Is Online Poker Legal?
Is Online Poker Legal?
Is Online Poker Legal?
Is Online Poker Legal?
Now that we know how to get started and how to select a cybercasino, let's study the "small type," those pesky legal aspects of this form of gaming. As I've said, there are no laws to speak of when it come to Internet gambling. Several countries outside of the United States have made it legal, and are offering licenses, or a safe haven, for I-gaming operations. The legality of cybergaming has become a problem only because of the U.S. government's opposition to it, particularly on the part of some members of congress. Originally, the powerful casino lobby in the United States fought against Internet gaming. Through the American Gaming Association (AGA), this huge and well-funded lobby pressed hard to make sure that the United States does not get into the cybergaming business and that it makes such activity illegal, for the operator as well as the user. While it proved to be relatively easy to prevent operators from setting up shop in the United States, preventing people from accessing cybercasinos from the privacy of their own homes and through their own computers proved a huge and pesky problem foranyone opposed to cybergaming. The Constitution guarantees free speech and the Bill of Rights guarantees privacy and freedom of association. A person sitting in the privacy of hisown home has the right to this privacy, and by accessing a cybercasino is merely exercising both the right to free speech and right to freedom of association. Consequently, any legislation that the United States Congress may wish to introduce to make cybergaming illegal can take only one of two forms:
To make the business of operating a cybercasino from or within the United States illegal. That's pretty easily done, and many individual states in the Union have already done something close to that.
To make the use of cybercasinos illegal for the users. To accomplish this, the U.S. government would have to either scrap the Constitution and the Bill of Rights altogether or pass a constitutional amendment, neither of which is likely in this case.
Many attempts to stop cybergaming have been tried by the legislature and federal law enforcement. The problem with legislation is that any such attempt runs smack into the Constitution and Bill of Rights. The problem with law enforcement is that there is no law against cybergaming, at least not for the users of cybercasinos. Trying to use the Wire Act, or the RICO Act, against the customers of cybercasinos doesn't work because these people are not illegally wagering, as the case is defined under the Wire Act, or committing acts as defined under the Racketeer Influenced and Corrupt Organization Act. Both of these laws were originally designed to fight the Mob, and particularly Al Capone and the bootleggers during Prohibition.
Both the U.S. legislature, state and federal, and the various law enforcement agencies are focused on trying to goafter the individual person who may power up his computer and click on a cybercasino. Regardless of whether that person landed on that site accidentally, or through some kind of search engine, or actually tried to locate that cybercasino site, this would be considered a criminal act, even though neither the legislatures nor the law enforcement agencies can quite figure out precisely what is or was illegal about it. These are all vain attempts to stop what they both think is "bad" for us, the people, but from different perspectives and for different reasons.
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The first group is the powerful gambling lobby, as mostly represented by the AGA. Their aim is to keep the money flowing into the BM (brick and mortar) casinos in the United States and not into cybercasinos located elsewhere. The motivation is purely and simply profit and, frankly, I don't blame them. Protecting your business is always a good thing. Unfortunately, this effort not only fails to protect the U.S. gambling industry, but also locks the doors to many more billions in safe profits and equally locks away all those millions of extra customers that the BM casinos would get from attracting those who have played online, have learned the games, and now want to play in the "real world." This is the same kind of erroneous thinking that first led the AGA, and such casino lobbies, to be dead set against tribal gaming on Indian reservations and on riverboats in the early1990s.It is the same mentality that also first opposed casinos in Atlantic City in the1970sand opposed tribal gaming and the introduction of what these lobbyists called "Vegas style casinos" in California and Arizona.
The thinking for all these instances was the same-it will take customers away from Las Vegas, from Nevada, from Atlantic City. It will hurt the economy of the state, the country, and so on. All of this was just plain wrong, as history has proven. Instead of California casinos slowing the flowof visitors to Las Vegas casinos and the Nevada economy, the traffic from Southern California to Southern Nevada, and Las Vegas, has actually increased and posted record numbers of visitors. Gaining a casino experience near to where one lives simply teaches people who would never before have considered gaming as a means of entertainment that this is fun, and can be profitable. As a consequence, these new gamblers, and recreational players, all want to go to the mecca of casinos--to Las Vegas, and to Atlantic City. Internet gambling fuels the fire of the customers, and increases the yield of the casino corporations, and not the other way around. It's good for business, not bad.
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