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Outrage over the Kentucky domain name case has spread.  Although many people have blown this case off as yet another problem for online casinos to deal with, the threat posed by the actions of Governor Steve Beshear extends beyond online casinos to the very existence of the Internet as we know it; a source of free and unfiltered information. 

Many people, especially in the gambling industry, have refused to take this lying down.  According to Jeff Laytin, a partner in Sullivan and Worcester’s online gaming law specialty practice, there is are several counter attacks being lined up to fight this court ruling and its coming from several different industries. 

“The notion that a state court can seize a domain name to protect a local concern -- trust me -- will be challenged in a lot of business sectors,” he said.

There are many ways this case has impact beyond the gambling industry, it by no means affects only online casinos. 

“What about fantasy sports sites?” continued Laytin.

“If any one state – such as Florida, for example – decides a site like CBSports.com is illegal because of the fantasy game element, it could seize the domain name and shut it down very quickly.”

President of the Internet Commerce Association, Jeremiah Johnston, is concerned that if the ruling stands and Kentucky is allowed to seize the domain names of these online casinos this logic could be applied to other sectors of the Internet and ecommerce. 

“A reversal would have a chilling effect on e-commerce,” said Johnston.

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