Kentucky District Judge Thomas Windgate refused to dismiss the decision to block 141 Internet gambling sites, causing confusion among gambling site owners, the industry in general and Internet advocates at the same time. The judge gave the sites 30 days to block the access of Kentucky users, otherwise they will be forced to transfer their domain names to the state of Kentucky.

The judge wrote in his decision that not even the Internet is above the law, and that despite claims that such an interference would create havoc, the argument is not strong enough to ruffle the court. Judge Windgate will make its final decision on the case on November 17.

The matter is very controversial. On the one hand, Governor Steve Beshear applauded the ruling, saying the court has validated their concern regarding illegal Internet gambling in Kentucky.

“No one has been willing to step up and do anything about illegal Internet gambling until now,” Beshear said. “We must protect our people, especially our children, from this illegal and unregulated activity while also protecting our legal and regulated forms of gaming in Kentucky.”

On the other hand, Jeremiah Johnston, president of the Internet Commerce Association (ICA), said he was disappointed with the decision, which he considered dangerous not just for domain name investors, but also for developers, and for free speech on the Internet in general.

Johnston also expressed fears that if the logic of the decision will continue to be adopted broadly, Internet commerce and speech would be at risk on a global basis. “The remedy proposed by the court … is infeasible for individual domain names which would be subject to different laws and regulation in thousands of jurisdictions worldwide.”