By Samantha Williams

In 2006, the United States Government passed a law we now call UIGEA. This is the Unlawful Internet Gambling Act, and short of actually making online gambling in this country clearly illegal, it totally confuses matters. The Act is tagged onto an obscure Wire Act – dated 1961? – which is relevant to the transfer of funds over the airwaves or something. It essentially makes things really difficult regarding credit card payments and also e-wallet transactions.

Financial institutions are penalized severely for allowing online gambling transactions to take place. Then a swoop on the four major US online poker sites took place on the 15th April 2011, this was the ultimate death knell for most online gambling in the US. There are very few site who wish to go to the trouble to offer games to US players any longer, and even BODOG has pulled out of the US industry as of the end of this year.

Any US online casinos still left operating are taking a very big chance – who knows when they might not also have their domains seized. It is drastically unfair, against World free trade principles, and completely paradoxical that the United States of America considers itself to be a government whose people are living in “the land of the free”. To all intents and purposes online gambling laws in this country are to protect people from themselves, or to be completely brutal – from their own stupidity. Honestly it is all just about money, and about this government wanting ‘total’ control.

Back in the 1930′s Ayn Rand said “We are fast approaching the stage of the ultimate inversion: the stage where the government is free to do anything it pleases, while the citizens may act only by permission; which is the stage of the darkest periods of human history, the stage of rule by brute force”, and UIGEA is only one example of this type of control.

While the rest of the civilized world has realized online gambling is here to stay, the US Government is being manipulated by money, or should I say – their lack of ability to manipulate this industry’s money. But let me get off my soap box.

Suffice it to say that US online casinos don’t have it good as far as free trade is concerned. Online payment processing companies are struggling to find more loop-holes and the DoJ is closing in on all big operators. Any US player wanting to gamble online is then also now taking a risk. When a mainstream industry is made illegal in this way, there are always bootleggers out there trying to make a fast buck. This means no regulation, and no recourse for any US online gamer who is willing to take even more of a risk. Sadly even online casino listings which promote US sites, are – in good conscience – dropping long-time clients as fast as hot-cakes. Essentially folks, if you gamble online in the US, you are taking a really big chance.

By Samantha Williams

On recently reading the Gore Vidal fictionalization of the life, duel with Hamilton and trial for treason of the controversial 19th century VP of the USA, Aaron Burr; there is one comment the writer claims Burr makes about freedom of speech. He says something like – I can’t remember verbatim – “US citizens have the freedom to speak as long as they are saying what politicians say they may say”! It brings to mind the issues of the Unlawful Internet Gambling Enforcement Act and the fact that this law purportedly prevents US players from enjoying online casino games.

The law is ambiguous, convoluted and confusing to say the least; with tons of “grey” areas, and a Department of Justice which maintains that all online gambling activities, anywhere in the US are illegal. However, online poker has just been inadvertently legalised in Washington D.C. under the guise of one of the lottery operators of that city, while Washing State goes to war against payment processors.

Some online casino games are still available for US players’, in particular those operating from the Real Time Gaming software platform, and the big private online poker operators have grown to immense proportions post-promulgation of UIGEA. The belief is that these online casino games operators have not been indicted by the Department of Justice, simply because of the fact that this law will not hold much water in court.

Obviously there are many US citizens who would like to have the choice to play online casinos games legally and without restriction of freedom; they don’t play because of a natural fear of the law. On the flip side of the coin it would not be practical for the Dept. of Justice to indict every single US player who indulges in illegal online gambling. The trend seems to be that the Dept of Justice indicts companies who have admitted they have traded in online casino games after UIGEA was enacted; however, unless a firm or individual completely rolls-over, the only legal argument which seems to hold weight is when prosecutors target online payment processors. Apparently UIGEA was also passed into statue with no Senate debate and this also raises questions. This in a nutshell paints a quick portrait of how odd the law actually is.

One of the brilliant things about playing at casinos online is the fact that the handicapped, the elderly and other house-bound people, the ill and the isolated; have access to some light entertainment. Online bingo players for example, love these games and the social interaction they receive at their favorite sites.

Despite the fact that many organizations and lawmakers have kicked up a fuss regarding UIGEA and want it booted out; this call goes on being ignored. In the meantime – are people who are in the minority, who want to play legal online casino games; having their rights or freedoms to speak, to associate and do what they like with their own time and money, restricted?