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Old 10-05-2006, 03:24 AM
Phil153 Phil153 is offline
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Join Date: Oct 2005
Posts: 4,905
Default Re: Few seem to have noticed how the new law \"fixes\" the Wire Act

Let's be clear about this, as evidenced by Ryno's comments above, some of you still think TruePokerCEO knows what he's talking about and amazingly, still trust the guy. As Stellar says, the effect of this law is to broaden the scope of the wire act; it doesn't make gambling itself illegal, only breaking other laws related to internet gambling (i.e. state laws or the wire act). It effectively gives them the power to prosecute under federal law, if a current law has been broken.

Let's have a look at who it applies to:

This is the definition of a bet or wager:

[ QUOTE ]
(1) BET OR WAGER- The term `bet or wager'--

`(A) means the staking or risking by any person of something of value upon the outcome of a contest of others, a sporting event, or a game <u>subject</u> to chance , upon an agreement or understanding that the person or another person will receive something of value in the event of a certain outcome;

[/ QUOTE ]

Now here's the killer in this legislation, and the reason True Poker CEO is either incompetent, or a liar (take your pick):

[ QUOTE ]
`Sec. 5367. Circumventions prohibited

`Notwithstanding section 5362(2), a financial transaction provider, or any interactive computer service or telecommunications service, may be liable under this subchapter if such person has actual knowledge and control of bets and wagers, and--

`(1) operates, manages, supervises, or directs an Internet website at which unlawful bets or wagers may be placed, received, or otherwise made, or at which unlawful bets or wagers are offered to be placed, received, or otherwise made; or

`(2) owns or controls, or is owned or controlled by, any person who operates, manages, supervises, or directs an Internet website at which unlawful bets or wagers may be placed, received, or otherwise made, or at which unlawful bets or wagers are offered to be placed, received, or otherwise made.'.

[/ QUOTE ]

Sites that continue to accept US players ARE BREAKING THE LAW. If someone says otherwise, they are a liar. The text you read above is the reason Party and others with actual lawyers on their staff have pulled out of the US market, and quickly.

The only people who can get around this are ones who live in places without extradition treaties with the US, but they are still breaking the law. If they tell you otherwise, do no listen to another word they say.
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