Gambling Online: Is It
Legal?
The issues involved in legislating
online gambling are a lot more complicated today than they
were six years ago when Sen. Jon Kyl (R-Ariz) first
introduced the bill known as the Internet Gambling
Prohibition Act of 1997. At that time National News
reporter David Isaacson had written that online gambling
had grown into a 300 million dollar industry and there
were about 32 online gambling sites.
In March 2002, Andy Sullivan of Reuters
reported that Christiansen Capitol Advisors estimated
gambling sites took in about $2.2 billion in revenues in
2000, and would collect $6.4 billion by 2003. At the time
Sullivan wrote his article, there were about 1400 online
casinos. Today there are between 1800 and 2000.
Back in 1997 the American economy was
still booming and dot.coms hadn't yet gone bust but today
advertising revenue from offshore gambling sites fuel the
Internet economy. Over the past few years, Internet
businesses have been scrambling to stay afloat and the
advertising revenue from these gambling sites has been too
irresistible to refuse. If that revenue were to be
suddenly cut off, many Internet companies would feel the
crunch.
David Schepp of the BBC reported in
February that online gambling had become the fifth largest
advertiser online, jumping to 2.5 billion from 910 million
ads last year. "Online gambling firms are now advertising
on more mainstream sites, thus appealing to whole new
groups of gambling enthusiasts."
He interviewed Charles Buchwalter, head
of media research at Jupiter Media Metrix who said that,
""Online casinos are now competing for advertising with
the most visible industries, including retail, financial
services and travel…The fact that casinos are [moving]
their ad-buys from niche sites to mainstream portals is
proof that this sector is going mainstream," Buchwalter
says.
Those "mainstream portals" include
sites like Yahoo! and Excite."
Since most of these offshore gambling
sites are out of the reach of US authorities and are legal
in the countries where they exist, there is really little
US authorities can do to stop them. Roy Mark of
JupiterMedia.com reported in March that 60 percent of all
offshore gambling dollars comes from Americans.
According to the Justice Department,
Internet gambling is illegal for Americans. The courts
have ruled that under the 1961 Wire Wager Act, which
prohibits the use of phone lines for placing sports bets,
Internet sports betting is illegal.
Jay Cohen, who was president of the
World Sports Exchange (WSE) in Antigua, was one of the
first of 22 defendants charged in March 1998 under the
Wire Act.
Reporting for Yahoo Internet Life in
1999, Justin Ware described how the then 27 year old
Cohen, who had been a trader on the San Francisco Stock
Exchange had started one of the first online sports books
in 1997 by working out of a small office suite in Antigua.
"After a couple of investors agreed to back him, he
persuaded two friends to join him: Steve Schillinger, an
options trader with more than 18 years of experience and a
head for numbers; and Haden Ware, a student Cohen had met
on the trading floor. The World Sports Exchange was born."
According to Ware (no relation to
Justin Ware), nearly three years after the launch of their
business, Jay Cohen was in Seattle awaiting trial, and
Schillinger and Ware were considered fugitives. Cohen
chose to go back to the US and fight the charges; Ware and
Schillinger chose to stay and run the business.
Fortunately for them, and frustratingly for the FBI, as
long as they stayed in Antigua, they couldn't be touched.
Since extradition requires both countries to agree on the
offense, and Antigua considers online gaming to be
perfectly legal, Ware and Schillinger couldn't be
extradited, Ware reported.
"Haden Ware was a student on his summer
break when he went down to help Cohen and Schillinger,
'"When I first came down here, I was going to school…Jay
called me up and said, 'I'm going to the Caribbean. Are
you in?' And I said, 'Yeah, I'll come down, take a summer
off, have a good time.' It's turned out to be a little bit
longer than that,"' He was reported as saying.
Steve Kanigher quoted Cohen in the Las
Vegas Sun in March as saying that when he decided to go
back to the US to fight the charges he had a conversation
with Schillinger. "I said that I would come back to fight
this. He said that he was staying there in Antigua. I said
one of us is making the right decision."
