This is part 1 of a multipart series of articles regarding proposed anti-gambling legislation. In this article I discuss the proposed legislation, what the politicians say it does, some facts about the current state of online gambling, and what the bills really propose.
The legislators are trying to protect us from something, or are they? The whole thing seems a little confusing to say the least.
The House, and the Senate, are once again considering the issue of “Online Gambling”. Bills have been submitted by lsm99 Congressmen Goodlatte and Leach, and also by Senator Kyl.
The bill being put forward by Rep. Goodlatte has the stated intention of updating the Wire Act to outlaw all forms of online gambling, to make it illegal for a gambling business to accept credit and electronic transfers, and to force ISPs and Common Carriers to block access to gambling related sites at the request of law enforcement.
Just as does Rep. Goodlatte, Sen. Kyl, in his bill, Prohibition on Funding of Unlawful Internet Gambling, makes it illegal for gambling businesses to accept credit cards, electronic transfers, checks and other forms of payment, but his bill does not address the placement of bets.
The bill submitted by Rep. Leach, The Unlawful Internet Gambling Enforcement Act, is basically a copy of the bill submitted by Sen. Kyl. It focuses on preventing gambling businesses from accepting credit cards, electronic transfers, checks, and other payments, and like the Kyl bill makes no changes to what is currently legal.
According to Rep. Goodlatte “While gambling is currently illegal in the United States unless regulated by the states, the development of the Internet has made gambling easily accessible. It is common for illegal gambling businesses to operate freely until law enforcement finds and stops them.”
In fact, American courts have determined that the Wire Act makes only Sports Betting illegal, and even then only across telephone lines. Very few states have laws that make online gambling illegal, some states and Tribes have taken steps to legalize online gambling, and even the Federal government recognizes some forms of online gambling as being legal.