While the Kentucky Supreme Court takes its time to consider overturning last month’s decision of the state appeals court rejecting Governor Steve Beshear’s attempt to seize 141 domain names on the grounds that they were “gambling devices”, the state of New York wasted no time introducing legislation to avoid any similar disputes over the interpretation of their state’s anti-gambling measures.
The bill, A. 3079, would add a computer used for illegal gambling to the Penal Law’s definition of a "gambling device." The bill also would include Internet gambling within the Penal Law’s definition of to "advance gambling activity" and to "profit from gambling activity.” While this move may signal an attempt to avoid confusion, the Internet Commerce Association will be keeping a close to ensure any new legislation respects the well-established principles of jurisdiction regarding online content.