Ware reported that the decision to work
from Antigua was intended to keep things legal. He quoted
Schillinger as saying, "We were very open about what we
did…. If we could have done this in San Francisco, we
would have. We came down here because we thought we would
be licensed to do what we wanted to do."
Stephen Nover of The Prescription
reported in October that Cohen didn't believe he was
breaking any laws. He was accepting wagers in Antigua,
where bookmaking is legal. He came back to America to
fight the charges and was the only defendant of those
charged who challenged the system.
Nover reported, "After losing his case
in a controversial manner when the judge instructed the
jury how to vote, Cohen appealed. He lost his appeal two
years ago, and found out in June that the Supreme Court
would not review his case.
U.S. District Judge Thomas Griesa
sentenced Cohen to 21 months in federal prison and a
$5,000 fine." Cohen began serving his time on October 15.
Of the initial group charged in 1998,
thirteen pleaded guilty and seven are still fugitives
including Steve Schillinger and Justin Ware who are still
in Antigua.
Today World Sports Exchange is one of
the largest sports books in the world with a customer base
estimated to be around 30,000.
Mark Fineman of Business 2.0 wrote an
article on the World Sports Exchange and of Schillinger
and Ware in October 2000.
"Meanwhile, when they're not holding
epic pool parties, they're running WSE and watching the
money come in -- and there's a lot of money coming in. In
the two and a half hours it took U.S. District Judge
Thomas P. Griesa to sentence him, Cohen's website in
Antigua took in seven times his $5,000 fine in bets on the
New York Yankees-Oakland A's game alone, a fraction of the
tens of thousands of dollars' worth of Internet bets
placed with WSE that day," Fineman reported.
He quoted Schillinger as saying, "I was
a great citizen of the U.S. I coached my kids in the
Little League [and the Catholic Youth Organization
basketball league]. My assistant coach was an FBI agent.
He knew what I was doing. I gave a lot to my community,
and for them to say I'm a criminal? Don't tell me the U.S.
government thinks gambling is the worst thing in the
world."
Last March Kevin McCory of USA Today
interviewed Sebastian Sinclair, CFO of Christiansen
Capital Advisors; a New York consulting firm that studies
the gaming industry. He said, "Online sports gambling is
clearly illegal today…But how effective has that
prohibition been so far? Not very."
In October Michael Hiestand of USA
Today, quoted Joe Read, who directs customer service for a
Costa Rica-based sports betting site, as saying that
Cohen's conviction led "industry people to protect
themselves by getting local people to front their
businesses. That's the loophole. An American can run the
business but no one can find out," he said.
Hiestand also interviewed industry
consultant John Musch who said bettors would inevitably
find their way around any ban, especially as more
countries begin to allow online betting. According to
Musch the U.S. needs to regulate Internet gambling. '"The
legitimate operators would welcome that since they'd then
seem more legitimate."'
When the authorities first used the
Wire Act as the basis for their charges against online
gambling sites there were questions as to how well the act
would hold up under the law. The Interstate Wire Act of
1961 prohibits sports wagering between states using
telephone lines or through other wired devices. Since the
Internet had not been in existence in 1961 there were
questions as to how that could possibly apply to the Act.
In June 1999, Tim Ito and Sharisa
Staples of the Washingtonpost.com reported, "despite the
Justice Department action, many legal scholars question
how well existing laws can be applied to new technologies.
The Wire Act, for example, does not explicitly mention the
Internet. It is also unclear how well the law would apply
to satellite based transmissions, which are not considered
wired devices."
Ito and Staples quoted Nelson Rose,
professor of law at Whittier Law School who said, "Changes
in [gambling] law follow changes in society…But our
society has been changing so rapidly . . . sometimes the
law cannot keep up."
Kanigher reported that some legal
experts believe the Wire Act applies only to sports
wagering. Kanigher cited a federal ruling in Louisiana
upheld in 2002 by the 5th U.S. Circuit Court of Appeals
that had come to the same conclusion. "The courts ruled
against two Internet gamblers who sued credit card
companies and banks after accumulating gambling debts from
casino-style gaming websites.
