Comments on: Internet Gambling http://legalgeekery.com/2008/01/22/internet-gambling/ An outlet for some geeks in law school Thu, 16 Oct 2008 03:46:23 +0000 http://wordpress.org/?v=2.6.1 By: Doc Meyer http://legalgeekery.com/2008/01/22/internet-gambling/#comment-12 Doc Meyer Thu, 31 Jan 2008 00:41:05 +0000 http://allocate.wordpress.com/2008/01/22/internet-gambling/#comment-12 Great discussion! Great discussion!

]]> By: shina http://legalgeekery.com/2008/01/22/internet-gambling/#comment-11 shina Mon, 28 Jan 2008 04:44:36 +0000 http://allocate.wordpress.com/2008/01/22/internet-gambling/#comment-11 does all internet gambling are illegal? because we create platform for ADW advance wagering deposit.... for parimutuel betting... well' our company do not engage on the actual betting we just create the platform... bec. we are as software developer. as far as i know they abide legal stuff... just like brisbet and twinspire.... http://www.kanati.com.ph does all internet gambling are illegal? because we create platform for ADW advance wagering deposit…. for parimutuel betting… well’ our company do not engage on the actual betting we just create the platform… bec. we are as software developer. as far as i know they abide legal stuff… just like brisbet and twinspire….

http://www.kanati.com.ph

]]> By: "that" professor http://legalgeekery.com/2008/01/22/internet-gambling/#comment-10 "that" professor Wed, 23 Jan 2008 19:15:31 +0000 http://allocate.wordpress.com/2008/01/22/internet-gambling/#comment-10 Although I would not normally intrude on a student's blog (keeping things compartmentalized) Josh essentially invited me to do so by alerting me to this discussion. So, here are my thoughts ... Vince's comment, although technically correct if parsed, attempts to prove too much. It seems unquestioned that Congress may, within its Commerce Clause power, regulate gambling (see, e.g., RS21984, report of the Congressional Research Service). The Department of Justice has made clear that using the Internet for interstate (or foregin) gambling is illegal under federal law, effectively shutting down all state efforts to permit the practice (and they are aggressively trying to shut down international sites). The only potential window for Internet gambling is the provision of gambling entirely intrastate -- i.e., gambling sites located in Nevada and catering solely to Nevada residents. This indeed may be statutorily permitted under Section 5362. That said, this provision is aimed at certain traditionally protected activities (horseracing, etc.). Should any state pass a comprehensive intrastate gambling statute (permitting, e.g., a variety of casino games), the federal government would almost certainly respond with suffocating oversight and/or new or revised federal statutes eliminating this loophole. That is, I would suggest, precisely why Nevada isn't taking this route. Such regulation (the regulation of intrastate gambling) would be almost certainly within Congress's power under the Commerce Clause (even after Lopez, Morrison, and Gonzalez) because of its economic effect. This is why I find Vince's comment "correct" (if parsed the right way) but relatively unhelpful. Interstate internet gambling is not allowed under federal law. No state (that I know of) permits intrastate internet casino-type gambling. As such, until a state passes that law (and in the unlikely case that the feds do not strike back), I don't see how internet gambling is legal. Thoughts?? Although I would not normally intrude on a student’s blog (keeping things compartmentalized) Josh essentially invited me to do so by alerting me to this discussion. So, here are my thoughts … Vince’s comment, although technically correct if parsed, attempts to prove too much. It seems unquestioned that Congress may, within its Commerce Clause power, regulate gambling (see, e.g., RS21984, report of the Congressional Research Service). The Department of Justice has made clear that using the Internet for interstate (or foregin) gambling is illegal under federal law, effectively shutting down all state efforts to permit the practice (and they are aggressively trying to shut down international sites). The only potential window for Internet gambling is the provision of gambling entirely intrastate — i.e., gambling sites located in Nevada and catering solely to Nevada residents. This indeed may be statutorily permitted under Section 5362. That said, this provision is aimed at certain traditionally protected activities (horseracing, etc.). Should any state pass a comprehensive intrastate gambling statute (permitting, e.g., a variety of casino games), the federal government would almost certainly respond with suffocating oversight and/or new or revised federal statutes eliminating this loophole. That is, I would suggest, precisely why Nevada isn’t taking this route. Such regulation (the regulation of intrastate gambling) would be almost certainly within Congress’s power under the Commerce Clause (even after Lopez, Morrison, and Gonzalez) because of its economic effect. This is why I find Vince’s comment “correct” (if parsed the right way) but relatively unhelpful. Interstate internet gambling is not allowed under federal law. No state (that I know of) permits intrastate internet casino-type gambling. As such, until a state passes that law (and in the unlikely case that the feds do not strike back), I don’t see how internet gambling is legal. Thoughts??

]]> By: allocate http://legalgeekery.com/2008/01/22/internet-gambling/#comment-9 allocate Wed, 23 Jan 2008 02:23:56 +0000 http://allocate.wordpress.com/2008/01/22/internet-gambling/#comment-9 Thanks for bringing this to my attention! I read up on 31 USCS § 5362 and it looks like it can definitely be legal under the right circumstances. Thanks for bringing this to my attention! I read up on 31 USCS § 5362 and it looks like it can definitely be legal under the right circumstances.

]]> By: Vince http://legalgeekery.com/2008/01/22/internet-gambling/#comment-8 Vince Wed, 23 Jan 2008 01:59:48 +0000 http://allocate.wordpress.com/2008/01/22/internet-gambling/#comment-8 FYI.... Online Gambling was not made illegal!!! Recognizing that online gambling itself is not illegal, and that the 2006 Unlawful Internet Gambling Enforcement Act (UIGEA) permits states to control gambling on the Internet within their own borders, See one of many sources that address this. http://www.pokerpages.com/poker-news/news/nevada-shelves-online-gambling-plans-for-now-based-on-survey-30285.htm FYI…. Online Gambling was not made illegal!!!

Recognizing that online gambling itself is not illegal, and that the 2006 Unlawful Internet Gambling Enforcement Act (UIGEA) permits states to control gambling on the Internet within their own borders,

See one of many sources that address this.

http://www.pokerpages.com/poker-news/news/nevada-shelves-online-gambling-plans-for-now-based-on-survey-30285.htm

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