Groups Urge Court To Vacate Domain Name Seizure
Three public interest groups have filed a friend-of-the court brief urging a Kentucky appeals court to overturn a lower court ruling that authorized the seizure of more than 100 Internet domain names associated with Web sites operating around the globe. The Center for Democracy and Technology, Electronic Frontier Foundation and American Civil Liberties Union argue that if the ruling stands, it would wreak havoc on Internet free speech and governance. "No speech that conflicts with any law, anywhere in the world, would be safe from censorship," CDT's John Morris said.
In a move to combat what it viewed as illegal online gambling, Kentucky regulators convinced a state court to "seize" 141 domain names because the names allegedly constituted "gambling devices" that are banned under state law -- even though the sites were owned and operated by individuals outside of the state, and in many cases even outside of the country, EFF said in a release. Unless the sites screened out Kentucky users, the court held, the seizure order was proper. The groups' brief argues the seizure order was invalid because it threatened to impede access to a range of materials protected by the First Amendment.
"The court's theory -- that a state court can order the seizure of Internet domain names regardless of where the site was registered -- is not only wrong but dangerous," EFF attorney Matt Zimmerman said. "If the mere ability to access a Web site gives every court on the planet the authority to seize a domain name if a site's content is in some way inconsistent with local law, the laws of the most world's most repressive regimes will effectively control cyberspace."
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