re)considering connotations of the F-word when mentioned in passing on TV. That seems particularly interesting — at least in terms of the perspective it provides — as I’m reading what Bill Poser has to say about the Kentucky domain seizure cases. Poser is a linguistics expert who contends that Gov. Steve Beshear’s claims have no teeth, because of a linguistics problem treating a domain name like a “gambling device” … which he contends simply holds no legal water.

In addition, this non-poker blogger says the case has problems because:

* Many people like internet gambling.
* Many people think that it is none of the State’s business.
* The State’s action is not the result of a consistent anti-gambling policy but is pure rent-seeking. Kentucky is a gambling-friendly state. It is just trying to reduce the competition.
* Quite a few of the domain names are not in fact associated with internet gambling sites.
* The court’s ex parte order violates due process.
* The court does not have jurisdiction over either the businesses or the domain name registrars.
* The court’s action violates the Commerce Clause of the Constitution.

For those of you who care about the outcome of this case — and really, we all should, regardless of how we feel about poker, because it potentially impacts anyone who uses the F-ing internet — check out the rest of what he has to say.

Affected by the IP ban:

Illinois
Indiana
Louisiana
Michigan
New Jersey
New York
Nevada
Oregon
South Dakota
Utah
Wisconsin
Washington
Kentucky

Not sure how Nevada’s being included in this affects Doyle Brunson’s ability to play on his own site.

Well, so much for all those jerks who said we’d never last six months! LOL! In Part 1 of this two-part special we not only have fun and celebrate our two- year anniversary, but also cover industry news from Kentucky, and what some Scientists and Psychologists think about our industry!

From APCW.org:

In Part 2 we flash back to my college days (as a gay superhero) more than 15 years ago! Plus, see your donations at work as we wrap-up our Hurricane Ike Relief Fund project on location in Houston and Galveston, Texas! Click here for Part 2.

Well, to be truthful, it coulda been a lot worse! On first glance, it may look like Kentucky Governor Steve Beshear has won this court case… but not so fast. While it’s true that the court upheld the state’s right to seize the domain names, the did give online gambling company’s an out! Tune in to see!

We also release the results of our Bodog cash out audits to see how long it really takes for players to get their money… plus ask why so many online gamblers seem to be in favor of electing John McCain!

From APCW.org:

The PPA’s public response to the courtroom loss:

PPA Disappointed in Ruling in KY Domain Name Seizure Case

WASHINGTON, DC. (October 16, 2008) –The Poker Players Alliance (PPA), the leading poker grassroots advocacy group with more than one million members nationwide and more than 16,000 members in the Commonwealth of Kentucky, today expressed its disappointment in the ruling by the Franklin Circuit Court that states poker is not a game of skill and maintained the Commonwealth’s right to seize the domain names of Internet gambling websites if these sites do not “geo-block” access for residents of Kentucky.

“Clearly, we believe the judge in this case got it wrong,” said John Pappas, executive director of the PPA. “First of all, we strongly disagree with Judge Wingate’s ruling that poker is not a game of skill. As demonstrated in the amicus brief we filed, skill plays an essential role in being a successful poker player. Additionally, we believe that by confirming Governor Beshear’s actions, the court has set a dangerous precedent for censorship of the Internet. Today’s ruling is a big step backward for both personal rights and Internet freedom.”

More…

From the PPA:

We have just received word from our attorneys in Kentucky that Judge Thomas Wingate has ruled against us on all points. In his conclusion he orders the 141 online gaming sites to geographically block and prove that they have done so before the Commonwealth of Kentucky will release ownership of their domain names.

Click here to read the court decision.

(Funny-ironic that I put up my first affiliate link in like forever shortly before this decision?)

UPDATE: In addition to Kentucky’s semi-unprecedented action, Turkey is blocking websites left and right, China is cracking down at internet cafes, and it appears that net freedom will not be an issue of any weight in the homestretch of this election season.

MEANWHILE: Italy has updated its laws and just granted a license to PokerStars.

From APCW.org:

Exposing John McCain! How deeply is he tied to the gambling industry? Does he want to criminalize online gambling? Why are Washington ethics groups calling for an investigation of his gambling activity? It’s certainly not our job to tell Americans whom to vote for this November, but it is our job to make sure people make the most informed decisions that they can. To that end, we have been doing some digging this week on what John McCain says and what John McCain does… and they don’t always seem to agree when it comes to gambling! Plus an in-depth look at the Kentucky domain name game.

The attorneys for all sides have rested their cases, and Franklin County Circuit Judge Thomas Wingate hopes to have a decision by next week, October 15th to be exact. The Associated Press is following the story.

