U.S. internet gambling legislated [update 1]
by Zack Stern 
{ Oct 4th 2006 at 9:05PM }
The Unlawful Internet Gambling Enforcement Act passed through congress last week as a rider to a port security bill, like a tick clinging to a deer. The gambling legislation intends to make online poker and other money-winning internet games Card Squad says, and we agree, that laws should be created on their own merits. The site covers Shelley Berkeley (D-Nevada) debating the act, expressing her disappointment that the bill was tacked on to critical security legislation.
While we usually leave the poker playing to Card Squad, these bills make us nervous for impending legislation in the videogame industry. Will the Video Game Decency Act pass or fail on its own merits, or will it ride on the back of a more important law?
Would U.S. lawmakers try to save Springfield from a comet if they had to allocate $30 million to "support the perverted arts?"
Thanks to Dirk and others for pointing out that gambling is already technically illegal in the United States. It's only legal under state laws or on Native American land, which has limited sovereignty in this situation. (Although state-run gambling exists as lotteries.)
The Unlawful Internet Gambling Enforcement Act gives the government new tools to enforce old laws, making the transaction illegal. Read the act in its original state or in its new habitat, hiding in the SAFE Port Act.
[Update 1: Added last two paragraphs.]
Reader Comments (Page 1 of 1)
junkie @ Oct 4th 2006 9:23PM
I love my online poker. I wonder if they set up their servers on Indian Reservations if they would then be legal? Does anyone know?
Concerned @ Oct 4th 2006 9:26PM
little kids know how to use credit card/debit card numbers..
AMAZING!
Algernon @ Oct 4th 2006 9:39PM
They only want to make it illegal because the US cant tax these companies, since they are not based in the US
Wulkar @ Oct 4th 2006 9:49PM
@#1 that is a GREAT idea.
fox @ Oct 4th 2006 10:02PM
this is why i want to start my own country in the pacific ocean
imagine a giant floating city like in waterworld but more civilized
wtf, who gets to decide what we do with our internet just because we live somewhere
otakucode @ Oct 4th 2006 10:04PM
More power for them, less for us, of course it passes! That's the only question they ask nowadays.
Dirk Dorkelson @ Oct 4th 2006 10:48PM
"The gambling legislation intends to make online poker and other money-winning internet games illegal in the United States."
Correction: These are already illegal in the United States. What the bill does is it makes it illegal for credit-card companies to process the transactions, so the government could go after the few large companies that process the transactions, rather than the millions of individual users.
h2c @ Oct 4th 2006 10:52PM
"...like a tick clinging to a deer."
LOL, thank you for that. :-)
karmaghost @ Oct 4th 2006 10:57PM
Our Democracy is BROKEN
Funkbass23 @ Oct 4th 2006 11:19PM
Number 1, they would be able to continue operating the way that they are now if they locate outside the country or within a different territory of the United States in which US law does not apply. HOWEVER it is still illegal for you to engage in their commerce within the United States.
Foetoid @ Oct 4th 2006 11:24PM
Fantastic. Online gambling must cost the American public billions each year. That is billions they could be using to reduce thier own personal debt, obtain a better standard of living, save for thier kids college etc etc.
GoPodular @ Oct 4th 2006 11:25PM
@#1
No they can't. They aren't as independent as most people think. That's why each brick and mortar casino still pays taxes. In MN, they have to get permission from the State before they can even build one and split the proceeds with the State.
The whole "passing multiple laws or none" thing is STUPID! That's how we get the "flip-flop" crap. In reality, they are voting for/against the tag-alongs, (and usually not the one quoted in political ads).
As an example:
Law #1: Raise taxes & ban the net for anyone under 21.
Law #2: Lower taxes & ban SUV's.
Law #3: Raise taxes & ban SUV's.
Law #4: Lower taxes & ban the net for anyone under 21.
Come out of that without being labeled a Flip-Flop.
Mr_B @ Oct 5th 2006 1:46AM
"Land of the free" MY ARSE!
Gamer G @ Oct 5th 2006 3:44AM
@11
And you really think that will now happen? you are deluded!
They will just waste the money on other things shouldn't it be the individual to decide what they spent their money on not the government? We may as well go and live in communist china they are allowed to gamble!
J.Goodwin @ Oct 5th 2006 8:38AM
Yes, online gambling is already illegal.
Please note that office pools are also technically illegal. Gambling is ILLEGAL in the United States except in specific licensed jurisdictions. The recent spread of casino gaming in the US is mainly due to the growing prevalence of indian gaming, which I support because, 1) the tribes are within their rights to open casinos, 2) the tribes are receiving money that is being used in many cases to recover their heritage through archaeological and language programs.
Of course, the global casino industry has in many cases been using the tribes for their own purposes as a way to get around US law as well, and I would prefer that their deep pockets weren't getting a cut.
But many places that previously would have voted against even a state run numbers game now have a casino down the street, and yes, the state and local governments see it as an activity that they would like to receive a cut of.
In many cases, tribal casinos enter into compacts with the nearby states to pay a portion of the proceeds to those states, which may result in casino gaming remaining illegal in the state, or which may only be to avoid a nasty fight over whether the tribe has met all of the technical requirements to build the casino.
But gambling, particular online gambling under various wire laws at the federal level: is ILLEGAL in the US.
Dominic @ Oct 5th 2006 11:26AM
Ridiculous to make a victimless crime illegal just because they can't get their grubby hands on some tax dollars. I got and idea! Legalize gambling! Hell there are casinos across the country now, gambling boats, etc. But yet for some reason I can't go online and play poker? I live in Indiana and there are 2 casinos and a boat, why can't I go online and play some hands? Here is another brilliant idea I came up with! Spend our money and resources on something a little more important like helping all the people in New Orleans who still don't have a home!
Adv2k1 @ Oct 6th 2006 2:52AM
what does this have to do with that pic from Simpsons?
having a pic of Mr. Burns casino would of worked more.
Gonzo @ Oct 5th 2006 1:53PM
I hate all politicians but aren't conservatives the ones that are supposed to make sure the government doesn't have too much controll over your life.
They're all worthless.
dog_welder @ Oct 5th 2006 6:13PM
Goodwin,
You don't find it the least bit hypocritical that gambling is okay in the United States as long as it's under the protective thumb of the government?
Basically what this means is:
Good gambling = government gets its cut!
Bad gambling = government doesn't get its cut!
If our government was completely and utterly serious about protecting people from themselves and the evil, spooky dangers of gambling, then ALL forms of gambling in this country should be banned. This includes lotteries, scratch off tickets, Indian casinos, and Las Vegas should all be shut down.
As of this writing, the definition of "gambling" in relation to this bill may not necessarily apply to online poker. The next few months will be critical on this issue.
www.pokerplayersalliance.org for more info.
Zero @ Oct 6th 2006 8:03AM
Online gambling for Horse racing, lottery and fantasy sports are still acceptable for some reason... They should ban these as well.
Republicans that see Internet gambling as 'immoral' should also ban cigarettes, cigars and alcohol. Bunch of IDIOTs...
pokkercards @ Oct 27th 2006 3:53AM
You are right Zero, as these guys have banned poker they should also banned horse betting, other forms of betting.This is totally disgusting and rediculous from congress people by putting the internet gambling bill in port security bil.