The Internet Commerce Associaton (ICA) urged Kentucky Supreme Court in a brief ,to uphold the decision of the Court of Appeals,according with domain names are not "gambling devices".There are many organizations which sustain this issue,such as Center for Democracy and Technology (CDT), Electronic Frontier Foundation (EFF) and the American Civil Liberties Union of Kentucky (ACLU-KY).The brief responds to an appeal filed by the Commonwealth of Kentucky after it lost at the Court of Appeals level. Kentucky’s 2008 seizure of gambling site domains sent shock waves through the domain name investment and development community because, if permitted by the courts, it would have established an extremely dangerous precedent by which any government entity could claim jurisdiction over a domain name simply because its website could be viewed from within its borders, and then attempt to seize the domain name without advance notice or due process.
The brief also urges the court to recognize other legal principles that would block an attempted seizure.Those principles are:
"1. Such a seizure would violate the Constitution’s First Amendment right of free speech, constituting impermissible prior restraint of both domain owners and Internet users.
2. Such state action is preempted by the Commerce Clause of the Constitution, which prohibits state regulation of interstate and foreign commerce.
3. Such state action conflicts with and is preempted by the Federal Communications Decency Act, which immunizes providers of interactive computer services from the threat of such state action.
4. Such seizure violates the due process rights of domain name registrars because the state cannot exercise personal jurisdiction over them and such personal jurisdiction is a prerequisite for effecting any seizure order. Further, Kentucky courts are not forums “of competent jurisdiction” under ICANN’s Uniform Dispute Resolution Policy (UDRP).
5. Such seizure imposes unrealistic and potentially devastating burdens on domain name owners to implement geographic filtering of their content so that the associated website cannot be viewed in jurisdictions where some aspect of it may be regarded as unlawful."
http://www.internetcommerce.org/