Attorneys for Kentucky tried to make the case that the domain names of 141 gaming websites should be treated as “illegal gambling devices” and blocked so that Kentucky residents cannot access them. On the other side, attorneys representing numerous websites in question spoke up to argue that the domain names are not “devices” and don’t even exist in Kentucky, and thus, the state has no jurisdiction to take control of them.

The case is in the hands of the judge.

Arguments are being heard today in the Franklin County Circuit Court in Kentucky regarding the attempted seizure of 141 gaming-related domain names.

At the request of Governor Steve Beshear, the Commonwealth of Kentucky filed a civil action on September 18, 2008 to order sites like Full Tilt, PokerStars, and Doyles Room seized if they didn’t willingly forfeit their domain names, and they would be transferred to the Commonwealth. The order claimed, as did Beshear in his press conference, that the internet domains were “used to promote, conduct, and/or advance illegal gambling within the Commonwealth of Kentucky.” After a continuance, the hearing is today.

According to Gambling911, the Commonwealth of Kentucky seized some of those sought-after domain names last night, including UltimateBet.com, DoylesRoom.com, and CakePoker.com. The three sites are still running as usual, but the Commonwealth could reportedly stop them at any time. Holy Massacre of the Constitution! No need for panic yet….

Attorneys defending the sites, and even some simply standing up for the rights of online poker like iMega, are in court right now trying to stop the madness. Since Dan is on a Clonie-stalking cruise in the Bahamas business trip and I am holed up in my L.A. apartment, we were unable to get to Kentucky for the hearing today. But the PPA is there and will provide updates, and Gambling911 is live blogging from the courtroom.

Updates here as they become available…

Governor Steve Beshear’s attempt to seize 141 gaming-related domain names is certainly not over in Kentucky. The Franklin County Circuit Court will hold its next hearing on the case on Tuesday, so the PPA is working with other organizations to hold a summit on Monday to put rational heads together and devise a plan to save online poker.

The emergency summit is actually being called by the Bluegrass Institute, an independent research and educational institution seeking free market solutions to Kentucky’s problems. The Bluegrass Institute will be joined by the Poker Players Alliance (PPA), Internet Commerce Association, Interactive Media Entertainment & Gaming Association (iMEGA), and Americans for Tax Reform.

When: Monday, October 6th at 1pm
Where: Capital Plaza Hotel in Frankfort, 405 Wilkinson Blvd

According to the PPA’s press release, the purpose of the summit will be as follows:

While the primary focus of the state’s action is online poker, the ramifications extend much farther into the entire realm of online commerce. This is a matter of the gravest importance, and the Bluegrass Institute is urging anyone with an interest in protecting internet freedom to join the protest against this egregious action.

Does Kentucky have jurisdiction to seize these domain names? What are the national and international ramifications should Kentucky succeed in this seizure order? What threat does this action make to the future of internet freedom and technological innovation? Do domain names fit the Kentucky statutorily definition of a gambling device?

Back from Barcelona and feelin’ feisty, we revisit the stupid stunts of the Governor of Kentucky in a not- so-respectful way. But don’t forget there’s other news, too… including updates on Barney Frank’s PSPA Bill which was passed a few weeks ago. Also, the status of the continuing iMEGA court case. Lastly, a brief musical look back at the CAP Convention… this show is a real “hoot”! LOL!

While the poker community focuses a great deal of attention on the Kentucky governor’s attempt at censorship and the potential for Rep. Barney Frank to do something with H.R. 6870 after it recently passed in the House Financial Services Committee, there are a few other poker news nuggets to pass on.

~Without so much as a press release to announce it, it seems that UltimateBet has signed Michael Binger as one of its newest team members. Oh, Michael, you too? Adam Levy has also joined the team, again with no official notice from the UB staff. The news came via Mean Gene’s UB Aruba blog and a picture posted from the welcome party.

~Short-Stacked Shamus gave his take on the recent issue of CardPlayer magazine in which Jeff Shulman said that CP was unaware of Scotty Nguyen’s unsportsmanlike behavior at the 2008 WSOP $50K HORSE event because of restricted media access at the final table. Disingenuous was the word over at Hard-Boiled Poker.

~It seems that the Eastern Europeans love them some internet gambling, and no recession will get in their way. A researcher with Global Betting and Gaming Consultants shows that a steady increase will continue because of favorable broadband and law changes, not to mention the Eastern Europeans’ “propensity to gamble.”

