10-22-2008, 12:25 AM
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Marketing & Strategy
Industry Role:
Join Date: Jun 2001
Location: Former nomad
Posts: 14,293
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Quote:
Originally Posted by socalkev
It is now being openly speculated that KY Governor Steve Beshear may target adult sites selling to residents of the state of KY - if he does pursue this course of action, are any of the billing companies capable of implementing Geo-IP blocking software on a state by state basis? Are any of the hosting companies?
According to this article, Kentucky Judge Thomas Wingate wrote that "The Internet, with all its benefits and advantages to modern-day commerce and life, is still not above the law, whether on an international or municipal level." Following this logic, you could lose a domain not only for offending the laws of another country - like Iran - but also for violating the law of ANY CITY in any state or country! Again, it is just a magazine article - but anyone want to bet how long it is before Kentucky, Utah, or some other place starts trying?
I am seriously hoping that saner heads will prevail as this case rises through the court system - seriously, almost everything on the Internet offends someone - never mind that nasty little thing called the 1st Amendment. But in the meantime, I hope that our billing and hosting companies take note of what is happening in Kentucky right now.
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I think it will be VERY hard to get a case against any website to bypass the 1st Amendment. As the judge himself said, it's still not above the law. 
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If you don't do it, somebody else will - true story!
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