So is it against the law to play online now?

[The Bandit Fish]

[ QUOTE ]
Besides the states that specifically ban it, it is the position of the U.S. Attorney General that federal law also prohibits it. But he is basing that on the 1963 Wire Act, which courts have repeatedly ruled applies only to TAKING sports bets. So he could arrest anyone, then TRY to make it stick.

[/ QUOTE ]

I have a feeling this would get laughed out of court. Isn't the Wire Act pretty specific about sports betting? Or am I wrong here?

Besides the AG has other things to worry about right now. Like not being thrown in jail for perjury. [img]/images/graemlins/laugh.gif[/img]

[oldbookguy]

This deals with Internet wagering of all kinds.
This list is not just from campatible poker, it is also the same one used by 'skill' gaming sites such as worldwinner, AOl, MSN and YAHOO! games (all 3 affiliates of worldwinner or one skill site or another) along with the other skill gaming sites.

This is where we have a best shot for poker in the short run, then attack the 11 states while defending the 39 other states.

The Poker sites using this list are simply making the claim and stating the position that Poker is a skill game the same as the other card 'skill' games offered; Solitaire, hearts, spades, free cell and many others.

Try going to MSN games or Yahoo games and taking a look see at the variety of card games there for CASH / SKILL money wagering.

MSN:
http://zone.msn.com/en/root/gamebrow...=4&genre=0

YAHOO:
http://games.yahoo.com/skill-games

World Winner:
http://www.worldwinner.com/

obg

[rminusq]

Not quite. The list used by WorldWinner is significantly different: Arizona, Arkansas, Connecticut, Delaware, Florida, Illinois, Iowa, Louisiana, Maryland, Montana, South Carolina, South Dakota, Tennessee, Vermont.

[Skallagrim]

And all of these lists are interpretations, not clearly defined settled state law. In some states, these laws would only apply to tournaments, not cash games. And most are subject to being unconstitutional under the commerce clause.

The fact that these skill sites exist is an important point and quite useful in the argument over online poker, just dont rely on their lists as to how these state laws would govern poker if it is (rightfully) recognized as a skill game.

[oldbookguy]

Excellent point, they are useful for our argument.

As to the 'list' per say, I play some at a poker club and this is the ALLOW list and it INCLUDES Louisiana which has a law against internet gambling as I understand it but does not include Washington State.
Yes, these 'lists' are opinions and do vary.

Alaska
Arizona
California
Colorado
Connecticut
D.C.
Delaware
Florida
Hawaii
Illinois
Iowa
Kansas
Kentucky
Louisiana
Maine
Massachusetts
Mississippi
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Oklahoma
Ohio
Oregon
Pennsylvania
Rhode Island
Tennessee
Texas
Utah
Vermont
Virginia
West Virginia
Wisconsin
Wyoming

obg

[Legislurker]

I think the sad thing is we may need the Regs to be HORRID before we have good enough standing and demonstrable harm to actually get in court. Then I think we can muster enough plaintiffs to start a case in every federal circuit. I think its kind of ironic that the UIGEA is such horrible law its hard to challenge yet since its not been promulgated, but is scary enough everyone wet their corporate panties.

[JPFisher55]

[ QUOTE ]
I think the sad thing is we may need the Regs to be HORRID before we have good enough standing and demonstrable harm to actually get in court. Then I think we can muster enough plaintiffs to start a case in every federal circuit. I think its kind of ironic that the UIGEA is such horrible law its hard to challenge yet since its not been promulgated, but is scary enough everyone wet their corporate panties.

[/ QUOTE ]

This is why I am not holding my breath for seeing regs anytime soon and why if the regs do come out, then they will be general in nature and not add anything specific to the UIGEA.

[Carlson411]

[ QUOTE ]
Besides the states that specifically ban it, it is the position of the U.S. Attorney General that federal law also prohibits it. But he is basing that on the 1963 Wire Act, which courts have repeatedly ruled applies only to TAKING sports bets. So he could arrest anyone, then TRY to make it stick.

[ QUOTE ]
nobody in any state has ever been arrested, or threatened with arrest, for playing online.

[/ QUOTE ]

I have a vague memory of a player arrested by some state, but for the practical purposes of the herd, that's correct.

[/ QUOTE ] UTAH is putting the pressure on players in that state. Super Conservative state.