Books with online poker content to be banned?

[BigBuffet]

I heard that am amendment to the UIGEA is being debated which would prohibit sales of books in the US that have any content related to online poker. Can they do this??

[amulet]

no. read the constitution.

[StellarWind]

[ QUOTE ]
no. read the constitution.

[/ QUOTE ]
The constitution didn't stop the passage of the UIGEA itself where the exact same thing is done to web sites. The UIGEA says that the Government can order a web site provider to remove any web pages that contain links to illegal gaming sites. The owner of the web site is not even entitled to a hearing or any other due process.

[amulet]

this is not the "exact same thing". this is very different, and clearly constitutional. writing or saying what you want is different then running a web site for profit.

yes the web site owner can have due process, he can file a lawsuit.

but to compare a right covered in the constitution with the part of the uigea that you refer to is not understanding the constitution.



Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

[StellarWind]

[ QUOTE ]
this is not the "exact same thing". this is very different, and clearly constitutional. writing or saying what you want is different then running a web site for profit.

[/ QUOTE ]
The Government can ask an ICS to remove *any* link to an online gaming site. There are no limitations related to the purpose of the link or the website containing it. It doesn't matter if the offending URL is in a New York Times editorial, a Wikipedia article, or even a right-wing hit list of illegal gaming sites. If these things aren't protected speech than I don't know what is.

Plus most of us are not the New York Times and don't have much clout with our ISPs. The law is structured to make it easy for some Government lawyer to send a letter to a large hosting company (ICS) with a list of offending websites and links. Now the ICS could carefully edit out all the offending hyperlinks from its customers' web pages [img]/images/graemlins/tongue.gif[/img]. Or it could simply take entire sites down until their owners can fix them. Or it may just cancel people's accounts and possibly not even bother to explain why. Probably it will do whatever is cheapest and least annoying because it has no reason to care.

[ QUOTE ]
yes the web site owner can have due process, he can file a lawsuit.

[/ QUOTE ]
I guess I'd have to ask a lawyer about this. Do I even have standing to sue the Government because they notified my ISP that my website contained an illegal link? The whole law is structured as if I was not a party to the action. I'm not even entitled to notice of what has been done and may actually not be able to find out.

Finally, permafrost added:

[ QUOTE ]
[ QUOTE ]
The owner of the web site is not even entitled to a hearing or any other due process.

[/ QUOTE ] False. The ICS must be given a "notice" and an "opportunity" to appear as part of the process.

[/ QUOTE ]
The ICS is usually not the owner of the web site. This is not due process for the person whose speech is being censored.

[permafrost]

Finally, permafrost added:

[ QUOTE ]
[ QUOTE ]
The owner of the web site is not even entitled to a hearing or any other due process.

[/ QUOTE ] False. The ICS must be given a "notice" and an "opportunity" to appear as part of the process.

[/ QUOTE ]
The ICS is usually not the owner of the web site. This is not due process for the person whose speech is being censored.

[/ QUOTE ]

Sorry StellarWind, I didn't follow your terminology. I see what you meant now.

[permafrost]

[ QUOTE ]
The owner of the web site is not even entitled to a hearing or any other due process.

[/ QUOTE ]

False. The ICS must be given a "notice" and an "opportunity" to appear as part of the process.

[meleader2]

[ QUOTE ]
I heard that am amendment to the UIGEA is being debated which would prohibit sales of books in the US that have any content related to online poker. Can they do this??

[/ QUOTE ]

[otis_nixon]

[ QUOTE ]
I heard that am amendment to the UIGEA is being debated which would prohibit sales of books in the US that have any content related to online poker. Can they do this??

[/ QUOTE ]

Bigbuffet is seriously my favorite poster.

PokerBob : Schneids :: Me : BigBuffet

[questions]

Can they do it? Yes. Would it stand up in court? No.

But if you heard that from a reputable source, it is sad when you consider the global history of censorship and book-burning.