Minnesota requests ISPs block online gambling sites

Novel effort in Minnesota seeks ISP gambling block [Associated Press]

Internet service providers that do business in Minnesota have received a request from that state's Department of Public Safety requesting that they block their users from accessing 200 online gambling web sites. In an attempt to restrict the usage of the Internet for gambling by Minnesota residents, the state has adopted a novel (and potentially misguided) legal argument. They cite a federal law that restricts common carriers - which usually applies to phone companies - from allowing their telecommunications services to be used for wagering. The question is, whether the federal law can be applied to ISPs, since the law's original intent was to prohibit the use of telephones to place bets.

The author of this article asked several ISPs whether they planned to comply with the state's request. All either declined comment or indicated that they were reviewing the request. Many states are looking to get their arms around online gambling sites, which are nearly all based outside the U.S., and not subject to U.S. jurisdiction. Recently in Kentucky, the state filed suit against a number of offshore gambling web sites. A Kentucky judge allowed the state to seize the domain names of those web sites, effectively shutting them down for a time.

Will ISPs comply with Minnesota's request? And, if not, will Minnesota file their own lawsuit based on the federal law they cite in their request?

Comments

[sineswiper]

http://www.thewhir.com/web-hosting-news/042709_EFF_Urges_KY_Court_to_Block_Domain_Seizure

An KY appeals court overturned that ruling and both the EFF and ACLU are fighting it.

"No state can order a domain name registrar over which it does not have jurisdiction to do anything," EFF senior staff attorney Matt Zimmerman said in a statement. "The commonwealth simply hasn't satisfied its burden here. Without these important protections, no website would be safe from arbitrary decisions by foreign courts to silence online content that they don't like."

Minnesota's request is no different, and just as unconstitutional.