BoycottKentucky.com

We’ve joined others in wondering why the Kentucky ACLU and the Electronic Frontier Foundation (EFF) haven’t been up in arms about the Kentucky case. Well, they came out swinging this week with a hard-hitting and well-written amicus brief. 

Here’s their press release:

The Electronic Frontier Foundation (EFF), the Center for Democracy and Technology (CDT), and the American Civil Liberties Union (ACLU) urged a Kentucky Court of Appeals Wednesday to vacate a lower court’s order authorizing the seizure of more than 100 Internet domain names associated with websites operating around the globe. The seizure, and the lower court’s exercise of jurisdiction over global domain names, threatens free speech across the Internet. In a move to combat what it viewed as illegal online gambling, the Commonwealth of Kentucky convinced a state court to “seize” 141 domain names because the names allegedly constituted “gambling devices” that are banned under Kentucky law — even though the sites were owned and operated by individuals outside of the state, and in many cases even outside of the country. Unless the sites screened out Kentucky users, the court held, the seizure order was proper.

In its amicus brief filed with the Court of Appeals on Wednesday in support of a writ vacating the judge’s order, EFF, CDT, and the ACLU argue that the First Amendment, the Commerce Clause, and the Due Process Clause of the Constitution prohibit state courts from interfering with Internet domain names that were registered and maintained outside the state. The brief argues that the seizure order was invalid because it threatened to impede access to a broad range of materials protected by the First Amendment.

“The court’s theory — that a state court can order the seizure of Internet domain names regardless of where the site was registered — is not only wrong but dangerous,” said EFF Senior Staff Attorney Matt Zimmerman. “If the mere ability to access a website gives every court on the planet the authority to seize a domain name if a site’s content is in some way inconsistent with local law, the laws of the most world’s most repressive regimes will effectively control cyberspace.”

As part of his ruling, the judge in Kentucky held that the domain names could be seized if they refused to implement “geographic blocks” to prevent Kentucky users from accessing the material. However, no such reliable filters exist, and even poor ones cost thousands of dollars. Any order requiring their use would unconstitutionally burden First Amendment rights.

“If the Kentucky order is upheld, no speech that conflicts with any law, anywhere in the world, would be safe from censorship,” said John Morris, general counsel for CDT. “Just as Kentucky is trying to take down sites located around the world, any government seeking to stifle free expression could try to interfere with lawful speech hosted in the United States.”

“A key free speech principle that has emerged from Internet litigation is this: Governments may not prohibit all access to websites as a remedy for unlawful behavior,” said David Friedman, ACLU of Kentucky General Counsel.

The Interactive Media Entertainment & Gaming Association (iMEGA) convinced the Court of Appeals of Kentucky to stay a December 3rd forfeiture hearing for 141 domain names. Kentucky Governor Stephen Beshear and Secretary of Justice and Public Safety Michael J. Brown sought the seizure of gaming-oriented domains in a widely-criticized effort to protect the state’s own gambling industry from competition by online gambling sites.

IMega asked the appeals court to stay the forfeiture hearing ordered by district court Judge Thomas Wingate scheduled for Dec. 3rd, until the appeals court had an opportunity to consider iMEGA’s petition to have the lower court seizure ruling overturned. A hearing to consider that petition is scheduled for Dec. 12th in Louisville, Kentucky.

The tide is beginning to turn here and victory is within our sights! Keep up the pressure and keep visiting BoycottKentucky.com for updates on this critical case!

If you’re a domain owner, website operator or Internet user, what Kentucky Governor Steve Beshear is trying to do should keep you up at night. A new mattress probably won’t help you much, but in just case you are shopping around for a new mattress or pillows, we wanted to point out the fact that the world-famous Tempur-Pedic is based in Lexington, Kentucky and from what we can tell, they’ve said nothing in opposition to Beshear’s power grab.

So, add Tempur-Pedic to the list of Kentucky-based companies you should avoid in protest of Governor Beshear’s actions.

