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Old 04-23-2007, 07:07 PM
MiltonFriedman MiltonFriedman is offline
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Default DOJ 1998 testimony stating an offshore casino can take US bets

Does anyone have a source for testimony by DOJ about the
Wire Act banning or not banning poker which is more recent than that quoted below ?


STATEMENT OF KEVIN V. DI GREGORY,
DEPUTY ASSISTANT ATTORNEY GENERAL
CRIMINAL DIVISION
BEFORE THE SUBCOMMITTEE ON CRIME COMMITTEE ON THE JUDICIARY
U.S. HOUSE OF REPRESENTATIVES
CONCERNING
GAMBLING ON THE INTERNET
PRESENTED ON

JUNE 24, 1998

That being said, 18 U.S.C. 1084 -- the Wire Communications Act -- currently prohibits someone in the business of betting and wagering from using a wire communication facility for the transmission in interstate or foreign commerce of bets or wagers on any sporting event or contest. …
However, the Department also recognizes that the advent of Internet gambling may have diminished the overall effectiveness of the Wire Communications Act, in part, because that statute may relate only to sports betting and not to the type of real-time interactive gambling (e.g., poker) that the Internet now makes possible for the first time. Therefore, the Department generally supports the idea of amending the federal gambling statutes by clarifying that the Wire Communications Act applies to interactive casino betting and that the Act covers all Internet use, even if the Internet transmissions use modern technology -- such as satellite communications -- that may not be included in the traditional definition of "wire communications." …
With regard to the international aspects of the legislation, the United States needs to be very sensitive to issues of international law and comity in the Internet context. Because other countries, such as Australia, have declared their intention to permit Internet gambling operations to accept bets and wagers via the Internet, it will be difficult to enforce Internet gambling prohibitions against operations located outside the United States. More specifically, a foreign national who is operating a licensed Internet-based casino in his country will not be violating his country's laws if he solicits or accepts bets from United States citizens."

Keep in mind that the Wire Act was NOT amended by the UIGE Act.
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