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Cybertelecom Federal Internet Law & Policy An Educational Project |
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Gambling :: Reference | |
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- Gambling - Gambling Part II - Enforcement - Regulation - Reference - Ecommerce - Advertising - - Behavioral - Alcohol & Tobacco - Antitrust - Crypto - Delivery - DNS - E-Medicine - E Signatures - Fraud - Gambling - Intellectual Property - Online Investing - Privacy - Taxes - Statistics |
Legilsation
- House Panel Approves Internet Gambling Ban, eWeek 5/25/2006
- Legislative Hearing on H.R. 4777, the "Internet Gambling Prohibition Act.", House Judiciary 4/5/2006
© Cybertelecom ::
- 1961 - Wire Act Passed
- 1995 - Internet gambling born
- 1995 - HR 1495 Crime Prevention Act of 1995 (Sec. 1501 – Sen Kyl) (first legislation proposed to regulate Internet gambling)
- 1996 -H.R. 497 / S 704 National Gambling Impact Study Commission Act (calling for the National Gambling Impact Study Commission)
- Jan 26, 1998 - Sports Illustrated publishes issue on Internet sports gambling sites
- March 1998 - FBI arrests Jay Cohen and others for operating an online gambling site, charging them with violation of the Wire Act
- 1999 - National Gambling Impact Study Commission Final Report Released
- Managing Internet gambling in the workplace, First Monday 4/9/03
- GAO-03-89 INTERNET GAMBLING: An Overview of the Issues, GAO 3/24/03
- Mark Schopper, Internet Gambling, Electronic Cash & Money Laundering: The Unintended Consequences of a Monetary Control Scheme, 5 CHAP. L. REV. 303 (2002)
- Internet Gambling Related Regulatory Questions and Enforcement Problems: A Comparative U.S.-Swiss Perspective, STLR 9/6/02
- How to Create Win-Win Sweepstakes on the Internet, Legally By Jonathan Ezor Gigalaw
- Edward M Yures, Gambling on the Internet: The States Risk Playing Economic Roulette as the Internet Gambling Industry Spins Onward, 28 RUCTLJ 193 (2002).
- I. Nelson Rose, Gambling and the Law: Is Gambling on the Internet Legal? Feb 9, 2002 .
- Internet Gambling: An Overview of the Issues, GAO Report to Congressional Requesters GAO-03-89 (December 2002).
- INTERNET GAMBLING REGULATION By Michael E. Hammond April 17, 2000
- The Internet Gambling Fallacy Craps Out BTLJ by Joel Michael Schwarz 1999
- The Law of Internet Gambling Nelson Rose 1999
- Gambling and the Law Nelson Rose
- Gambling on the Internet Cynthia R. Janower Boston Consulting Group
- Regulation of Internet Gambling in the United States By Margaret Smith Kubiszyn GIGALAW
- Chicago Kent College of Law
- Gambling on the Internet: Towards a Sensible Regulatory System Daryl Crone 1998
- Internet Gambling: Prohibition v. Legalization. Testimony of
- Tom W. Bell Director, Telecommunications & Technology Studies the Cato Institute before the National Gambling Impact Study Commission Chicago, Illinois May 21, 1998
- Nicholas Robbins, Baby Needs a New Pair of CyberShoes: The Legality of Casino Gambling on the Internet, 2 BUJ Sci & Tech L 7 (1996)
- Cynthia R. Janower, Boston Consulting Group, Gambling on the Internet, Journal of Computer-Mediated Communication: Volume 2, Number 2: Part 2 of a Special Issue September, 1996
- Interactive Gaming News, Licensing Information
- About.com : Internet Gambling Law
- Educause Internet Gambling Using Campus Internet Service Provider
- Interactive Gambling Act of 1998 (Australia)
WTO Dispute
- The WTO ruled against the US in a dispute brought by Antigua and Barbuda.