Here’s the contact info for their IR guy:

Barry Hytinen
Vice President
Investor Relations and Financial Planning & Analysis
Tempur-Pedic International Inc.
(800) 805-3635
investor.relations@tempurpedic.com

Call Kentucky Governor Steve Beshear today and tell his staff that you oppose the Governor’s scary actions and urge him to reconsider his wanton seizure of lawfully owned domain names. His aggressive actions infringe on civil liberties, harm business and are costing Kentucky taxpayers money. Urge friends and family to call. Pass along this post. Let’s overwhelm the Governor’s switchboard and show him that we are outraged!!!

The number to call is (502) 564-2611.

So, we’ve already encouraged you to stop drinking bourbon as part of our worldwide boycott of everything Kentucky. We’ve also advised you to express your outrage against Kentucky Beshear’s ill-advised domain grab by skipping Pizza Hut, KFC, Taco Bell, Long John Silvers and A&W Restuarants. Today, we highlight the fact that both Papa John’s Pizza and Dippin’ Dots are both based in Kentucky. Dippin’ Dots are those odd little multi-colored ice cream beads sold in shopping malls. Now we knew that Kentucky was the horseracing capital of the world and the bourbon capital of the world, but who knew that Kentucky was also the junk food capital of the world? And Steve Beshear thinks domain names are the biggest threat to Kentucky’s kids? Just sayin’.

So stay out of Papa John’s and make the ultimate sacrifice of avoiding Dippin’ Dots as you support Internet freedoms. Here’s the contact info for both companies:

Terry Reeves
Corporate Communications Director
Dippin’ Dots, Inc. & Dippin’ Dots Franchising, Inc.
5101 Charter Oak Dr.
Paducah, KY 42001
(270) 415-3143
terree@dippindots.com

Tish Muldoon
Director, Public Relations
Papa John’s Pizza,
P.O. Box 99900
Louisville, Kentucky 40269
(502) 261-4987
tish_muldoon@papajohns.com

Send your emails, eat some carrots instead of ice cream and pizza and get ready for our Halloween phone blitz on Steve Beshear!

Gambling911.com is reporting that November 17th forfeiture hearing has been pushed back to December 3rd. Know what that means? More time to gather petition signatures!

Today we add Fruit of the Loom to our list of companies to avoid during the boycott spurred by Kentucky Governor Steve Beshear’s seizure of 141 domain names. The famous underwear maker is based in Bowling Green, Kentucky and you won’t find any contact info on their site, except for a basic contact form. Here’s what we found in whois, though and if you have a moment, you might want to drop Mr. Wells a line:

Fruit of the Loom, Inc.
Larry Wells
One Fruit of the Loom Drive
Bowling Green, KY 42103
lwells@fruit.com

Don’t forget to participate in our phone zap on Kentucky Governor Steve Beshear this Friday (10/31). Call him on Halloween at (502) 564-2611 and tell him his actions are downright scary.

We’ve started an online petition to Kentucky Governor Steve Beshear, which reads as follows:

“We, the undersigned, urge you to immediately cease and desist your efforts to undermine Internet commerce and civil liberties in your state and beyond. Your wanton seizure of 141 gaming-related domain names is capricious and has become a source of embarassment worldwide for the Commonwealth of Kentucky. As Kentucky endures the fiscal crisis sweeping the entire nation, we are apalled that taxpayers must foot the bill for your misguided crusade and we urge you to publicly disclose the total costs to date associated with your investigation and prosecution of this case. Please let us know that you will withdraw this case and re-focus your attention on governing responsibly and the multiple challenges facing Kentucky.”

We intend to print the signatures we’ve gathered and deliver them to Governor Beshear with a copy to Judge Thomas Wingate prior to the next hearing date, which is set for November 17, 2008.

Please add your name to the petition now!

Don’t forget to speard the word!

A few of you have asked about including bourbon in the boycott of Kentucky and products produced there. Avoid using products made by these companies and contact them to let them know why. If you don’t have time to call or email all of them, then simply drop shoot an email off to Kentucky Distillers’ Association to let them know that their members are paying the price for Governor Beshear’s actions.  Here’s a list of KY-based distillers and the contact info for each:

Kentucky Governor Steve Beshear has rationalized his seizure of 141 privately held domain names by asserting that “Unlicensed Internet gambling significantly undermines and threatens horseracing, Kentucky’s signature industry and a key tourism industry, by creating unregulated and untaxed competition” (press release 9/22/08)

Some have suggested that if Beshear is ultimately successful in his quest, then adult-oriented websites are up next for seizure. That’s probably true, but who’s on the hit last after that? Who else is “undermining” and “threatening” and “competing with” local businesses? Hmm…

Ebay? Yep. Those b*stards are crushing garage sales.

