In a move reminiscent of the Kentucky domain name seizures of 2008, Minnesota has decided to become one of the few states that will censor the internet for its residents. Though there are no seizures involved in this case, the invasion on personal rights is no less intrusive.

Minnesota newspapers are reporting this morning that the Minnesota Department of Public Safety (DPS) Alcohol and Gambling Enforcement Division (AGED) issued written notices to the 11 national and regional telephone and internet service providers, such as AT&T, Charter Communications, Comcast, and Sprint/Nextel, which provide services to its state’s residents. Said notices contain instructions to prohibit any computer assigned to Minnesotans to be blocked from accessing a list of nearly 200 online gambling websites. Access to corresponding gambling company phone numbers will also be blocked.

Reportedly, the notices require the service providers to respond within two to three weeks. If no response is received, AGED will report the company as non-compliant to the Federal Communications Commission (FCC), which may prompt further action on a federal level.

The precedent for the action dates back to the 1961 Federal Wire Act that prohibits interstate wagering using wire communication, though this is the first time the state of Minnesota has attempted to apply the law to online gambling websites. In its letter to the aforementioned service providers, the DPS cited U.S. Code, Title 18, Section 1084(d), which claims to give jurisdiction to the courts of the state to enforce the law. But what prompted the action at this point in time is unclear.

AGED Director John Willems commented, “We are putting site operators and Minnesota online gamblers on notice and in advance. Disruption of these sites’ cash flow will negatively impact their business models. State residents with online escrow accounts should be aware that access to their accounts may be jeopardized and their funds in peril.”

When the state of Kentucky attempted to seize domain names in 2008 in order to control residents’ access to online gambling sites, the case was thrown out in the appeals process, though it is not being appealed by the Commonwealth to the state’s supreme court. What Minnesota has attempted to do is use the intermediary companies to block access, which puts an extreme burden on those companies while suddenly cutting off residents of the state from withdrawing their own funds from the sites or even contacting those companies by phone to straighten out accounts.

The sudden nature of this move by Minnesota provides no clear reasoning to the residents of its state. Willems only generally explained, “In Minnesota, and for Minnesotans, the primary issues are legality, state self-governance and accountability. In broader context, the long-running debate on online gambling continues to raise significant issues, including absence of policy and regulation, individual rights, societal impact, international fair-trade practices, and funding for criminal and terrorist organizations.”

In all likelihood, the Poker Players Alliance and other organizations will be taking swift action to oppose the actions of AGED.

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