is there wiggle room to allow individual states to operate online site

[whitepotatoe]

It is almost comical that states that choose to legalize gambling can only place intrastate wagers unless its exempt. Think about Rhode Island, they would probably never get more than fifty people online at once. LOL at the game selection: Two tables of .10/.25 nl, one full table at 1/2, one 6 max at 2/4, a 10+1 sit and go, and a heads up 5/10 game. This is only funny because it's almost 7 am.

[dxu05]

[ QUOTE ]
red,

It says a state or Indian tribal land must deny access to those outside its own borders. Click on the bill text link in Nate's thread and start on p.213 then page down until you see it. It is very clear. Furthermore, congress, by virtue of the commerce clause, has the power to regulate inter-state commerce, which that would be. Also, current parimutual horse racing pools, as well as powerball lotteries, involve sales (wagers) purchased (made) in a B&M joint and not over net, except for horse racing (over the phone through UBet) which got a carve out in the language while other forms of gambling other than fantasy sports didn't.

[/ QUOTE ]

I think the bill said as a rule of construction that any subclauses will not supercede state laws. In addition, I thought the main restriction against intrastate gambling was the wire act which I saw on saveonlinegambling might get removed.

[BluffTHIS!]

dxu,

The rule of construction means that the bill won't legalize intra-state online gaming if those states don't positively make it legal. But the rest of the intra-state language in the bill would not be necessary if they weren't in fact allowing the states to legalize intra-state online gambling for their own citizens if they intended or believed the wire act to make it illegal anyway. The wire act gets its constitutional basis from the commerce clause, which can only regulate inter-state commerce. Although subsequent court decisions specify the commerce clause includes the instrumentalities of commerce like phones or the net, that still doesn't make it apply inside of a state only to my understanding. I'm no lawyer again, but I think what I have just said is accurate.

[whitepotatoe]

The Wire Act does not apply to intra state gambling over phone lines, even if it is illegal in that state under state law. Of course, then the charges would be brought under the state law rather than the Wire Act. However, if a state has no law prohibiting it, then intra-state gambling would be perfectly legal in that state.

[BluffTHIS!]

True. But most states have laws making only the forms of gambling explicitly excepted legal, with all other forms being illegal. Therefore we need states to make such specific laws which is the thrust of my thread on the PPA.

[DrewOnTilt]

[ QUOTE ]
It is almost comical that states that choose to legalize gambling can only place intrastate wagers unless its exempt. Think about Rhode Island, they would probably never get more than fifty people online at once. LOL at the game selection: Two tables of .10/.25 nl, one full table at 1/2, one 6 max at 2/4, a 10+1 sit and go, and a heads up 5/10 game. This is only funny because it's entirely true.

[/ QUOTE ]

FYP

[FortunaMaximus]

Quick question:

Given the recent release of Dicks, the former SportingOnBet exec, and the denial of his extradition to Louisiana because internet gambling is not illegal in New York...

How plausible is it that this issue could go the way of the medical marijauna initative?

What I mean is, is there a probable scenario where states could take a stand on Internet gambling in opposition to Federal legislation?

[BluffTHIS!]

The federal legislation doesn't prevent, as mentioned above, a state allowing a poker site for its own citizens only. But what they can't overide is not allowing their citizens to play on offshore sites.

[FortunaMaximus]

Excapsa, I believe, operates its servers on Mohawk territory, and Mohawk territory in the southern Ontario and Quebec area straddle the US/Canada border and is answerable to both countries on some matters. Would this be a possible alternative to offshore sites?

[BluffTHIS!]

Tribal lands are listed in the new law and subject to the same restrictions as the states. I.E., they can have an online poker room only for residents of their own tribal lands to play in.