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#1
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In case anyone cares...
--------- Dear Mr. [Tipperdog]: Thank you for letting me know of your opposition to H.R. 4411, the Unlawful Internet Gambling Enforcement Act. I appreciate your taking the time to write. Only gambling activities that are specifically authorized by the states are legal. Because no state authorizes internet gaming, it is currently illegal in the U.S. and most gaming websites are based offshore. As a result, there has been no regulatory oversight of the integrity of the games or gambling by minors. In addition, federal law enforcement agencies have indicated that these sites are vulnerable to being used for money laundering, terrorist financing, and other criminal activities. The House of Representatives passed H.R. 4411 on July 11, 2006 by a vote of 317-90. An amended version, which directs the Treasury Department and Federal Reserve to outline procedures financial institutions can use to stop gambling-related financial transactions, passed the House and Senate and was signed into law on October 13. While we disagree on the merits of this bill, I appreciate having the benefit of your perspective and will be sure to keep your view in mind should Congress revisit this issue in the future. To learn more about my work in Congress or register for periodic e-mail updates, please visit my website at www.house.gov/waxman. Thank you again for writing, and please keep in touch on issues of concern. With kind regards, I am Sincerely, Henry A. Waxman Member of Congress. |
#2
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"Only gambling activities that are specifically authorized by the states are legal. Because no state authorizes internet gaming, it is currently illegal in the U.S."
Why? Does the UIGEA specifically state that if a state doesn't authorize internet gaming then it is illegal? If it does then it is news to me. And I am pretty sure the Wire Act doesn't do so. |
#3
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Obviously the statement you cite by Waxman is open to debate. Let's use some logic here:
"Only ______ activities that are specifically authorized by the states are legal. Because no state authorizes _______ activities, it is currently illegal in the U.S." Fill in the blank with any activity a state does not specifically authorize. Then according to Waxman it must be illegal. If I play softball it must illegal since no state specifically authorized it. Apparently according to Waxman, internet poker is different than casino poker as well. Ok..... It's the same bunk we've seen in posts from other Congressman. |
#4
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"Suppose you were an idiot. And suppose that you were a member of Congress. But I repeat myself." -- Mark Twain
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#5
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[ QUOTE ]
"Suppose you were an idiot. And suppose that you were a member of Congress. But I repeat myself." -- Mark Twain [/ QUOTE ] Great quote btw. The sad part is that the electorate is basically treated like idiots by their electors most of the time IMO. The responses from members of Congress posted here support that notion. |
#6
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[ QUOTE ]
[ QUOTE ] "Suppose you were an idiot. And suppose that you were a member of Congress. But I repeat myself." -- Mark Twain [/ QUOTE ] Great quote btw. The sad part is that the electorate is basically treated like idiots by their electors most of the time IMO. The responses from members of Congress posted here support that notion. [/ QUOTE ] Couldn't agree with you more on that... |
#7
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[ QUOTE ]
"Suppose you were an idiot. And suppose that you were a member of Congress. But I repeat myself." -- Mark Twain [/ QUOTE ] LOL. [img]/images/graemlins/grin.gif[/img] |
#8
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[ QUOTE ]
"Only gambling activities that are specifically authorized by the states are legal. Because no state authorizes internet gaming, it is currently illegal in the U.S." Why? Does the UIGEA specifically state that if a state doesn't authorize internet gaming then it is illegal? If it does then it is news to me. And I am pretty sure the Wire Act doesn't do so. [/ QUOTE ] Most state's have a law or constitutional clause that says just that. Example, in NY it is the state's constitution: [ QUOTE ] Article I Sec. 9. 1. No law shall be passed abridging the rights of the people peaceably to assemble and to petition the government, or any department thereof; nor shall any divorce be granted otherwise than by due judicial proceedings; except as hereinafter provided, no lottery or the sale of lottery tickets, pool-selling, book-making, or any other kind of gambling, except lotteries operated by the state and the sale of lottery tickets in connection therewith as may be authorized and prescribed by the legislature, the net proceeds of which shall be applied exclusively to or in aid or support of education in this state as the legislature may prescribe, and except pari-mutuel betting on horse races as may be prescribed by the legislature and from which the state shall derive a reasonable revenue for the support of government, shall hereafter be authorized or allowed within this state; and the legislature shall pass appropriate laws to prevent offenses against any of the provisions of this section. [/ QUOTE ] |
