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General Poker Discussion >> Poker Legislation

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RedCrossGirl
stranger


Reged: 08/06/07
Posts: 7
So is it against the law to play online now?
      #11553353 - 08/06/07 03:46 PM

Im confused, someone please help. Thanks

Chelle


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PLO8FaceKilla
addict


Reged: 05/21/07
Posts: 560
Re: So is it against the law to play online now? [Re: RedCrossGirl]
      #11553384 - 08/06/07 03:48 PM

no its not.

tell all your friends that too please.


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RedCrossGirl
stranger


Reged: 08/06/07
Posts: 7
Re: So is it against the law to play online now? [Re: PLO8FaceKilla]
      #11553600 - 08/06/07 04:01 PM

ok thx

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Skallagrim
old hand


Reged: 11/29/06
Posts: 1071
Loc: The Live Free or Die State
Re: So is it against the law to play online now? [Re: RedCrossGirl]
      #11553861 - 08/06/07 04:16 PM

It depends.


On the place from which you log in, and the specific laws of that place.


There is a search function for these forums, you know.

Skallagrim


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The Bandit Fish
enthusiast


Reged: 12/23/06
Posts: 260
Loc: Eastern NC/Rochester, NY
Re: So is it against the law to play online now? [Re: Skallagrim]
      #11553894 - 08/06/07 04:18 PM

In some states it is. WA and LA come to mind, but there is no federal law against playing poker online.

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oldbookguy
old hand


Reged: 05/30/07
Posts: 820
Loc: wvgeneralstore.com
Re: So is it against the law to play online now? [Re: PLO8FaceKilla]
      #11555882 - 08/06/07 06:30 PM


Yes, some individual states have laws concerning players, others against sites.

Sadly for some, hopefully for many the UIGEA restrictions on Poker / Online Gaming OTHER than sports betting will be limited to these states.

There are 11 that are currently listed as one way or the other, in some cases both.

Compatible Poker lists them as follows:

Illinois
Indiana
Louisiana - felony to play online poker for real money in the US
Michigan
Nevada
New Jersey
New York
Oregon
South Dakota
Washington - felony to play online poker for real money in the US
Wisconsin


obg


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tangled
enthusiast


Reged: 02/10/06
Posts: 318
Re: So is it against the law to play online now? [Re: RedCrossGirl]
      #11557805 - 08/06/07 08:55 PM

One thing is clear though --- nobody in any state has ever been arrested, or threatened with arrest, for playing online.

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Bill Haywood
old hand


Reged: 04/13/03
Posts: 746
Loc: Arkansas
Re: So is it against the law to play online now? [Re: tangled]
      #11557904 - 08/06/07 09:02 PM

Besides the states that specifically ban it, it is the position of the U.S. Attorney General that federal law also prohibits it. But he is basing that on the 1963 Wire Act, which courts have repeatedly ruled applies only to TAKING sports bets. So he could arrest anyone, then TRY to make it stick.

Quote:

nobody in any state has ever been arrested, or threatened with arrest, for playing online.




I have a vague memory of a player arrested by some state, but for the practical purposes of the herd, that's correct.


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Malrick
stranger


Reged: 07/16/07
Posts: 3
Loc: Austin, TX
Re: So is it against the law to play online now? [Re: oldbookguy]
      #11561308 - 08/07/07 01:17 AM

Quote:


Yes, some individual states have laws concerning players, others against sites.

Sadly for some, hopefully for many the UIGEA restrictions on Poker / Online Gaming OTHER than sports betting will be limited to these states.

There are 11 that are currently listed as one way or the other, in some cases both.

Compatible Poker lists them as follows:

Illinois
Indiana
Louisiana - felony to play online poker for real money in the US
Michigan
Nevada
New Jersey
New York
Oregon
South Dakota
Washington - felony to play online poker for real money in the US
Wisconsin


obg




Don't all those states have legal casinos? Did they just outlaw it so that people couldn't play from home?


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jkpoker
addict


Reged: 01/28/07
Posts: 550
Loc: Grinding
Re: So is it against the law to play online now? [Re: Malrick]
      #11562430 - 08/07/07 03:12 AM

Quote:

Quote:


Yes, some individual states have laws concerning players, others against sites.

Sadly for some, hopefully for many the UIGEA restrictions on Poker / Online Gaming OTHER than sports betting will be limited to these states.

There are 11 that are currently listed as one way or the other, in some cases both.

Compatible Poker lists them as follows:

Illinois
Indiana
Louisiana - felony to play online poker for real money in the US
Michigan
Nevada
New Jersey
New York
Oregon
South Dakota
Washington - felony to play online poker for real money in the US
Wisconsin


obg




Don't all those states have legal casinos? Did they just outlaw it so that people couldn't play from home?




This is just primas list of banned states

Most all of them allow live play most have laws banning online play.

I know Idaho spacifically states that poker online or live is illegal and its not there.


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The Bandit Fish
enthusiast


Reged: 12/23/06
Posts: 260
Loc: Eastern NC/Rochester, NY
Re: So is it against the law to play online now? [Re: Bill Haywood]
      #11564743 - 08/07/07 09:34 AM

Quote:

Besides the states that specifically ban it, it is the position of the U.S. Attorney General that federal law also prohibits it. But he is basing that on the 1963 Wire Act, which courts have repeatedly ruled applies only to TAKING sports bets. So he could arrest anyone, then TRY to make it stick.