- Minister will tell Congress about Internet gambling son, WTOL 6/8/2007
- US - Measures Affecting The Cross Border Supply of Gambling and Betting Services, WTO 4/18/2007
- Antigua blasts US over new Internet gambling laws, Internet news 3/21/2006
- US has until April 2006 to respect Internet gambling ruling: WTO, AFP 8/19/2005
- Appellate Body issues report on gambling dispute, WTO 4/8/2005
- WTO rules in online gambling dispute, Register 4/8/2005
- U.S. Limits on Internet Gambling Are Backed, NYT 4/8/2005
- U.S. Claims Victory on Web Betting Ban, NYT 4/8/2005
- Ruling on casinos is unclear, IHT 4/8/2005
- WTO: U.S. Should Drop Online Gambling Ban, Newsfactor 11/12/2004
- U.S., Antigua Seek Solution to Internet Gambling Case, Yahoo 6/29/2004
- Antigua beats US on net gaming, BBC 3/26/2004
- U.S. online gambling policy unlawful, WTO rules, CNET 3/26/2004
- U.S. threatens action against online gambling, CNET 3/15/2004
News
- Starved Budgets Inspire New Look at Web Gambling, NYT 8/15/2011
- Senator Mounts New Push to Legalize Net Poker, Internet News 8/11/2009
- Web's Poker Winners Face Delays in Collecting, NYT 6/11/2009
- Feds Show Their Cards On Online Poker: Freeze Funds, Techdirt 6/11/2009
- Feds Freeze Accounts Holding Online Poker Winnings, Ecommerce Times 6/11/2009
- Minnesota Gives Up On ISP Gambling Ban - In response, gambling association drops lawsuit..., dslreports 6/9/2009
- No On-line Gambling for You, Minnesotans, Info/law 5/7/2009
- Minnesota ISP Gambling Ban Going Nowhere Fast - Though lawmaker considers new law just in case..., dslreports 5/5/2009
- U.S. Online Gambling Ban May Get Nixed, Internet News 3/10/2009
- Cheating Scandal Roils Online Gambling Industry, Ecommerce Times 12/2/2008
- Agencies Issue Final Rule to Implement Unlawful Internet Gambling Enforcement Act, Cybertelecom 11/13/2008
- Kentucky Tests State's Reach Against Online Gambling, Wash Post 10/10/2008
- Bill Moves Forward To Re-Legalize Online Poker, Techdirt 9/18/2008
- Internet Poker Lobby Setting Up Tables At Both Conventions, Techdirt 9/2/2008
- Bill Moves Forward To Re-Legalize Online Poker, Techdirt 9/18/2008
- Internet Poker Lobby Setting Up Tables At Both Conventions, Techdirt 9/2/2008
- Feds Admit They Have No Clue How To Enforce Anti-Online Gambling Legislation, Techdirt 4/8/2008
- Internet Gambling Regulation and Taxation Enforcement Act Introduced, Cappers Mall 6/8/2007
- US House panel sets hearing on Internet gambling, Reuters 6/5/2007
- Gambling Site Pleads Guilty in U.S. Case, NYT 5/25/2007
- Bill seeks to legalize Internet wagering, Orlando Sentinel 5/8/2007
- Internet Gambling: United States continues ban despite WTO Ruling, Point Spreads 5/8/2007
- Congressman Bucks Net Gambling Ban, Ecommerce Times 4/27/2007
- Internet Gambling Law Ranked Among Worst, Gambling 911 4/24/2007
- FBI Investigators Visit Second Life's Internet Casinos, Online Casino 4/5/2007
- WTO slams US on Internet Gambling Ban, ShortNews 4/3/2007
- Antigambling law doesn't stop online traffic, CW 2/6/2007
- DOJ subpoenas four banks in Internet gambling probe, Taipei Times 1/23/2007
- Neteller Arrests Bode Ill for Online Gambling, BWO 1/17/2007
- Uncle Sam nabs Net millionaires, Globe and Mail 1/17/2007
- New Law Won't Stop Internet Gambling, PC World 11/21/2006
- US authorities crack Internet gambling ring, Taipei Times 11/17/2006
- How The Ban On Online Gambling May Make Us Less Safe, Techdirt 10/30/2006
- Britain Criticizes U.S. Online Bet Ban, Wash Post 10/30/2006
- The war on poker: Internet gambling is on its last legs, Triangle Online 10/6/2006
- Law Is Unlikely to Corral Internet Gambling, WSJ 10/6/2006
- Dead man's hand for online gambling?, CNET 10/3/2006
- New legislation may pull the plug on online gambling, USA Today 10/3/2006
- Republican leader seeks Internet gambling law, America's Network 9/2/2006
- Republican leader seeks Internet gambling law, America's Network 9/2/2006
- Online gamblers left hanging, MSNBC 8/11/2006
- BetonSports CEO Detained by Federal Authorities, Ecommerce Times 7/18/2006
- 11 People, 4 Firms Charged In Internet Gambling Sting, Wash Post 7/18/2006
- Online wagering under attack in Congress, AP 7/10/2006
- Frist seeks swift action on Web gambling, Reuters 7/21/2006
- Proposed Online Gambling Ban Raises Tough Questions, Ecommerce Times 5/5/2006
- Congress Expected to Show Its Hand On Online Gaming, Internet Week 3/21/2006
- Online gambling group dislikes the odds of meeting in U.S., IHT 5/18/2004
- WTO - Challenge to ban on Net gambling upheld, CNET 5/4/2004