The gamblers argued that the credit
card companies and banks, working in conjunction with the
websites, created a worldwide gambling enterprise that
facilitated illegal gaming, making their debts
unenforceable. But as part of their dismissal of the
lawsuit, both courts ruled that the wire act applies only
to bets on sporting events or contests."
While the existing laws continue to be
confusing some senators are trying to get new legislation
passed to make online gambling illegal once and for all.
In an attempt to stop it at the source, Sen. John Kyl's
(R.-Ariz) most recent legislation wants to cut off
American access to Internet gambling sites by prohibiting
U.S. banks, credit card companies and other Internet
payment systems from making payments to the gambling
sites.
The bill would allow the State and
Federal Attorney Generals to request injunctions against
financial institutions, Internet Service Providers, or
computer software providers that fail to assist in the
prevention or restraint of Internet gambling. The Kyl
bill, S. 627, applies criminal penalties of up to five
years in prison to operators of Internet gambling sites.
The Senate Banking Committee expressed
strong support for the Kyl bill during a hearing in March.
The House Judiciary Committee's subcommittee on crime
passed the House version of the bill authored by U.S. Rep.
Jim Leach of Iowa in May. It had already won the support
of the House Financial Services Committee in March. The
legislation has previously passed both the Senate and the
House, but never in the same session of Congress.
Many credit card companies have already
distanced themselves from online gambling. According to
Beth Cox of Ecommerce News, as of July the list includes
Bank of America, Fleet, MBNA and Chase Manhattan, as well
as Citibank, which controls about 12 percent of the U.S.
credit card market.
Cox further reported that credit card
transactions are often coded to indicate what is being
bought or sold. By blocking certain codes, banks that
issue credit cards can avoid issuing credit for much of
the gambling activity that occurs on the Internet.
This sounds logical in theory but
according to information made available by the Australian
Bankers' Association in late April, this is not always
easy to do. The recommendations, which pertained to the
Interactive Gambling Act that was passed in Australia in
June 2001, reported a number of problems in being able to
block credit card transactions.
The Association reported that the
blocking of service codes, would likely be effective for
credit card purchases occurring directly between the
customer and the gambling merchant, provided the merchant
has correctly coded the gambling transaction. However
there appeared to be a number of means by which the
correct identification of illegal interactive gambling
transactions might be avoided. One possibility was for
gambling merchants to use incorrect credit card
transaction service codes in order to avoid identification
of gambling transactions.
The Australian government initially
promised amendments to the 2001 Interactive Gambling Act
that would consider the feasibility of blocking credit
card transactions for overseas gambling sites. It has
since backed away from introducing such rules, warning
there were many problems with that level of regulation.
The Australian Bankers' Association
also pointed out that gambling sites, which are legal in
their own countries, could easily set up player accounts
with offshore financial institutions. They also sited the
use of online payment providers as a means for individuals
to make transactions with online gambling sites.
In the past companies like PayPal
predominated the online gambling payment market. This is
no longer the case, however, since PayPal recently decided
to stop taking gambling payments due to the uncertainty of
the law.
In June New York Attorney General Eliot
Spitzer subpoenaed PayPal's records relating to the use of
the payment service by gamblers. At that time PayPal
agreed to stop online gambling companies from using the
service to accept money from gamblers who resided in New
York State. In August Beth Cox of InterneNews.com quoted a
spokesperson from PayPal as saying, it was "taking the
action in "voluntary cooperation with the attorney general
and was not admitting to a violation of law.""
Cox reported that under the settlement,
PayPal agreed not to process payments to online gambling
sites from New York customers as of Sept. 1 and would pay
$200,000 to New York State to cover costs of the
investigation and penalties.
Joanna Glasner of Wired.com reported in
July that under the terms of its planned purchase of
PayPal (PYPL), eBay decided that it would stop offering
the payment service for Internet gambling transactions. It
attributed the decision to an "uncertain regulatory
environment surrounding online gaming."
