Kentucky Fried Gambling

In a move few thought would happen, the legal processes started rolling today to censure online gaming websites that are deemed undesirable to USA citizens. In a Kentucky ruling delivered today, Judge Thomas Wingate gave the go-ahead for up to 141 domains in the online gaming sector to be siezed unless they agreed to block access to Kentucky residents within 30 days (Upd: extended deadline December 3rd).

The domains are no backstreet domains either. They include industry giants such as Party Poker, Full Tilt Poker, Golden Palace, Bodog, Absolute Poker and Microgaming among others. Observers have been quick to point out that should this go through, the precedent of website censorship will be set in the USA and could in future extend to any website of which US States and/or their representatives disapprove.

The case itself, bought last month by Governor of Kentucky Steve Beshear, came as a major surprise in so much as Kentucky is exercising jurisdiction over “Out-Of-State” domain names, rendering any domain name potentially open to similar ruling. Just as odd is that Kentucky doesn’t have a law regarding online gambling, but is instead relying on an older law relating to “illegal gambling devices” which defence lawyers argued carried insufficient definition relating to this case.

Judge Wingate’s decision has fuelled speculation that the ruling has been made under pressure from Kentucky’s prominent and lucrative horse racing industry. If proved correct, that in itself could well raise concerns in the US political arena as to whether indeed Kentucky politicians are representing the electorate or merely acting on self interest. One observer argued the case that freedom of choice for US residents must not be compromised to protect a lucrative business, no matter how valuable it is to the State, as it would be acting directly against the US constitution.

Of course, it is highly likely that the companies hit by this ruling will go to a court of appeal, in the first instance the Kentucky Appellate Court although sceptics have been quick to point out that the politics behind the case may make an unbiased ruling here impossible. Only time will tell.

Either way, the era of Internet censorship may well have arrived in the USA and is set to be a hot topic for years to come.

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