TStoneMBD
09-30-2006, 10:06 AM
im sure you all know, i know nothing about law. i have no law experience whatsoever. however, i read the bill and am trying to summarize the implications to the best of my understanding below.
p 241
"in general, any person who violates section 5363 shall be fined under title 18, imprisoned for not more than 5 years, or both.
permanent injunction -- upon conviction of a person under this section, the court may enter a permanent injunction enjoining such person from placing, receiving, or otherwise making bets or wagers or sending, receiving, or inviting information assisting in the placing of bets or wagers."
section 5363 prohibits businesses from accepting financial transactions to gambling sites.
basically stated, if you run an operation that assists in people depositing to gambling sites, you are subject to the aforementioned penalities on page 241.
it does not appear in any way that the fines and imprisonment stated above are applicable to those that engage in internet gambling.
section 5363 however, does not look to be specific as to whether players can be penalized against. it states on page 230:
"no person engaged in the business of betting or wagering may knowingly accept, in connection with the participation of another person in unlawful internet gambling --
(2) an electronic fund transfer, or funds transmitted by or through a money transmitting business, or the proceeds of an electronic fund transfer or money transmitting service, from or on behalf of such other person"
it says "no person engaged in the business of...". people who play poker on poker sites are engaged in the business. this means that they are likely liable to the same laws to be followed that owners of operations are liable to.
it says people engaged in online gambling industries cannot accept EFTs or funds through money transmitting businesses.
that could be construed to mean that players cannot transfer money from a poker site to any other means of electronic transfer. if thats the case, we would then be subject to the punishments listed on page 241, up to 5 years in prison and fines.
source, the bill: http://www.rules.house.gov/109_2nd/text/hr4954cr/hr49543_portscr.pdf
p 241
"in general, any person who violates section 5363 shall be fined under title 18, imprisoned for not more than 5 years, or both.
permanent injunction -- upon conviction of a person under this section, the court may enter a permanent injunction enjoining such person from placing, receiving, or otherwise making bets or wagers or sending, receiving, or inviting information assisting in the placing of bets or wagers."
section 5363 prohibits businesses from accepting financial transactions to gambling sites.
basically stated, if you run an operation that assists in people depositing to gambling sites, you are subject to the aforementioned penalities on page 241.
it does not appear in any way that the fines and imprisonment stated above are applicable to those that engage in internet gambling.
section 5363 however, does not look to be specific as to whether players can be penalized against. it states on page 230:
"no person engaged in the business of betting or wagering may knowingly accept, in connection with the participation of another person in unlawful internet gambling --
(2) an electronic fund transfer, or funds transmitted by or through a money transmitting business, or the proceeds of an electronic fund transfer or money transmitting service, from or on behalf of such other person"
it says "no person engaged in the business of...". people who play poker on poker sites are engaged in the business. this means that they are likely liable to the same laws to be followed that owners of operations are liable to.
it says people engaged in online gambling industries cannot accept EFTs or funds through money transmitting businesses.
that could be construed to mean that players cannot transfer money from a poker site to any other means of electronic transfer. if thats the case, we would then be subject to the punishments listed on page 241, up to 5 years in prison and fines.
source, the bill: http://www.rules.house.gov/109_2nd/text/hr4954cr/hr49543_portscr.pdf