Under the USA Patriot Act, it is
prohibited to transmit funds known to have come from a
criminal offense, or that are intended to promote or
support unlawful activities. Attorney for the Eastern
District of Missouri told eBay that its online payment
service PayPal had violated provisions in the USA Patriot
Act between October 2001 and July 2002, Dawn Kawamoto
reported for CNET in March.
It was alleged that PayPal violated
laws regarding the processing of online gambling payments,
and eBay the parent company of PayPal was asked to hand
over nine months of the gambling-related earnings in the
settlement.
According to Brian McWilliams of
Wired.com nearly 500 gambling sites signed up to accept
PayPal in the first quarter of last year, almost doubling
the company's roster of such merchants, which stood at
1,022 as of March 31, 2002. McWilliams reported in June
"in exchange for taking such a risk, PayPal was expected
to derive more than $16 million from Internet gaming in
2002. Already this year, its revenues from such merchants
-- who pay higher fees to offer the PayPal service -- have
more than doubled, accounting for 8 percent of its total
income."
Kawamoto reported that PayPal received
6 percent of its revenue from online gambling, according
to its filing with the Securities and Exchange Commission
last year.
Glasner interviewed Keith Furlong, of
the Interactive Gaming Council, who said that with PayPal
out of the picture, gamblers would likely turn to
competing online payment services such as Neteller and
Firepay. Firepay is governed under the laws of Bermuda.
Another alternative payment system
being used by online gamblers and cited by the Australian
Bankers' Association is the use of electronic cash or
e-cash.
In March Rod Smith of The Delaware News
Journal quoted gaming author Mark Schopper as saying that
'according to the Treasury Department electronic cash was
"the biggest money laundering threat ever seen". Schopper
said the Kyl legislation banning credit cards for online
gambling would likely have "tremendous unintended
consequences encouraging money laundering."
"Criminalizing online gaming, as the
committee seeks to do, is a practical impossibility
because operators are based offshore, beyond the reach of
U.S. law, he said…. The real fly in the ointment is that
the alternative payment systems being developed to get
around the ban "are the most powerful and untraceable
money-laundering tools ever imagined by criminals, he
said.'
Not everyone believes that Kyl's
legislation will prevent Internet gambling in the
US. Rep. John Conyers D-Mich thinks Kyl's legislation
would do little to stop online gambling and in March
introduced a bill that competes with the legislation.
The bill would create a five-member federal gaming
commission, appointed by Congress, to study Internet
gambling for one year and recommend the best methods
of regulating it.
Doug Abrahms of the Reno Gazette-Journal
quoted Conyers as saying, '"You might remember
a failed experiment the U.S. government tried in
the 1920s called Prohibition…Instead of a prohibition
that will drive gambling underground and into the
hands of unscrupulous merchants, Congress should
examine the feasibility of strictly licensing and
regulating the online gaming industry."'
Abrahms also quoted Rep. Ron Paul,
R-Texas who said '"This whole idea of the invasion
of our house (by Internet gambling) is incorrect.
You do have the brains to turn it off…We're trying
to regulate behavior."'
In an editorial he wrote in February
Conyers said, " If you want to prevent money
laundering, the last thing you would do is eliminate
the financial controls and record-keeping that credit
cards and U.S. bank accounts provide. …. Children
can be kept off of gambling websites, however, by
requiring the use of a credit card, PIN numbers,
and other screening devices. ….
Finally, we must also consider
the needs of problem gamblers. Online gambling sites
present difficulties for these individuals, just
as land-based casinos do. Using the Internet, however,
it is possible to set financial limits on an individual's
gambling, through the use of shared record-keeping."
James Pearce of ZDNet Australia
reported last February that the Interactive Gambling
Act passed in Australia in July 2001 had done little
to stop Internet gambling. Although the Act specifically
banned Internet gambling, it still allowed online
sports betting and lotteries to continue legally.
