Action poker lists 19 states

[gila]

Action Poker Network’s Position on the Recent US Legal Developments

We deeply regret the decision of the US Congress which through the passing of the Unlawful Internet Gambling Act has banned gaming sites from accepting bets from US based customers. We would like to update you on the decisions we have taken and to inform you of the changes to our gaming products and services in light of this event.

First, and foremost, we thank you for your patronage, and although we are forced to take these measures now, we anticipate that in the very near future, perhaps in matter of days or weeks, we shall reopen to US customers. Prior to that, we would like to update you on the decisions we have taken to immediately deal with this issue and to inform you of the changes to our gaming products and services in light of this event.

For Existing Members:

* We will no longer be able to accept deposits from US based members.
* To allow for an orderly wind down of the US business, Action Poker Network will remain open for US customers for real money poker play utilizing their existing account balances for one month UNLESS such customers are from either of the following states where there is a law against internet gaming: Florida, Indiana, Illinois, Kansas, Louisiana, Massachusetts, Minnesota, Missouri, Montana, Nevada, New York, Oregon, Rhode Island, South Dakota, Texas, Washington, Wisconsin, Utah, and Hawaii. Customers from these states will be unable to play for real money effective immediately.
* At the end of the month long period, US residents will be prevented from playing real money poker at Action Poker Network.
* The new legislation does not apply to payouts. US based members with money in their account with us will be able to request payouts. However, once a payout has been processed, US members will be unable to deposit those funds back into their member accounts.
* Play for fun versions will continue to be available for your gaming enjoyment.
* US based members may keep their accounts open as we hope to reopen our service to US based members in the very near future

For New Members:

* New US based members are welcome to register for play for fun versions of our software.
* For the time being, new US based members will not be able to deposit or play real money.

For both existing and new US based members, our Customer Support will remain available, 24 hours a day, 7 days a week. Please feel free to contact us if you have any questions regarding your account or any other matter.

Again, we express our sincere thanks for your patronage, and we hope to have the opportunity to serve you again shortly.

Sincerely,

Cedric,

[Jeff Oneye]

Thanks for posting this. I've noticed some inconsistency in the states being listed as prohibited. As far as I know, there are some states where the legal interpretation is unambiguous (such as Utah, Hawaii) but this list must be extremely cautious. For example, I don't recall seeing Minnesota banned from most other sites (that are implementing bans state by state). Is this an instance of consult 9 lawyers and get 10 different opinions?

Jeffrey

[OldNantucker]

Is online poker illegal in the states listed above? The recent legislation did not playing online poker illegal. Were there pre-exising laws in these states?

[2461Badugi]

[ QUOTE ]
For example, I don't recall seeing Minnesota banned from most other sites (that are implementing bans state by state).

[/ QUOTE ]

They're definitely the first ones banning MN. And yet they didn't ban CO, which is very similar to us poker-legally (by my understanding, which is admittedly primitive). I don't get it.

Edit: we do have some funky internet-specific laws which I suppose might be extended to gambling.

[destroBU]

[ QUOTE ]
Is online poker illegal in the states listed above? The recent legislation did not playing online poker illegal. Were there pre-exising laws in these states?

[/ QUOTE ]

I want to know more about this too. I'm in Illinois and until recently I didn't have even a clue that Illinois may have something on the books about internet gambling. Is it truly illegal, or is it some standard ambiguous muddled legislative crap, or what?

Any info on this would be appreciated.

[disjunction]

Not a lawyer, looking at the states listed, I have a good guess at where this is coming from. There's a good chance that these are the states whose courts have not ruled poker to be a "game of skill" as opposed to a "game of chance", which was previously of interest to people who wanted to hold home games or home tournaments or whatever. It seems like a reach for Action Poker to care about this rule though.

[SlapPappy]

On the site www.gambling-law-us.com it only list about eight states with explicit internet gambling prohibition. Action poker listing nineteen seems a little odd and makes me wonder about the legimaticy of this list. Where is Action Poker getting their information? This seems way to strict an interpretation existing state laws.
I looked up Kansas gambling law, where I am at, and there is a law on the books punishing the end user of computer gambling, but not the provider. This seems strange to me. But on the www.gambling-law-us.com there is a "no" under the express internet prohibition category for Kansas. So, I would do some research on the gambling law for your own state to be sure as there seems to be some inconsistencies.

[destroBU]

I love how everything is always so clear cut and easy to understand with state and federal legislation [img]/images/graemlins/mad.gif[/img]

Thanks

[Phil153]

[ QUOTE ]
I looked up Kansas gambling law, where I am at, and there is a law on the books punishing the end user of computer gambling, but not the provider.

[/ QUOTE ]
EXACTLY. Now go read the Port Security Act.

[SlapPappy]

[ QUOTE ]
EXACTLY. Now go read the Port Security Act.

[/ QUOTE ] Phil I've read your debates with TruePoker before so I really don't need to read any more of the Port Security Act. I understand, though, that it does nothing to further the Wire Act which I am sure you might disagree with. However, I think you were arguing with TruePoker CEO that it does however expand the power of the federal gov't to enforce state laws with regards to gambling. Which is scary of course if this is actually what happens? Yes, according to the law in the state of Kansas I am a criminal by gambling. Whether this "state statute" applies to poker or all gambling is a different story.

Now, whether the U.I.G.A. extends the law to say that now I can be prosecuted under federal law may or may not be of importance. This depends on whether other sites takes a stance similar to what Action poker is doing.

I am not however worried that the Federal government will go after me as an individual. The only thing that worries me is that by Action Poker listing my state of Kansas as a banned state. This is only a small concern because I haven't even heard of Action Poker until now, which means the larger sites won't pay attention to their actions.