- Google, Yahoo! Ban Online Casino Ads, Mercury 4/6/2004
- PayPal Pays $10M to Settle Online Gambling Case, DM News 7/28/03
- Gambling Sites Adjust to Scrutiny, NYTimes 4/1/03
- Internet Casinos Lose Allies, WSJ 12/2/02
- Critics try to curtail Net gambling MSNBC 10/21/02
- Internet Casino Experts Criticize Justice Dept Letter Dec 2002 ;
- Online gaming decision panned Official deems Net bets illegal in letter
- Online Gaming Illegal (Wink Wink), Wired 9/23/02
- Justice Official Deems Internet Bets Illegal, Newsfactor 9/6/02
- PayPal to Block Online Gambling: Official, Reuters 8/21/02
- Nevada Told of Internet Gambling Hazards, LA Times 4/22/02
- Congress working to rein in online gambling, upside 7/13/2001
- Discover Card nixes credit for Net gambling – May 24, 2001
- U.S. Companies Profit From Net Gambling, NYT 7/6/01
- Australian Govt Bans Internet Gambling, Newsbytes 6/29/01
- Nevada Governor Signs Online Gambling Bill, Washtech 6/15/01
- Nevada sets its sights on Net gambling, CNET 5/23/01
- California may crack down on Net gambling, CNET 06/01/01
- The Odds on Prohibiting Web Bets Wash Tech June 1999
- Visa affiliates clear online gambling debt – October 14, 1999
- Net gambler settles suit against MasterCard – July 12, 1999
- Internet Gamblig Liability Network Magazine 1999
- Ban Online Gambling? Australia Would Rather Tax It CyberTimes 1997
- Wisconsin Sues Over Internet Gambling CyberTimes 1997
- NUA Worldwide Gambling Population 1998-2002
- NUA Online Gabling Revenue 1998-2002
- "Since the mid 1990s, Internet gambling operations have established approximately 1,800 egaming Web sites in locations outside the United States, and global revenues from Internet gaming in 2003 are projected to be $5.0 billion dollars." Page 1. "In a recent report, gaming analysts estimage that in 2003 revenues from Intenret gambling industrywide will be $5.o billion, or approximately 4.3 percent of the total $116 billion in business-to-consumer global e-commerce." page 6. GAO 03-89 Internet Gambling (Dec 2002)
States
- "Five states (Illinois, Louisiana, Nevada, Oregon, and S Dakota) have enacted laws that specifically prohibit certain aspects of Internet gambling." - GAO 03-89 Internet Gambling (Dec 2002)
- Statement of Minnesota Attorney General on Internet Jurisdiction.
Laws
Wire Act
Title 18, United States Code, Sec. 1084. Transmission of wagering information; penalties (The Wire Act)
(a) Whoever being engaged in the business of betting or wagering knowingly uses a wire communication facility for the transmission in interstate or foreign commerce of bets or wagers or information assisting in the placing of bets or wagers on any sporting event or contest, or for the transmission of a wire communication which entitles the recipient to receive money or credit as a result of bets or wagers, or for information assisting in the placing of bets or wagers, shall be fined under this title or imprisoned not more than two years, or both.
(b) Nothing in this section shall be construed to prevent the transmission in interstate or foreign commerce of information for use in news reporting of sporting events or contests, or for the transmission of information assisting in the placing of bets or wagers on a sporting event or contest from a State or foreign country where betting on that sporting event or contest is legal into a State or foreign country in which such betting is legal.
(c) Nothing contained in this section shall create immunity from criminal prosecution under any laws of any State.
(d) When any common carrier, subject to the jurisdiction of the Federal Communications Commission, is notified in writing by a Federal, State, or local law enforcement agency, acting within its jurisdiction, that any facility furnished by it is being used or will be used for the purpose of transmitting or receiving gambling information in interstate or foreign commerce in violation of Federal, State or local law, it shall discontinue or refuse, the leasing, furnishing, or maintaining of such facility, after reasonable notice to the subscriber, but no damages, penalty or forfeiture, civil or criminal, shall be found against any common carrier for any act done in compliance with any notice received from a law enforcement agency. Nothing in this section shall be deemed to prejudice the right of any person affected thereby to secure an appropriate determination, as otherwise provided by law, in a Federal court or in a State or local tribunal or agency, that such facility should not be discontinued or removed, or should be restored.