#9
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[ QUOTE ]
[ QUOTE ] "Only gambling activities that are specifically authorized by the states are legal. Because no state authorizes internet gaming, it is currently illegal in the U.S." Why? Does the UIGEA specifically state that if a state doesn't authorize internet gaming then it is illegal? If it does then it is news to me. And I am pretty sure the Wire Act doesn't do so. [/ QUOTE ] Most state's have a law or constitutional clause that says just that. Example, in NY it is the state's constitution: [ QUOTE ] Article I Sec. 9. 1. No law shall be passed abridging the rights of the people peaceably to assemble and to petition the government, or any department thereof; nor shall any divorce be granted otherwise than by due judicial proceedings; except as hereinafter provided, no lottery or the sale of lottery tickets, pool-selling, book-making, or any other kind of gambling, except lotteries operated by the state and the sale of lottery tickets in connection therewith as may be authorized and prescribed by the legislature, the net proceeds of which shall be applied exclusively to or in aid or support of education in this state as the legislature may prescribe, and except pari-mutuel betting on horse races as may be prescribed by the legislature and from which the state shall derive a reasonable revenue for the support of government, shall hereafter be authorized or allowed within this state; and the legislature shall pass appropriate laws to prevent offenses against any of the provisions of this section. [/ QUOTE ] [/ QUOTE ] Kansas has nothing like this and I am not convinced most states do. |
#10
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[ QUOTE ]
[ QUOTE ] [ QUOTE ] "Only gambling activities that are specifically authorized by the states are legal. Because no state authorizes internet gaming, it is currently illegal in the U.S." Why? Does the UIGEA specifically state that if a state doesn't authorize internet gaming then it is illegal? If it does then it is news to me. And I am pretty sure the Wire Act doesn't do so. [/ QUOTE ] Most state's have a law or constitutional clause that says just that. Example, in NY it is the state's constitution: [ QUOTE ] Article I Sec. 9. 1. No law shall be passed abridging the rights of the people peaceably to assemble and to petition the government, or any department thereof; nor shall any divorce be granted otherwise than by due judicial proceedings; except as hereinafter provided, no lottery or the sale of lottery tickets, pool-selling, book-making, or any other kind of gambling, except lotteries operated by the state and the sale of lottery tickets in connection therewith as may be authorized and prescribed by the legislature, the net proceeds of which shall be applied exclusively to or in aid or support of education in this state as the legislature may prescribe, and except pari-mutuel betting on horse races as may be prescribed by the legislature and from which the state shall derive a reasonable revenue for the support of government, shall hereafter be authorized or allowed within this state; and the legislature shall pass appropriate laws to prevent offenses against any of the provisions of this section. [/ QUOTE ] [/ QUOTE ] Kansas has nothing like this and I am not convinced most states do. [/ QUOTE ] Kansas [ QUOTE ] 21-4302. Gambling; definitions. (a) "Bet" means a bargain in which the parties agree that, dependent upon chance, one stands to win or lose something of value specified in the agreement. A bet does not include: (1) Bona fide business transactions which are valid under the law of contracts including, but not limited to, contracts for the purchase or sale at a future date of securities or other commodities, and agreements to compensation for loss caused by the happening of the chance including, but not limited to, contracts of indemnity or guaranty and life or health and accident insurance; (2) offers of purses, prizes or premiums to the actual contestants in any bona fide contest for the determination of skill, speed, strength, or endurance or to the bona fide owners of animals or vehicles entered in such a contest; (3) a lottery as defined in this section; (4) any bingo game by or for participants managed, operated or conducted in accordance with the laws of the state of Kansas by an organization licensed by the state of Kansas to manage, operate or conduct games of bingo; (5) a lottery operated by the state pursuant to the Kansas lottery act; (6) any system of parimutuel wagering managed, operated and conducted in accordance with the Kansas parimutuel racing act; or (7) tribal gaming. [/ QUOTE ] [ QUOTE ] Gambling is: (a) Making a bet; or (b) Entering or remaining in a gambling place with intent to make a bet, to participate in a lottery, or to play a gambling device. Gambling is a class B nonperson misdemeanor. [/ QUOTE ] So in Kansas it is illegal to place a bet unless it has been "excepted" out by law. Check out the summary at: http://www.gambling-law-us.com/State-Law-Summary/ Any state listed as No to social gambling, has a generic "no gambling is allowed except for this..." statute. NY does not have criminal statute for social gambling, so it is not an offense of law to gamble with another person on an equal footing, but the bets are unlawful contracts per the state's contitution which means they cannot be enforced through civil action. |
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