Amazon? Yeah. Who the hell do they think they are selling books for less and offering free shipping? (gasp).

TicketsNow? Alley-way scalpers across the nation are hurting and we must protect them now!

AmericanFlags.com? Selling Old Glory on the Internet is killing Home Depot and Lowes. Just look at their stock prices.

WebMD? Nobody pays $400 for 6 minutes with their doctors anymore thanks to these rascals. And aren’t they practicing unlicensed medicine anyway? Take that domain away right now!

Beshear and his ilk would undoubtedly say that these are far-fetched examples, and that the key here is “unlicensed” activities such as gaming. Ok. So if I sell insurance leads, or provide an informational site about alternative breast cancer tretaments, or feature a stock quote ticker on my website, am I engaged in “unlicensed” activities? Will I wake up in the morning to find that the Commonwealth of Kentucky, the State of New York, or maybe the Prime Minister of Malaysia has decided that my website is simply too dangerous and that it’s better off in their hands?

You can’t rule it out given what’s happening in Kentucky. This is your fight. Step up.

Whether you run any gambling websites or own a single domain name, the actions of Kentucky Governor Steve Beshear should scare the heck out of you.

Why?

Because Beshear has used the full power of his office to confiscate personal property.

Because he’s used Kentucky’s children as political cover, while conveniently ignoring the state’s liquor industry, horseracing industry, which includes online wagering at TwinSpires.com, and gaming conducted by the KY lottery.

Because he can set his sights on your domain name, your website or your business next.

Because arbitrarily shutting down websites should be left to China and other nations that could care less about civil liberties.

Because if Beshear succeeds, other pandering elected officials looking for press attention will surely follow suit.

Because by his own admission, Kentucky cops spent more than 500 man-hours playing online casino games to prove a point and Beshear has likely spent tens of thousands in taxpayer dollars in court as KY, like most states, faces a fiscal crisis.

Because what Beshear has done is just plain un-American and just plain wrong.

It’s time to speak up.

Governor Beshear’s actions are downright scary!!!

Call his office on 10/31/2008 and tell his staff that you oppose the Governor’s actions and urge him to reconsider his wanton seizure of lawfully owned domain names. His aggressive actions infringe on civil liberties, harm business and are costing Kentucky taxpayers money. Urge friends and family to call. Pass along this post. Let’s overwhelm the Governor’s switchboard on 10/31 and show him that we are outraged!!!

The number to call on Halloween is (502) 564-2611.

Today, we start to roll out our list of Kentucky-based companies to avoid. First up, is among the most obvious: Yum Brands. Founded in 1997 and based in Louisville, Yum operates or licenses Taco Bell, Pizza Hut, KFC, Long John Silvers and A&W Restaurants. Their fast food empire includes about 35,000 restaurants that bring in about $10 billion annually. Boycott these restaurants in your own community and maybe stop in to tell the local franchisee why you are opting out.

Then call Yum’s corporate office and ask them why they haven’t repudiated Governor Beshear’s actions. Here’s the number for Yum’s PR Department: (502) 874-7400.

My friend Mike Berkens raised this question a few days ago in a blog post about the Kentucky domain case. It’s a great question and one you should ask them.

Here’s their contact info:
ACLU of Kentucky
Website: http://aclu-ky.org
email: info@aclu-ky.org
Phone: (502) 581-1181
Executive Director: Michael Aldridge

We’ve emailed Mr. Aldridge the following:

Please send us any responses you receive for public posting!

We are building BoycottKentucky.com with an eye towards educating consumers about the egregious actions of Kentucky Governor Steve Beshear and mobilizing direct action in opposition to his seizure of 141 internet domain names. Boycotts have an important place in American history and we give props to Domain Name Wire and Online Casino Advisory for putting the idea on the table. Check back daily as we aggregate information about the Kentucky case and suggest concrete steps you can take to promote fairness and freedom in Kentucky and beyond.