Pearce interviewed Chris Downy,
executive director of the Australian Casino Association
who reported the results of a survey done by the
Association. The yearlong survey found that 40 percent
of online gamblers still visited overseas casinos.
Downy also noted that the survey showed the number
of online gambling sites visited by Australians
had increased by 38 percent between February and
December 2001, despite the legislation being introduced
in July.
'"The level of interest in
online gaming remained relatively consistent throughout
the year and actually increased in July 2001, at
the same time as the introduction of the Interactive
Gambling Act" he said.'
Under the legislation, it is an
offence to provide an interactive gaming service
to customers in Australia and to advertise such
services-including online casino-style services
involving games of chance or mixed chance and skill,
such as roulette, poker, craps, online poker machines
and blackjack. However, betting on horses or greyhound
racing, or other sporting events and lottery services
are currently exempt under the act.
One of the reasons Internet casino
gambling was banned in Australia was because of
increased incidents of problem gambling in areas
where land based electronic gaming machines had
been installed such as in New South Wales and Victoria.
In areas where there was less accessibility to the
electronic gaming machines there were fewer gambling
problems. Whether these land based machines can
be considered equivalent to Internet gambling sites
is difficult to say.
During inquiries to the Interactive
Gambling Bill in 2000 the committee also received
evidence that despite the availability of online
racing services to Australian homes there was little
evidence of a parallel increase in problem gambling.
The Home Racing channel, which had been available
on Sky Channel in Australia since Sept 5, 1998,
had not resulted in a perceptible surge in problem
gambling. It was noted, however, in the report that
there were insufficient studies on sports betting
in general to determine its impact on problem gambling.
This is different than what is
happening in the US where the Wire Wager Act appears
to bans sports betting but not online casino betting.
The discomfort with sports betting in the US may
be attributed to point shaving scandals that have
occurred in amateur sports.
In his article, McCory reported
that "in congressional testimony last summer,
William Saum, the NCAA's director of agent, gambling
and amateurism activities, warned that online betting
could lead to a resurgence of the point-shaving
scandals that tarnished basketball programs at Northwestern
University and Arizona State University during the
1990s.
"When people place wagers
on college games, there is always the potential
that the integrity of the contest may be jeopardized
and the welfare of student-athletes may be threatened,"
Saum said."
Point shaving scandals have been
going on in amateur sports since as far back as
1947. CNN reported in March 1998 that thirty-two
players at seven schools were implicated in a plot
to fix 86 games between 1947-50. Included in the
scandal were players from City College of New York
and Kentucky (big names involved: Ralph Beard, Alex
Groza and Sherman White). Other point shaving investigations
went on between 1959-61, 1978-79, 1984-85, 1989,
1992, 1994, 1995, 1996 and 1997.
In his article last March McCory
interviewed Steve Schillinger about bets being placed
online for college basketball's March Madness. Schillinger
told McCory that he expected the World Sports Exchange
to have rung up as much as $2 million in bets for
each day of the tournament. He quoted Schillinger
as saying that even the Super Bowl, another major
draw for sports gamblers, "is sort of a non-event
in comparison."
Online sports betting tout Bob
Hill believes the point shaving scandals have more
to do with the fact that amateur players aren't
paid for their participation in college sports.
"The NCAA makes billions of dollars off of
these amateur sports and yet the athletes never
see a penny of that money. It has nothing to do
with the Internet," he said. "These kids
are easy prey because they are poor and need the
money. It is not as if you can hold down a part
time job when you're in a major college athletic
program because it's a full time commitment. These
kids barely have time to attend classes. Shaving
scandals were going on long before the Internet."
Jennifer Goldblatt of Delaware
Online, reported that sports betting is a more specialized
form of gambling and attracts a much smaller set
of gamblers than activities such as slots. She interviewed
William Eadington, director of the Institute for
the Study of Gambling and Commercial Gaming at the
University of Nevada-Reno who said, "With sports
betting, even though there's a following, it tends
to be one of the more technically challenging to
do it right, … quite a bit of analysis that is done
and marketing, as opposed to a slot machine, which
is a pure chance game."
