On 13 October President Bush signed the law that triggered the market value meltdown of several internet gambling operators that derived much of their turnover from US punters (the most prominent being Partygaming, 888 Holdings and Sportingbet). What many people don't know is that President Bush did so in complete disregard of US obligations under international law.
The Unlawful Internet Gambling Enforcement Act of 2006 makes it a crime for any gambling business to accept a transfer of funds in connection with unlawful internet gambling. It further provides that regulation must be put in place requiring financial service providers to "identify and block" any payments relating to unlawful internet gambling.
When read outside its complex factual context, the act is a peculiar piece of legislation. On its face it does very little, primarily because it does not define what "unlawful internet gambling" is. In essence, the 2006 act only covers internet gambling that was already illegal under state or federal law.
The act is nevertheless important because it removes some of the ambiguity that existed within the arsenal of US gambling prohibition laws. First, it makes it clear that any internet gambling that violates a state law is automatically a breach of federal US law, irrespective of the type of gambling and the supply method. Second, the act makes it clear that internet gambling that takes place legally within the territory of one state does not violate US federal law.
One thing that the 2006 act clearly doesn't do is...
The Unlawful Internet Gambling Enforcement Act of 2006 makes it a crime for any gambling business to accept a transfer of funds in connection with unlawful internet gambling. It further provides that regulation must be put in place requiring financial service providers to "identify and block" any payments relating to unlawful internet gambling.
When read outside its complex factual context, the act is a peculiar piece of legislation. On its face it does very little, primarily because it does not define what "unlawful internet gambling" is. In essence, the 2006 act only covers internet gambling that was already illegal under state or federal law.
The act is nevertheless important because it removes some of the ambiguity that existed within the arsenal of US gambling prohibition laws. First, it makes it clear that any internet gambling that violates a state law is automatically a breach of federal US law, irrespective of the type of gambling and the supply method. Second, the act makes it clear that internet gambling that takes place legally within the territory of one state does not violate US federal law.
One thing that the 2006 act clearly doesn't do is...
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