Re: PPA has released its UIGEA regulations comment talking points
The UIGEA give the Treasury and DOJ the power to adopt regulations to enforce this law. I would argue that defining the term unlawful internet gambling is within the scope of this power. If the regulators adopted a definition that some party disputes, then that party can file litigation in federal court to resolve the matter. But with no definition and not being able to sue the bank applying the term without a definition, going to court is much more difficult. Not impossible, but much more difficult. Thus, the regulators realize that no definition is favorable to them.
The odds of them deciding to attempt a definition is about that of a 1 outer after the flop. I doubt that any adopted definition would mention poker. I think that it would define all online gambling to be unlawful or only sports betting on the federal level and expressly banned games by each state statute. The latter definition would be great and the former would start litigation that online poker would be more likely to win than lose.
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