George F. Will, of Newsweek reported
in November, "Gambling has been a common feature
of American life forever, but for a long time it
was broadly considered a sin, or a social disease.
Now it is social policy: the most important and
aggressive promoter of gambling in America is government.
Forty-four states have lotteries,
29 have casinos, and most of these states are to
varying degrees dependent on you might say addicted
to revenues from wagering."
Cohen, who was interviewed by Kanigher
in the visiting room at the Nellis prison, said,
'"I would respect Congress more if they said
all gaming is bad and that they want to ban all
gaming," Cohen said. "I wouldn't agree
with it but I would respect it. But their real motivation
is nothing more than anti-competition. It's protectionism.
They're just trying to protect their home-grown
industries."'
The position of the American Gaming
Association, which represents the commercial casino
entertainment industry, has remained constant since
Congress first began considering Internet gambling
legislation. According to Frank Fahrenkopf, President
and CEO, the association "maintains the view
that the technology necessary to provide appropriate
regulatory and law enforcement does not presently
exist with regard to Internet gambling… until those
concerns can be adequately addressed, the AGA remains
opposed to Internet gambling."
Benjamin Grove of the Las Vegas
Sun reported in March that MGM MIRAGE, one of the
largest operators of Las Vegas Strip hotels, last
year became the first major U.S. gambling company
to open an online casino, based in and regulated
by the Isle of Man off the coast of Great Britain.
MGM's online casino does not accept bets from the
United States.
BBC World ClickOnline's Richard
Taylor reported in November that "to keep Americans
out, MGM has built a system that uses technology
to monitor where players are betting from.
"We are 99.9% confident it
catches anybody who's not of age or from places
that don't currently allow online gaming for its
citizens or operators," said Bill Hornbuckle
of MGM Mirage Online.
MGM say their geographical verification
software can identify where customers are coming
from and prevent them from using the site."
Grove interviewed MGM MIRAGE spokesman
Alan Feldman who said the Conyers proposal is a
welcome indication that some lawmakers have open
minds about how technology and the public appetite
for gambling have evolved.
Taylor reported that attitudes
are changing in Vegas by some of the entertainment
corporations which run the Vegas casinos but that
there is still apprehension by some companies because
of the legalities involved. He interviewed David
Strow of Harrah's Entertainment who said, "We've
spent the last 65 years building up this company.
We now have more than 24 casinos across the country,
and billions of dollars invested. But the way it
works in the US is that each of these casinos has
to be licensed by a state in order to operate. They
view it as a privilege not a right. If we're found
in violation of federal or state laws regarding
Internet gaming they have the right to take our
licences. In essence we could lose our ability to
operate our properties."
Kanigher reported that Nevada Gov.
Kenny Guinn signed into law a bill in 2001 that
directed state regulators to develop ways to license
and regulate Internet gaming companies as long as
they operated in compliance with federal laws. Kanigher
interviewed Nevada Gaming Control Board Chairman
Dennis Neilander who said that those regulations
have not been developed because of the Justice Department's
position that all Internet gaming is illegal.
'"The state law requires us
to make a finding that it can be done applicable
to federal laws," he said. "As long as
the Department of Justice takes the position that
it can't be done, we won't override that."….
"It's kind of a gray area right now because
you're transmitting across state lines, so the federal
law comes into play, and the federal law is unclear,"
he said.'
Susan Orenstein of IDG reported
in June 2001 that the significance of Nevada legislators
passing a law that paves the way for online gambling
was that it indicated an "emerging shift in
attitude of the casino industry. U.S. casino operators,
who control $22 billion in legalized gambling, once
strongly opposed betting on the Internet."
According to Reuters, Merle Berman,
a Republican lawmaker from Las Vegas and the primary
backer of the Nevada bill, said online gaming taxes
and fees could generate more than $80 million annually
for the state, reported Richard Stenger of CNN in
June 2001.
