Kentucky Domain Seizure Update

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We really have not heard anything about the legal battles in Kentucky over the seizures of the domain names since Circuit Court Judge Thomas Wingate last ruled in favor of the state of Kentucky.  The last piece of news that we did receive was that the lawyers that were representing the 141 domains had filed an appeal almost immediately after the ruling was handed down by Judge Wingate. Well that appeal was granted and now just yesterday December 12 the lawyers representing the domains finally got to have their chance once again in court but this time in front of the Kentucky Appellate Panel. The panel included three separate judges which were Judge Michelle Keller, Judge Michael Caperton and Judge Jeff Taylor.

When the lawyers had their time in court yesterday they were focused on three different points of arguments which say that this case should have been thrown out in the first court appearance. Those points that they were focused on were whether Kentucky has the legal authority to seize domains registered outside that state, whether the US Commerce Clause prevents a state from taking actions that could affect commerce on the national or international level and whether the domain-seizure itself was applicable – attorneys for the sites argued that a seizure could only take place after a criminal conviction, and not a civil one, and the seizure was done as a civil matter.

The Kentucky Appellate Court Judges have decided to wait and go over each argument thoroughly before making any ruling on the case. It is likely that there will not be a ruling on the case until early 2009, but no later than March. When we hear anything about any ruling we will be one of the first to let you know of every detail.

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