New Cardplayer article on WTO & the legislation

[Mr.K]

good post -- agree with what you are saying as far as the direction this is going @ WTO.

[Jay Cohen]

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Bottom line. Antigua won. The US needs to either ban all remote wagering or allow Antigua access .

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So essentially the US has the choice of:
1) banning all remote wagering
2) permitting Antiguan remote horse raise betting

Finally if the US does not comply that essentially opens up the doors to all remote gambling. Am I correct?

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The question being debated is whether compliance would require all gambling be made legal or just foreign horse racing.

The specific spot where the Antigua won is that the bills make exemptions for domestic horse racing. If it didn't specifically single out domestic horse racing, then all prohibitions would already have been in compliance. The ONLY thing that makes U.S. laws out of compliance is this exemption. Thus, all the US has to do is 1) get rid of the exemption or 2) give foriegn gambling firms the same exemptions.

JC is playing advocat for Antigua. His argument is exactly the argument that I would make. Personally, I agree with his position, but this isn't the direction that the appeallate body seems to be taking us in. A reading of the opinion and it is clear that they are reversing the panel on most issues and carving out a way for the U.S. to prohibit gambling.

Yes, Antigua can claim victory on one small point, but its a hollow victory. Antigua wants an open door policy to gambling. To even have a chance at getting U.S. compiance in this, they would need a clear and convincing ruling from the WTO that they aren't in compliance. We need a ruling that is it is non compliance to prohibit poker and sports betting and casino games, not one that just says that laws prohibiting horse racing wagers are non compliant.

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This is my last statement to you on this issue. Antigua did not challenge the horse racing laws. The only reason horse racing was brought up was part of challenging the US's affirmative moral's defense. Once that failed because of the horse racing it goes back to the main case.

At the end of the Appellate Body decision they tell the US to bring the Federal measures into compliance, the Wire Act, the travel Act, and the Illegal Gambling Business Act.

The Appellate Body and the lower panel did not distinguish between horse racing and other types of gambling. They put them all together as remote gambling. Once you offer one, you can't ban the others on moral grounds.

You'll see in a few months when the Compliance panel riles the US is out of compliance.

Even if the bill said Antigua book all the horses you want it would only further advance Antigua's case since the US is hanging its hat on we need these laws to protect public morals so we can't have these activities. By allowing one they have to allow them all.

[Jay Cohen]

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This latest bill changed Antigua's case from a home run to a grand slam.

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Its really great to have you as a contributer here at 2+2, I have been watching this case for a long time now wondering what will happen once it gets to the compliance phase. What in your opinion will be the result, and what occurs in the event that the US is not in compliance?

Also, if you were the CEO of Party or one of the many EU based companies which are publicly traded what would your action be once the bill is signed into law?

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What would I do? I would fight!

But that's the problem today, everybody rolls. They charged 20 other people besides me. Of the 13 they got custody of (Me because I voluntarily returned), 2 were dismissed, 10 plead guilty and I fought.

It would have been nice for them to have had to fight all 11 cases and for the 11 to share resources.

I hope when this all shakes out and if Party comes back everyone remembers who stood up for them and who did not.

[Vee Quiva]

Does anyone think that Antigua could raise an army and invade us? A foreign coup may solve all our problems. I'm sure they could overpower our defense since all of our troops are in Iraq fighting a pointless war.