Cong. Waxman's response

[SlapPappy]

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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.

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Most state's have a law or constitutional clause that says just that. Example, in NY it is the state's constitution:
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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.


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Kansas has nothing like this and I am not convinced most states do.

[dikshit]

Money laundering, terrorists & minors

The same lazy stock response they've all given

Well a lot more of the first probably happens in regular casinos, the second is laughable and should be regarded as slander (can recourse be made to such allegations should this whole business come before the courts).

The last thing any of the online sites wants is minors who obviously supply misleading information and give very bad publicity when they are 'victims'.

I reckon all the aid given to Saddam, Bin Laden and the Contras in the past helped terrorism rather more than PP or PS.

With the number of Republicans under a cloud (has Frist also been linked to insider trading?) may be the senate should investigate its own unwholesome record before telling us what we can do.

[burningyen]

Gosh, and all this time I thought Waxman had a brain.

[Vern]

[ 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.


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Kansas has nothing like this and I am not convinced most states do.

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Kansas
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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.


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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.

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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.