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Gambling Overview
Gambling sites on the Internet are proliferating at an amazing
rate. Experts estimate that over 1400 sites currently operate
on the Internet from dozens of different countries. In 2000,
Internet gambling sites raked in over $3.1 billion in gaming
revenues. It is estimated that this figure will rise to over
$6 billion by 2003.
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Legality of online gambling
Is it legal to sit at your computer in Columbus, Ohio and place
a bet with Virtual Vegas.com? That's the million-dollar question.
Nevada recently passed legislation allowing state regulators
to draft rules for online betting. New Jersey is considering
similar legislation. In Ohio, however, casino-style gaming is
still illegal. The unanswered question remains as to whether
an Ohioan who is betting on a site that is "physically" located
in a state or country that permits such gambling, violates Ohio
law.
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Federal legislation
Several pieces of legislation introduced in Congress in the
last few years have already attempted to prohibit online gambling.
Although these measures were not passed, the U.S. Department
of Justice has already successfully prosecuted Internet bookmakers
under the Wire Wager Act. Moreover, U.S. Attorney General John
Ashcroft is an outspoken critic of legalized gambling. As a U.S.
Senator, he voted in favor of the bill to outlaw online gambling.
Although President Bush has not stated an opinion on Internet
gambling, it is likely that the Department of Justice will continue
to aggressively pursue these issues.
How courts will react, however, is a different matter. A U.S.
federal district court in Louisiana recently ruled, "at
this point in time, Internet casino gambling is not a violation
of federal law." The court was considering a suit by gamblers
who were trying to renege on paying their gambling debts charged
to their Visa and MasterCards.
This lawsuit has legislators debating on whether to reintroduce
the Internet Gambling Prohibition Act or just ban gambling e-cash.
Without credit card merchants enabling the online gambling, the
online sites will have a much more difficult time conducting
business.
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State gambling laws
Many states already prohibit gaming albeit in many different
ways. State governors recently blamed online gaming for the first
decline ever in the sale of state lottery tickets. Some experts
predict the states will start outlawing Internet gambling while
exempting their own legal forms of gambling. Dormant Commerce
Clause issues, however, will lurk in the background of the passage
of these laws.
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Privacy issues
All e-commerce has been bombarded with the multitude of Internet
privacy issues. Of special interest to these glitzy, snazzy online
casinos is the Children's Online Privacy Protection Act (COPPA).
COPPA is one of the most stringent laws on the books with regards
to Internet regulations. Casino sites on the web are very attractive
to children. Some sites that offer free contests and games to
lure potential gamblers to their site may be particularly vulnerable.
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Global enforcement issues
The majority of gambling sites on the web today operate out
of foreign countries where such gambling is legal. Practical
issues regarding enforcing a state or federal ban on Internet
gaming are enormous. Regulators will be left with focusing on
domestic offenders or individual gamblers betting on their home
PC's. As in child pornography cases, identifying the offenders
will be a daunting task.
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