It
should first be noted that many online casinos are
licensed in the Caribbean Islands, and are providing
jobs and economical growth where it is well needed.
Licenses are also available in Africa, Europe, and
other parts of the world as the debate over legalization,
regulation, and freedom on the Internet is widened.
Originally the U.S took a stand opposing online gambling, using a
law known as the Wire Act to prohibit online casinos. To date, 18 U.S.C.1084,
is still the
law most likely to be used in prosecuting casinos. However as legal experts
have tried to demonstrate, the Wire Act is riddled with loopholes. In fact, invocation
of this law has only added to the contention that new legislation is necessary.
On
March 19, 1997 the Internet Gambling Prohibition Act,
better known as the "Kyl bill" was originally
introduced. The proposed act would modify the federal
Interstate Wire Act 18 U.S.C.1084, which forbids interstate
gambling by telephone or other wire devices but not
the Internet by name. (The Wire Act is a law dating
back approximately 40 years, and predates the Internet
and most other modern communications networks.)
Senator
Kyl's bill threatened to authorize the Federal Communications
Commission to enforce regulations against interstate
computer service providers, prohibiting the interstate
or foreign transmission of gambling information. The
FCC could potentially order ISPs to shut down or block
access to gambling Web sites, even if those are based
outside the United States. Online casinos assert that
they fall under the legislature of their Country of
licensing, and that U.S. law would not affect them.
Many doubt the technological ability for governments
to insure a blanket ban, although a recent initiative
in the U.S. calls for a ban on the use of credit cards
and wire transfers for the purposes of web wagering.
Australia
had originally positioned itself to generate tax revenues
through regulation of this hugely profitable industry.
The Interactive Gambling (Player Protection) Act was
passed by Parliament on March 18, 1998 and commenced
on October 1st 1998, but recently there has been a
reversal of fortune for casino operators Down Under.
After a prolonged moratorium on the spread of online
gambling, the Australian Senate passed a ban on interactive
gaming, forcing Australian sites to close their doors
and declaring that the public would not be allowed
to gamble on the Net.
In
the U.K., where gambling on sports has long been an
accepted part of life for many, signs of easing restrictions
on Internet gaming are many. Recently The Isle of Man,
which is part of the United Kingdom, but makes many
of its own laws, opened its doors and began to grant
licenses to new cyber-gaming ventures. Las Vegas-based
casino giant MGM Mirage was one of the first to apply.
Even more sweeping was a relaxation in England's betting
tax, a move that coincided with the government's decision
to woo British operators of large-scale sportsbetting
sites back into the motherland, thereby keeping countries
overseas from collecting massive tax profits from U.K.
businesspeople.
The
converse attitude has recently been displayed in the
United States, where the Wire Act was successfully
used to prosecute Jay Cohen, former owner a the sports
wagering site World Sports Exchange. Cohen was sentenced
to serve one year and nine months for his activities.
His recent appeal to overturn the conviction was upheld
by the 2nd U.S. Circuit Court, saying that betting
was "clearly illegal in New York". No further
comment was issued on the legality of hundreds of other
sites that offer the same services to U.S. bettors.
Results
show that despite fractured attempts to ban or place
tighter controls on Internet gambling, more and more
people worldwide are wagering online. Expert opinion
is that legislation cannot constrain the rate of growth
taking place in the industry, no matter the legal issues
involved.
Despite
efforts to pass a bill in the U.S. Congress, many people
in America do gamble online. Americans spend US$600
billion a year on gaming every year, and even the land-based
casinos in Vegas are starting to get in on the action.
Around the world, different countries have taken varying
stances: In China, Hong Kong passed a bill tightening
gambling controls but leaving online gambling alone,
in recognition that a ban would be unenforceable.
The
most recent failure of the "Kyl Bill" in
the United States to ban online gambling in the last
quarter of 2000 came as little surprise. There was
a race between the states of Nevada and New Jersey
to develop a framework for the regulation of legal
online gambling, as the first to do so would gain a
competitive advantage over the other. That race looks
to have ended when support for online gaming in the
New Jersey dwindled.
Assembly
Bill 3150 would have legalized Internet gambling in
New Jersey operated by Atlantic City casinos, and played
by New Jerseyans. Assemblyman Anthony Impreveduto,
who wrote the bill, said legal interpretations could
open the state to gamblers throughout the U.S. It was
his stated belief that both the Nevada and New Jersey
bills might permit any U.S. adult to gamble because
the casino's computer server would be located in a
legal gaming jurisdiction. Alas, Bill 3150 never came
to pass into law, and New Jersey legislators have missed
their first opportunity to open up the state to online
gambling. There's no telling if and when the bill will
be re-introduced, or whether New Jerseyans will ever
be permitted to open their own casinos online.
The
dice have now been cast in the opposite direction by
legislators in Nevada, who have recently signed into
law a bill that would see legal, regulated online casinos
being operations. Should the gambling state's cautiously
optimistic Gaming Commission prove able to offer a
regulated industry, where virtual dollars could turn
to real tax benefits for the people and government
of Nevada, it will open the doors for the world's most
famous gambling destination to lead the way in online
entertainment. The legalization is contingent upon
the Gaming Commission, who need satisfaction that any
licensed website offering legal, 24 hour virtual casino
games can be regulated using current technology. Concerns
range from keeping minors from wagering, to guarding
against network intrusion, to simply keeping gamers
from a non-gambling jurisdiction from playing.
Many
website operators welcome regulation as a way of insuring
a common set of ethics that all would adhere to. An
industry-wide set of standards provides more security
for the consumer in this growing field of e-commerce,
without infringing on the right of the owner to conduct
a fair and profitable business. Regulation could also
provide for a better means of monitoring and responding
to the social aspects of gambling, while allowing people
the freedom to entertain themselves however they choose. |