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Re: Kentucky's Legal Bet: A Case of Pushing the States' Rights Envelope
Posted by: Erika Morphy 2008-11-11 05:14:27
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Lost in the furious run-up to the November elections was a Kentucky court ruling that could unravel a long-established legal argument supporting basic e-commerce activity: namely, that local or state governments cannot extend their reach into cyberspace to impose their own laws on a Web site. Because that precept is considered so fundamental to e-commerce, it is likely that any challenge to it will eventually be dismissed or overturned. If not, the ramifications would be chilling for e-commerce.
The concept of using domain name forfeiture as a penalty raises some questions. What if both the defendant and the domain name registry are outside US jurisdiction (e.g. gambling.kz)?
And what if some gambling operator decided to forego the domain name altogether and just put everything behind a single IP address and just advertise that in lieu of a name?
And what if some gambling operator decided to forego the domain name altogether and just put everything behind a single IP address and just advertise that in lieu of a name?
