Harmful Precedent in Kentucky Domain Seizure Move

The actions of the governor and attorneys for the Commonwealth of Kentucky, in their quest to seize control of 141 domains, will create a harmful precedent that would reach to all sectors of the Internet. It will be a terrible blow against Internet freedom, industry and, most importantly, every user of the Internet in the United States.

Gov. Steve Beshear (D) instructed his attorneys to file this action swiftly and in secret. Why? Maybe the governor and his team did it for a simple reason: they knew, or should have known, that what they were doing was wrong, and violated the spirit and letter of the laws of our country.

Secret court proceedings. Sealed records. Seizure of property. No due process. Cynical and arbitrary assaults on civil liberties. This is what the online world is facing in Kentucky.

Should the actions of Kentucky’s chief executive stand, the harm to Internet freedom would be immense. What a powerful weapon would be placed in the hands of government: to arbitrarily seize politically, religiously, or culturally-based Internet domains that may run contrary to the views of those in power.

That is very tough rhetoric, but is it over-blown? Not when you look at the motivation behind the actions in Kentucky. Until now, the battle over Internet gambling was largely between site operators and users, and those who believe that gambling - in any form - is morally objectionable. While we may disagree with the latter, we respect their views as honestly held, emanating from their faith.

But Kentucky is not trying to wage a moral battle. The governor is not claiming to protect the citizens of the commonwealth from “the evils of gambling”. Instead, he is trying to have them all to himself. That is because Gov. Steve Beshear is a big supporter of gambling in Kentucky, and he wants to keep the money. So why not use his and the Kentucky courts’ power to take out the competition?

Gov. Beshear is also protective of the commonwealth’s status in the sports betting world - the Kentucky Derby is second only to the Super Bowl in the amounts wagered each year. But why so defensive? Kentucky’s august thoroughbred industry uniquely benefited by receiving an exemption from the Unlawful Internet Gambling Enforcement Act of 2006, allowing their operators to take bets on races via the Internet.

So you will have to forgive us for taking the long view of the potential harm in this matter. Gov. Beshear will leave office one day. We hope he does not leave a legacy as the creator of the ultimate weapon for suppressing Internet freedom.