Can a State Seize an Internet Gambling Website's Domain Name? An Analysis of the Kentucky Case

Authors

Kirk D. Homeyer

Abstract

The newly developed Internet gambling forum has produced myriad legal issues affecting state, federal, and international law. The difficulty in addressing the issues arises from the ubiquity of the Internet. Based on an analysis of the Kentucky Case, this Note argues that a state cannot seize an Internet gambling website’s domain name for violating that state’s laws. First, Kentucky did not have personal jurisdiction over the gambling domain names’ registrars to have authority to seize them. Second, Kentucky’s gambling statute violates the Commerce Clause. Part II provides background to and the facts underlying the Kentucky Case and its procedural posture. Part III discusses legislation—both federal legislation and Kentucky’s statute—affecting Internet gambling. Part IV addresses the critical jurisdictional and constitutional issues that arise when a state attempts to seize domain names. Finally, Part V articulates the rationale behind this Note’s argument that a state cannot seize an Internet gambling website’s domain name for violating a state law.

Publication Citation

2 UNLV Gaming L.J. 107 (2011)

Recommended Citation

Homeyer, Kirk D. (2011) "Can a State Seize an Internet Gambling Website's Domain Name? An Analysis of the Kentucky Case," UNLV Gaming Law Journal: Vol. 2: Iss. 1, Article 6.
Available at: https://scholars.law.unlv.edu/glj/vol2/iss1/6