from the guilty-until-proven-innocent dept
It appears that the federal government has really fallen in love with its new found ability to simply seize whatever websites they don't like. The latest is that the FBI (not DHS this time) has
seized the three largest online poker websites, PokerStars, Full Tilt Poker and Absolute Poker, and indicted the founders of those sites. Some have already been arrested with warrants out for the others. Because, you know, poker is destroying society or something. While at least this time it actually commenced legal actions in association with the seizures, the more the government does this, the more it's going to make sure this new favorite tool (domain seizures) gets shot down by the courts.
First of all, whether or not those sites are illegal is something of an open question. Back in 2006, as part of a bill to protect our ports and harbors (I'm not kidding), Congress passed a
"ban" on online gambling. But it's been a pretty open question as to whether or not poker sites really applied. There are questions as to whether or not poker is a game of skill or chance, with at least one court saying that it was
the former, and thus not necessarily "gambling."
On top of that, some in Congress have been working hard for a while to
clarify that online poker is legal.
Even if you accept the idea that these sites are breaking the law -- which is a big open question -- is it really okay to simply seize the domains prior to an adversarial hearing? File charges, bring it to court, and have the government ask for an injunction, allowing the site operators to state the basics of their case. Seizing the domains seems like a massive government overreach (yet again).
Of course, the interesting thing to me is that this may get a
lot more people interested in the federal government's new love of seizing domain names prior to any real due process. Perhaps not that many people are all that concerned when the issue was the "boring" question of copyright, but an awful lot of people play online poker, and they are unlikely to appreciate the seizures...
Filed Under: domain seizures, fbi, online poker, poker
Companies: absolute poker, full tilt poker, pokerstars
