The Interactive Media Entertainment & Gaming Association (iMEGA) is seeking judgment restraining the United States from enforcing the “Unlawful Internet Gambling Enforcement Act of 2006” (UIGEA). The current law prevents U.S. credit-card companies and banks from processing payments to online gambling businesses. According to the Act, violators are subject to civil and/or criminal penalties including imprisonment.
The suit filed today in U.S. District Court outlined how the Unlawful Internet Gambling Enforcement Act infringes upon basic constitutional rights and sets a dangerous precedent for I-commerce by criminalizing the transmission of money if the end result is illegal in some unspecified place. The injunction, if granted, will prevent the government from enforcing the UIGEA and pave the way for Internet gambling to resume pending further order of the court.
Joined: 07 Mar 2005 Posts: 2999 Location: Nashville
Posted: Wed Jun 06, 2007 2:41 pm Post subject:
Wynton,
Do you think we stand a better chance in a suit such as this or others vs. congress passing legislation to overturn or change the original legislation.
Joined: 06 May 2004 Posts: 3454 Location: Centreville, VA
Posted: Wed Jun 06, 2007 2:45 pm Post subject:
If we are going to "win," this is how it's going to happen. Not by convincing people that poker isn't gambling, or that it's a skill game, or that we are no longer "free" with out money.
We are going to win by tackling the e-commerce restrictions angle, how banks (B&M and online) can't restrict the flow of money on the chance that it might be used in a manner that is illegal somewhere.
We won't deposit to Stars with our VISA, but we will win Neteller back.
Do you think we stand a better chance in a suit such as this or others vs. congress passing legislation to overturn or change the original legislation.
I don't know. I can't even offer a guess about this lawsuit without more information. Unfortunately, the article does not mention where the lawsuit was filed. If it did, I might be able to access a copy of the complaint and then offer a slightly educated guess.
FWIW, I also recently read what I thought was a very reasonable prediction from the gambling law expert Nelson Rose. Basically, he opined that the battleground would turn to the states, that gradually states would enact laws permitting internet gambling and that at that point the federal government may come to its senses. He was not offering any opinion about lawsuits such as this one, though.
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