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.

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:

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.

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!

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.