I have a feeling this would get laughed out of court. Isn't the Wire Act pretty specific about sports betting? Or am I wrong here?

Besides the AG has other things to worry about right now. Like not being thrown in jail for perjury.


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oldbookguy
old hand


Reged: 05/30/07
Posts: 820
Loc: wvgeneralstore.com
Re: So is it against the law to play online now? [Re: Malrick]
      #11564835 - 08/07/07 09:47 AM

This deals with Internet wagering of all kinds.
This list is not just from campatible poker, it is also the same one used by 'skill' gaming sites such as worldwinner, AOl, MSN and YAHOO! games (all 3 affiliates of worldwinner or one skill site or another) along with the other skill gaming sites.

This is where we have a best shot for poker in the short run, then attack the 11 states while defending the 39 other states.

The Poker sites using this list are simply making the claim and stating the position that Poker is a skill game the same as the other card 'skill' games offered; Solitaire, hearts, spades, free cell and many others.

Try going to MSN games or Yahoo games and taking a look see at the variety of card games there for CASH / SKILL money wagering.

MSN:
http://zone.msn.com/en/root/gamebrowser.htm?playmode=4&genre=0

YAHOO:
http://games.yahoo.com/skill-games

World Winner:
http://www.worldwinner.com/

obg


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rminusq
enthusiast


Reged: 07/31/07
Posts: 202
Loc: Maryland
Re: So is it against the law to play online now? [Re: oldbookguy]
      #11587215 - 08/08/07 04:47 PM

Not quite. The list used by WorldWinner is significantly different: Arizona, Arkansas, Connecticut, Delaware, Florida, Illinois, Iowa, Louisiana, Maryland, Montana, South Carolina, South Dakota, Tennessee, Vermont.

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Skallagrim
old hand


Reged: 11/29/06
Posts: 1071
Loc: The Live Free or Die State
Re: So is it against the law to play online now? [Re: rminusq]
      #11588148 - 08/08/07 05:38 PM

And all of these lists are interpretations, not clearly defined settled state law. In some states, these laws would only apply to tournaments, not cash games. And most are subject to being unconstitutional under the commerce clause.

The fact that these skill sites exist is an important point and quite useful in the argument over online poker, just dont rely on their lists as to how these state laws would govern poker if it is (rightfully) recognized as a skill game.


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oldbookguy
old hand


Reged: 05/30/07
Posts: 820
Loc: wvgeneralstore.com
Re: So is it against the law to play online now? [Re: Skallagrim]
      #11589411 - 08/08/07 07:03 PM


Excellent point, they are useful for our argument.

As to the 'list' per say, I play some at a poker club and this is the ALLOW list and it INCLUDES Louisiana which has a law against internet gambling as I understand it but does not include Washington State.
Yes, these 'lists' are opinions and do vary.

Alaska
Arizona
California
Colorado
Connecticut
D.C.
Delaware
Florida
Hawaii
Illinois
Iowa
Kansas
Kentucky
Louisiana
Maine
Massachusetts
Mississippi
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Oklahoma
Ohio
Oregon
Pennsylvania
Rhode Island
Tennessee
Texas
Utah
Vermont
Virginia
West Virginia
Wisconsin
Wyoming

obg


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Legislurker
old hand


Reged: 05/05/07
Posts: 728
Re: So is it against the law to play online now? [Re: oldbookguy]
      #11589951 - 08/08/07 07:45 PM

I think the sad thing is we may need the Regs to be HORRID before we have good enough standing and demonstrable harm to actually get in court. Then I think we can muster enough plaintiffs to start a case in every federal circuit. I think its kind of ironic that the UIGEA is such horrible law its hard to challenge yet since its not been promulgated, but is scary enough everyone wet their corporate panties.

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JPFisher55
old hand


Reged: 06/29/06
Posts: 963
Re: So is it against the law to play online now? [Re: Legislurker]
      #11590831 - 08/08/07 08:49 PM

Quote:

I think the sad thing is we may need the Regs to be HORRID before we have good enough standing and demonstrable harm to actually get in court. Then I think we can muster enough plaintiffs to start a case in every federal circuit. I think its kind of ironic that the UIGEA is such horrible law its hard to challenge yet since its not been promulgated, but is scary enough everyone wet their corporate panties.




This is why I am not holding my breath for seeing regs anytime soon and why if the regs do come out, then they will be general in nature and not add anything specific to the UIGEA.


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Carlson411
enthusiast


Reged: 08/29/06
Posts: 323
Re: So is it against the law to play online now? [Re: Bill Haywood]
      #11598414 - 08/09/07 11:14 AM

Quote:

Besides the states that specifically ban it, it is the position of the U.S. Attorney General that federal law also prohibits it. But he is basing that on the 1963 Wire Act, which courts have repeatedly ruled applies only to TAKING sports bets. So he could arrest anyone, then TRY to make it stick.

Quote:

nobody in any state has ever been arrested, or threatened with arrest, for playing online.




I have a vague memory of a player arrested by some state, but for the practical purposes of the herd, that's correct.


UTAH is putting the pressure on players in that state. Super Conservative state.

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