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#1
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Will the U.S. try to stop online gambling
I'm just wondering if the U.S. is making any current attempts to stop online gambling?
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#2
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Re: Will the U.S. try to stop online gambling
they cant stop online gambling since the sights arent in the US. They can make it difficult to put money into the sights which would kill the fish pool pretty fast.
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#3
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Re: Will the U.S. try to stop online gambling
Couldn't they simply make it illegal for American citizens to gamble online?
Couldn't they also simply order that American ISP's block access to offshore gaming sites? |
#4
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Re: Will the U.S. try to stop online gambling
[ QUOTE ]
Couldn't they simply make it illegal for American citizens to gamble online? [/ QUOTE ] It is in many states under strange old laws. Wake_up_CALL, this is right up your alley. I know you have the info on this and how the wire act applies if it applies at all, etc. |
#5
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Re: Will the U.S. try to stop online gambling
Thanks for the endorsement CrackerZack. [img]/images/graemlins/smile.gif[/img]
The Federal Wire Act of 1960 applies specifically to "any sporting event or contest". This has been further clarified to not include the person placing the bet but only the person accepting the bet and according to the the US 5th Circuit of Appeals to sports betting only. Although the US Attorney Generals Office publicly disagrees with this interpretation the only recourse left is to appeal the relevant 5th Court decision to the US Supreme Court (which they have declined to do) or for the US Congress to either modify the current statute or write new laws specifically with internet gambling as it's focus (which they have attempted to pass the last two sessions of Congress). As I believe someone mentioned above Congress has focused on the transaction aspects of internet gambling, so far refusing to distinguish between games of skill or chance. See Title 18 Part I Chapter 50 Sec. 1084 of the US criminal code for further information. As CrackerZack wrote this act does not preclude States from enacting more restrictive laws. As far as I know Nevada is the only state to modify their laws with specific language that includes the word "internet". Wake |
#6
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Re: Will the U.S. try to stop online gambling
Speaking of Nevada, what is the exact law? Is it sports betting only or does it apply to poker as well?
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#7
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Re: Will the U.S. try to stop online gambling
Although the US Attorney Generals Office publicly disagrees with this interpretation the only recourse left is to appeal the relevant 5th Court decision to the US Supreme Court (which they have declined to do) or for the US Congress to either modify the current statute or write new laws specifically with internet gambling as it's focus (which they have attempted to pass the last two sessions of Congress).
....or wait for a nice set of facts (involving allegations of money laundering, drugs, terrorism, etc) in any of the 11 other circuits (who don't have to follow the 5th Circuit's ruling- the 5th circuit encompasses TX, LA and MS) and bring a case there hoping for a more favorable interpretation. |
#8
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Re: Will the U.S. try to stop online gambling
So, Nevada is the only state to ban this particular type of gambling? Does this qualify for our "irony" discussion?
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#9
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Re: Will the U.S. try to stop online gambling
That 5th Circuit case is interesting. You can find it at:
http://caselaw.lp.findlaw.com/data2/...h/0130389p.pdf It wasn't brought by the Justice Dept. It involved RICO lawsuits brought by 2 internet gamblers looking to avoid their losses and, actually, these 2 were chosen as test cases from 33 identical suits that were pending in Louisiana at the time. I guess internet poker players' greatest enemies are themselves. We might see more of these types of suits, perhaps brought using general state anti-gambling laws, which are much more vague than the Wire Act. |
#10
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Re: Will the U.S. try to stop online gambling
To quote Colin Montgomerie in one of the funniest interviews I saw, "Have you been away?"
They've been making it more and more difficult as they find ways. Poker hasn't been a direct target yet but sportsbooks and other sites have. |
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