Appeals Court Rules Out Internet Domain Seizure & Franklin Circuit Judge Wingate
We have been following Governor Beshear's ridiculous plan to control the Internet for some time now.
At our last update, the Kentucky Court of Appeals had stepped in to remove the case from the jurisdiction of the Franklin Circuit Court. Now the Court of Appeals has amusingly ruled both on the case and on Judge Wingate.
First, the Court of Appeals ruled that the state lacked jurisdiction to seize the domain names. We have yet to see the ruling, but the report notes disappointingly that the lack of jurisdiction is due to the lack of legislation declaring a domain name to be a gambling device. We would prefer to see an acknowledgment that the state of Kentucky lacks jurisdiction to censor domain names.
Secondly, the court ruled that "a Franklin Circuit Court judge cannot hold further hearings on the issue." To have the case removed from his hands and then a ruling that he is not to dally in the case again has to be somewhat embarrassing for Judge Wingate.
