Kentucky Court Stops Domain Seizures

LOS ANGELES — Kentucky's Court of Appeals has granted a motion to stay the state's transfer and seizure of 141 Internet domain names.

The case involves a move by Kentucky Governor Stephen Beshear and state Secretary of Justice and Public Safety, Michael J. Brown, to seize domain names belonging to online gambling websites. As a result, Franklin County Circuit Judge Thomas Wingate ordered a forfeiture hearing; while the Justice Cabinet also asked the court to order domain name registrars to transfer the targeted names to the state in advance of the forfeiture hearing.

"Unlicensed, unregulated, illegal Internet gambling poses a tremendous threat to the citizens of the commonwealth because of its ease, availability and anonymity," Beshear said. "The owners and operators of these illegal sites prey on Kentucky citizens, including our youth, and deprive the commonwealth of millions of dollars in revenue. It's an underworld wrought with scams and schemes."

Brown echoed Beshear's sentiments, and added another reason why the state should be allowed to seize these websites — to protect the children:

"Illegal Internet gambling poses a unique threat to our commonwealth. For individuals — particularly our youth — it is tantamount to a virtual home invasion. For some of our vital and most venerable legitimate enterprises, it undermines their exemplary regulatory compliance and siphons away their constituents," Brown said. "We are hopeful that once this litigation is concluded, the commonwealth will be off limits to these illegal purveyors."

Critics of the state's "block Kentucky residents from your website or have it seized" tactics, however, claim that the real motivation behind the seizure attempt is financial, as the comments by Brown about the "vital and most venerable legitimate enterprises" that have shown "exemplary regulatory compliance" (meaning, horse racing), illustrate. What is really happening is that the state is making way for established race track betting to go online, and wants to clear away the competition, which it sees as "siphon[ing] away their constituents" — and thus, tax income.

Washington-based Internet trade association Interactive Media Entertainment & Gaming Association (iMEGA) petitioned the appeals court to stay the forfeiture hearing while the lower court seizure ruling was appealed. The appeals court combined iMEGA's petition with one filed by the Interactive Gaming Council (IGC) of Vancouver, B.C.

"We're pleased that the Court of Appeals has given us the opportunity to challenge these seizures," Joe Brennan Jr., iMEGA's chairman, said. "The commonwealth has tried to take these domains for their own financial gain, violating Kentucky law, exceeding their jurisdiction, and setting a terrible precedent in the process."

The groups assert that the lower court did not have the jurisdiction to order the seizures and that it misused the state's "gambling devices" law to provide an excuse for permitting the seizures, among other claims.

"This matter has generated concerns across the online world about abuse of governmental power," Brennan said. "Kentucky is opening the door for any government — state and local, foreign and domestic — to use what amounts to blackmail to achieve its ends."

According to iMEGA, none of the 141 contested domain names are owned by individuals or companies located in Kentucky.

"If this precedent is allowed to stand, it's not hard to imagine a government like China utilizing this kind of seizure power to prevent free media, like the New York Times, from reaching their citizens," Brennan added.

A comment by "JMG" on the Techdirt blog summed it up nicely: "Kentucky has a bipolar disorder when it comes to gambling. On- and off-track horse race betting — good," JMG wrote. "Any other form of legalized gambling leads to organized crime, prostitution, broken homes and families, and other evils that harm the children."

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

FSC Publishes Guidance on New UK Pornography Laws

The Free Speech Coalition (FSC) has published information for its members on the United Kingdom's recently passed pornography laws, which take effect next week.

Brazil Issues Guide to Digital Safety Compliance

Brazil’s National Data Protection Agency (ANPD) published on Wednesday a new guide outlining online providers’ child-protection responsibilities under the Digital Statute for Children and Adolescents (Digital ECA), which requires adult websites to age-verify users located in Brazil.

AEBN Publishes Popular Searches by Country for August, September

AEBN has released the list of popular searches from its straight and gay theaters, by country, for August and September.

2027 XBIZ Exec Awards Nominees Announced for Adult Entertainment Edition

XBIZ is pleased to announce the nominees for the adult entertainment industry edition of the 2027 XBIZ Exec Awards, set to be presented as part of the annual XBIZ Honors ceremony on Friday, Jan. 8, in conjunction with the XBIZ 2027 event series.

Pineapple Support to Host 'Effective Parenting' Support Group

Pineapple Support is hosting a free online support group for performers with children.

XMA Nominations Party Set for Nov. 17 at Avalon Hollywood

A night that sets the stage for the flagship XMAs, this year’s nominations reveal party will take place at Avalon Hollywood on Tuesday, Nov. 17, with red-carpet arrivals starting at 8 p.m.

BrattyGirls.com Launches Through PAYSITE

Producer Robert Peru has launched his newest membership site, BrattyGirls, through PAYSITE.

Arcom Issues Warnings to 3 Adult Sites Over Age Verification

French media regulator Arcom has issued formal notices to the operators of three adult websites that the agency says have failed to implement age verification as required under French law.

AEBN Reveals Ariel Demure as Top Trans Star for Q3 of 2026

AEBN has named its top trans stars for the third quarter of 2026, with Ariel Demure landing atop the leaderboard.

Porn Piracy: How AI Is Transforming Content Theft and Protection

Gone are the days when the word “pirate” primarily conjured images of clever scoundrels like Captain Jack Sparrow, swaggering across the high seas in search of gold and jewels. Today’s most prolific pirates operate in the darkest corners of the internet, armed with bots, scrapers and generative AI.

Show More