A bill to study Internet gambling
sponsored by Assemblymen Gary Guear and Anthony
Impreveduto cleared a committee of the New Jersey
Assembly, Interactive Gaming Council (ICG) reported
in March.
Speaking before the Assembly Tourism
and Gaming Committee, Impreveduto said, '"Internet
gambling is not coming, it's here." According
to his testimony, the sponsors of the legislation
want to make sure that citizens are protected by
proper regulation of this activity, and that avenues
of potential tax revenue are explored.'
Britain is also moving towards
legalizing Internet gambling. Rick Smith, executive
director of the ICG, which is located in Victoria
B.C., Canada, praised the United Kingdom in March
for its major reform of regulated gaming.
According to the IGC, "plans
call for Britain to license online gaming operators
who locate their servers there. The process will
include a thorough investigation of the operators'
backgrounds and testing of their hardware and software.
Gaming Web sites will be strictly monitored to protect
players, prevent money laundering and prohibit minors
from gambling at the sites."
Peter Dean, chairman of the Gaming
Board for Great Britain, addressed members of the
IGC at their meeting in London in February. He indicated
that a package of gaming regulation reforms - including
the full legalization and regulation of interactive
gaming - should be enacted next year, with implementation
in 2005.
Although Britain's broadband availability
trails many other European countries, the United
Kingdom could lead Europe in online consumer revenue
by 2005 thanks to its relaxed attitude toward Net
gambling, Peter Judge reported for CNET in December
2001.
According to research from Schema
Consulting, $38 billion will be spent on online
entertainment in Europe in 2005 and online gambling
will be the largest industry. "The United Kingdom
will take 35 percent of the overall spending, said
Schema President David Brown, because it is more
accepting of gambling, and other countries are more
likely to have laws restricting it," Judge
reported.
"British leaders understand
the importance and the value of regulating this
relatively new means of gaming, I only wish the
U.S. government would take such an enlightened approach,
instead of futilely attempting to block a form of
entertainment that millions of its citizens enjoy,"
Smith said.
If Internet gambling was regulated
in the US, Cohen believes that Internet wagering
companies would be willing to cooperate with federal
regulators by helping to combat money laundering,
suspected game-fixing, underage gambling and attempts
by individuals to avoid paying taxes on winnings,
Kanigher reported.
Countries where online gambling
is legal take exception with the fact the US is
attempting to outlaw it. Antigua and Barbuda recently
announced their intention to bring the United States
before the World Trade Organisation (WTO) over its
anti-Internet gambling stance and what is sees as
interference in its economic development, reported
Glen Shapiro of Law And Tax-News.com in March.
Shapiro quoted Antiguan Prime Minister,
Lester Bird as saying, "'America is the largest
gambling country in the world so how can they then
be so unctuously self-righteous, to use their power
to destroy the niches that we are having, trying
to develop some kind of diversification in our economy.
It is unfair and therefore we are going to take
them before the WTO.'"
In March Mark Berniker of InternetNews.com
reported Antigua has more than 100 licensed online
casino operators, which generate millions of dollars
every year for the Antiguan government. "Antigua,
for its part, says that with the downturn in the
tourism industry, the country has come to rely on
revenues generated from licensing and taxing of
online casinos on its territory. The online betting
industry employs 3,000 people in Antigua, and officials
say the U.S. would be in violation to its commitments
under the WTO's commercial services agreement."
As was stated at the beginning
of this article, the issues involved in online gambling
are a lot more complicated today. Every year a different
twist is added to the Internet mix and nothing ever
stays the same for very long.
If you remember six years ago when
Sen. Jon Kyl (R-Ariz) first introduced his bill,
everyone was heading down under. Why? Because in
Australia Internet gambling was legal.
It was seen as the place to be
if you wanted to corner the market on Internet gambling.
Just ask those who invested there how fast the industry
can change. It's all a gamble, sometimes you win
and sometimes you lose, and no body knows this better
than Jay Cohen.
|