MINNESOTA BACKS OFF (Update)
12 June 2009
ISPs told to disregard blocking request
The Minnesota crisis is officially over, according to an
announcement from iMEGA.
The Internet freedom
pressure group reports that the order to Internet
service providers to enforce a “black list” of badly
researched online gambling websites has been rescinded
by the Minnesota Department of Public Safety (DPS).
In a letter from John Willems, head of the
department’s alcohol and gambling enforcement division
(AGED), the ISPs were told they were no longer required
to block state residents’ access to a list of 200
Internet gambling sites, and that DPS did not anticipate
issuing any future orders, indicating the issue of
online gambling was better addressed though legislative
efforts.
“I believe it may be more appropriate to
resolve this problem by working to create clear and
effective governmental policies concerning [the]
regulation of gambling,” Willems wrote.
Willems
cited the civil suit filed by iMEGA in the US District
Court of Minnesota in his rescission letter. iMEGA’s
suit, Willems wrote, contended that ”the notice sent to
you and other Internet service providers was not legally
valid,” and that the notice “violated the First
Amendment and the Commerce Clause.”
“Whether or
not iMEGA ultimately would have prevailed in court is
unknown. Notwithstanding, the AGED has agreed to
withdraw the notice,” Willems wrote.
“We’re very
happy with the outcome,” said Joe Brennan Jr., iMEGA
chairman. “It was clear the public opposed this, and the
swift negotiated settlement by DPS and AGED demonstrates
both the merit of our suit and the shaky legal ground on
which the original ‘black list’ was based.”
As
part of the settlement terms, iMEGA was given copies of
letters sent to each ISP along with confirmation of
delivery. In return, iMEGA agreed to withdraw its suit
in US District Court before the June 9th deadline for
Minnesota to respond.
“We’re glad this did not
have to go the distance through the courts,” Brennan
said. “To their credit, the officials from
attorney-general’s office, DPS and Mr. Willems have been
reasonable and professional throughout this process.
Even though we were on opposite sides of this issue,
they really wanted to get things right. It’s a
refreshing change from some of the encounters we’ve had
with other state governments.”
Brennan applauded
the work of iMEGA’s legal team, especially that of
Minneapolis attorney John Borger of Faegre & Benson, and
Jon Fleischaker of Dinsmore & Shohl in Louisville, KY.
“Mr. Fleischacker did a great job coordinating
the whole effort, particularly through his firm’s
existing relationships with the ISPs and experience with
the regulatory issues," he said. "Mr. Borger jumped
right in and did an excellent job of filing quickly and
producing a complaint that made it clear that the law
simply did not support Minnesota’s position.”
On
other legal fronts, iMEGA is still waiting for a
decision by the Kentucky State Supreme Court on an
appeal by Gov. Steven Beshear (D), of a Court of Appeals
ruling that stayed the state’s seizure of 141 domain
names tied to Internet gambling. iMEGA and a coalition
of groups, including the Interactive Gaming Council of
Vancouver, BC and the Poker Players Alliance, prevailed
in a 2-to-1 decision in that matter in January 2009.
iMEGA is also considering whether it will intervene
in a seizure action initiated by the US Attorney’s
office in Manhattan, freezing more that $35 million in
payments to US online poker players. The action is
reportedly based in part on the Unlawful Internet
Gambling Enforcement Act (UIGEA) of 2006, a law iMEGA
has challenged in Federal court, and which is due to be
heard by the US 3rd Circuit Court of Appeals in
Philadelphia on July 9th.
Online Casino News Courtesy of
Infopowa
More news here.
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