(e) As used in this section, the term ``State'' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a commonwealth, territory or possession of the United States.Travel Act
"The Travel Act provides criminal penalties for anyone who undertakes interstate or foreign commerce with the intent to distribute the proceedings of any unlawful activity."
Illegal Gambing Business Act
"The illegal Gambling Business Act makes it a crime to operate an "illegal gambling business."
Other Laws
- Interstate Horse Racing Act of 1978 - 15 U.S.C. § 3001 et seq (horse racing)
- Organized Crime Control Act, 18 U.S.C. § 1955 ( Violation of state gambling law, actionable at federal level )
- The Interstate Transportation and Wagering Paraphernalia Act (aka The Travel Act), 18 U.S.C. § 1952 . ( Use of interstate commerce facility to promote or operate an illegal gambling )
- 18 U.S.C. § 1301 (lotteries)
- The Professional and Amateur Sports Protection Act, 28 U.S.C. § 3701-3704 (sports gambling)
- Indian Gaming Regulatory Act, 25 U.S.C. § 2701 (National Indian Gaming Commission <www.nigc.gov>) ( Gambling on or by Native Americans )
Caselaw
- USA v. Cohen, Docket No. 00-1574 (2nd Cir. July 31, 2001).
- DOJ Press Release: Jay Cohen Convicted of Operatring an Off Shore Sports Betting Business that Accepted Bets from Americans over the Internet (Feb 28, 2000)
- Missouri v. Coeur d'Alene Tribe, 164 F.3d 1102, 1999 U.S. App. LEXIS 62 (8th Cir. 1/6/99)
- People v. World Interactive Gaming Corp., 1999 WL 591995 (NY Sup. Ct. July 22, 1999) (applying Wire and Travel Act to Internet Gambling).
- Mastercard Internet Gambling Litigation, 132 Fsupp 2d 468 (EDLa 2001) (holding that Wire Act applies only to sports, horse, and dog betting).
- Telephone News Sys. v. Illinois Bell Tel. Co., 220 F.Supp. 621 (N.D.Ill. 1963), aff'd, 376 U.S. 782 (1964).
- United States v. Reeder, 614 F.2d 1179 (8th Cir. 1980)
- United States v. Stonehouse, 452 F.2d 445 (7th Cir. 1971)
- United States v. Kaczowski, 114 F.Supp.2d 143, 153 (WDNY 2000) (Where bet is legal where placed and where received, it does not violate Wire Act even where goes over interstate network)
- Missouri v. Coeur D'Alene Tribe, 164 F.3d 1102, 1009 n.5 (88th Cir. 19999), cert. denied, 527 U.S. 1039 (1999). (Where bet is legal where placed and where received, it does not violate Wire Act even where goes over interstate network)
- Transmission
- The GAO notes there is disagreement within courts over "transmissions." If the information only goes one way, if it is only received, is it a transmission? Some courts have concluded that where information is merely received, it is not a transmission; it must be two way. Other courts have concluded that the metaphysical distinction between a communication that is not reciprocated and a communication which receives a reply, which is identical in all other technical regard, is beyond them. United States v. Reeder, 614 F.2d 1179 (8th Cir. 1980); United States v. Stonehouse, 452 F.2d 445 (7th Cir. 1971); Telephone News Sys. v. Illinois Bell Tel. Co., 220 F.Supp. 621 (N.D.Ill. 1963), aff'd, 376 U.S. 782 (1964).
- Scope
- If the bet is legal where it is place and where it is received, does it violate the Wire Act? A plain reading of the Wire Act might suggest that this does not offend. Yet, apparently it might. It is the opinion of the Department of Justice and some courts that even though a legal act between consenting adults both here and there, it nevertheless offends the Wire Act. H.R. Rep. No 87-967 at 3 (1961). Not offended are the following recent courts who find no violation of the Wire Act in these situations. United States v. Kaczowski, 114 F.Supp.2d 143, 153 (WDNY 2000); Missouri v. Coeur D'Alene Tribe, 164 F.3d 1102, 1009 n.5 (88th Cir. 19999), cert. denied, 527 U.S. 1039 (1999).
International
- See GAO 03-89 Internet Gambling Page 17& Appendix III (Dec 2002) Australia, Canada, Hing Kong, UK,