Internet Commerce Association - ICA

Jeremiah Johnston, President of the Internet Commerce Association, today issued this statement on behalf of the ICA in response to the Opinion and Order of Judge Thomas Wingate of the Franklin Circuit Court in the matter of Commonwealth of Kentucky vs. 141 Internet Domain Names:

Judge Wingate announced that his ruling, expected today, on the seizue of 141 domain names is postponed. News of the Ruling will be published here as soon as we get it.

Judge Wingate, the Judge in the Kentucky domain seizure case, said today that he needs seven days to decide whether to dismiss the case or to move forward with a forfeiture hearing.

I write this as I am on my way to Kentucky to represent Internet Commerce Association at a press summit about Kentucky’s seizure order of 141 domain names. ICA also filed an amicus brief with the court.

MEDIA ADVISORY

Internet Commerce Association to Participate in Emergency Summit on the State of Kentucky’s Domain Seizure Order

ICA’s Michael Collins to Join Panel Focused on the State’s Unprecedented, Wrongful Seizure of 141 Business Domains

At our Annual meeting in Brooklyn, Lori Anne Wardi, CEO of Dream Big Media requested ICA assistance in regard to an ongoing trademark dispute she has with mTLD, operator of the .mobi registry. In mTLD’s various responses to US Trademark Office, it takes the position that the public can use the term “.Mobi” as a domain extension; but should not be able to use the broad term “Mobi” to the left of the dot.

Compared to Kentucky, even China seems respectful of other governments’ jurisdiction. China isn’t trying to seize domain names of businesses or organizations that operate outside of China in order to block content that is illegal there. At least I haven’t heard of China trying to seize DalaiLama.com or LexingtonShambhala.org, a Kentucky Buddhist church’s domain name.

September 24, 2008  - Statement from Jeremiah Johnston, President

The Internet Commerce Association is aware of the extreme concern of ICA members regarding the action of Kentucky Governor Steve Beshear ordering the seizure of 141 gaming related domain names. It appears that there may be no statutory basis for this unprecedented action, that Kentucky may lack sufficient jurisdictional grounds and that it also may violate the Commerce Clause of the US Constitution.

ICA is working to within ICANN to reduce the problems often faced by domainers when they want to transfer domains to the registrar of their choice. I recently participated in an ICANN drafting group chaired by ICA member, Mike O’Conner. 

Australian conference supports domain name industry non-profit organization