~Evidently, Senator John McCain likes him some gambling, specifically high-limit craps. How negative EV… The New York Times has looked into McCain’s ties to Indian gaming, and the gaming industry in general, and dug up some interesting info about lobbyists and McCain’s connections to them.

~The more I hear about WSOP “November Nine” chipleader Dennis Phillips, the more he seems like a great guy whose inner philanthropist has been able to shine with his $900K take-home money and potential for the $9.1 million first prize. In this episode of PokerRoad Radio released during the Borgata Poker Classic earlier this month, the guys sat down with Phillips and coach Roy Winston (huh?) where he explains that decision and his future plans.

This just in … the case got a continuance, allowing all sides to do a little more research. In the meantime, Howard Lederer and friends get to legally keep control of FullTiltPoker.com. Likewise for other sites.

The internet is temporarily safe.

The PPA responds:

PPA Statement on Kentucky Seizure of Poker Websites

WASHINGTON, DC. (September 23, 2008) – John Pappas, executive director of the Poker Players Alliance (PPA), the leading poker grassroots advocacy group with more than one million members nation-wide and more than 13,000 members in the Commonwealth of Kentucky, today issued the following statement in regards to legal action taken by the Commonwealth to seize the domain names of Internet gambling websites.

“The Poker Players Alliance is outraged at the actions taken by Kentucky Governor Steve Beshear and the Franklin County Circuit Court to seize the domain names of Internet gambling websites.  We believe this action not only unduly restricts the freedom of Kentucky residents to play games of skill, such as poker, online, but sets a precedent for censorship of the Internet by force.

“Many of Governor Beshear’s arguments – that online poker is illegal, unregulated and without a mechanism to capture tax revenue – are false. Online poker is not illegal under Kentucky law, is regulated in its home jurisdiction and the Commonwealth of Kentucky chose not to license and regulate poker websites.

“If the Governor truly wants to implement tighter regulations, taxation mechanisms and consumer protections on Internet gambling, the PPA suggests he publicly support federal legislation by U.S. House of Representatives Financial Services Chairman Barney Frank, H.R. 2460, which would achieve those goals

“Poker is a game of skill, a true American pastime and has a proud heritage in Kentucky. Simply because the game has evolved into the 21st Century, it should not be treated as suspect activity.  Forcefully and secretly seizing control of websites that offer online poker games is not a sound public policy or a sound legal solution.”

Wow friggin’ wow … sorry, trying to reign in the visceral reaction, but that’s all I can say the more I learn about what’s going on in Kentucky, and Gov. Steve Beshear’s intent on taking unprecedented legal action against online poker (and other online gambling) companies. Don’t think he’s serious — that this is an effort on which he’s willing to stake his political career? The state is already claiming to have seized legal control over FullTiltPoker.com and 140 other sites … and we all remember what happened to Bodog.com the last time American courts got into it with ICANN over issues of not-so-eminent domain.

Have a listen to Beshear’s declaration of war against an industry near and dear to so many of our hearts, and decide for yourself if you think he’s bluffing:

Steve Beshear vs. Online Poker (right-click to save/download)
Kentucky governor on the need for hostile domain takeover
Sep 22, 2008

(5 min 29 sec)

Prediction: If this case makes it into court in any non-frivolous way, it will end up in the Supreme Court. With or without online poker as a defendant, Kentucky is challenging what government can and can’t do in terms of policing/taxing the internet, issues of states rights vs. federal law, and matters of international treaty and internet jurisdiction to boot.

More…

The governor wants to erect a massive force field around the entire state to protect its citizens (and visitors) from electronically accessing the evils of untaxed gambling.

And we thought Washington state was bad for making it a felony to play online poker … now, in Kentucky, Governor Steve Beshear is trying to seize control of 141 gambling-related sites, blocking access to the likes of Full Tilt, PokerStars, Bodog, et al.

[Via AintLuck.com]

Yikes, this is some pathetic/scary shit. Not because he’s declaring sites we know and love as criminal enterprises, but because the guv wants to control its citizens’ private web access!

Um, hello, communism? What makes it worse is that he seems to be doing it on behalf of the brick-and-mortar casino industry … dude, I know you guys are slow in Kentucky, but the idea that online play hurts as opposed to helps casinos went dead in like 2006. No details on how one would actually block the internet within state lines … I suppose you can force your cable and phone providers to behave in certain ways … but, um, out-of-town cell phones maybe? Seriously, ‘Tucky-Guv-Dude, are you really that out of touch with the world/American Constitution?

[Non-topical, anti-Republican rant deleted] Stupid Democrat.