Offshore Gambling - Law Article

[Durgood]

Dear fellow Rx'ers:

I've been gambling for a few years, finished, and now attending law school.

I'm looking for a topic to write for law review regarding offshore gambling.

Was looking for topic suggestions, or just general information.

Any and all input is appreciated, or where to find such. I have not really put much thought into my paper yet, so just throwing it out there.

I've been thinking of writing how the US allows horse racing, lotto systems, etc., and does not allow sports gaming (federally that is). I guess I need to narrow my scope, since most of this recent legislation has been riding in on the coattails of the Patriot Act.

I'm not much of a politics person, so ideally, I'd be looking for a business side angle. However, I would appreciate political insight.

Also, I know the WTO (World Trade Organization) recently came out with a decision that the US restriction on gaming is a trade barrier and unfair competition... might delve into that.

Thanks in advance.

 

[wilheim]

Durgood, why not do a piece on the Kyl Bill - HR 21 and S 627 both proposals to regulate illegal internet gambling.

Kyl Bill

you can find a ton of other information by googling Kyl Bill and other keywords.

wilheim

 

[quantumleap]

wil:

I heard that Kyl Bill sucks and Kyl Bill 2 isn't any lot better.

 

[wilheim]

quantum - you are probably right, but for a law review topic on gambling it has a lot of meat on it. Maybe if Durgood uses it for his paper he will report back here with his impressions about whether or not the bill has any chance of passing.

wil.

 

[oldmantime]

This is what they do in Law School??

Hummmm

 

[JayC]

You can find some good links at my site:

www.freejaycohen.com

including some to the relevant WTO pleadings and articles.

 

[WildBill]

A more interesting topic would be state-by-state review of laws regarding collectibility of gambling debts. This particular issue hasn't really been looked at much in recent years, but was the original reason why some credit card companies got out of the business of doing offshore transfers. Cover their applicability to transactions and issues of jurisdiction.

 

[ChuckSims]

Prohibition did not work and neither will trying to stop off-shore gambling. The only way to go is regulate it.

 

[drunkguy]

<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by Jay C:
You can find some good links at my site:

http://www.freejaycohen.com

including some to the relevant WTO pleadings and articles. <HR></BLOCKQUOTE>

yep, JC's case should be very interesting topic to write on.

 

[ppeter]

<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by WildBill:
A more interesting topic would be state-by-state review of laws regarding collectibility of gambling debts. This particular issue hasn't really been looked at much in recent years, but was the original reason why some credit card companies got out of the business of doing offshore transfers. Cover their applicability to transactions and issues of jurisdiction. <HR></BLOCKQUOTE>

There is abundant caselaw in multiple jurisdictions that internet gambling debts (eg chargeback on credit cards) are unenforceable. That was the main reason Visa and MC stopped processing internet gambling transactions virtually overnight around 2000.

 

[ppeter]

Durgood

You might want to do an article on whether or not the Kyl Bill 2 proposal to criminally sanction the PLAYER is 1) constitutional or 2) represents an unrealistic and unenforcable law (the DOJ's argument against the bill). Up to now, every existing federal gambling law (eg Wire Act) made bookmaking illegal but left the players ("victims of addiction") alone. The feds strictly left it up to the individual states to decide whether or not to go after the players criminally under their existing State gambling statutes.

Even in the days of Prohibition I do not believe the act of taking a drink was illegal, but the manufacture and distribution of liquor was. If I am wrong, I do not recall a single instance where a "drinker" was federally prosecuted. Perhaps a good analogy can be drawn there (along with what eventually and inevitably happened to Prohibition). Interestingly, it took a Constitutional amendment to both enact Prohibition and repeal it.

If you can make a compelling argument the proposed bill criminally sanctioning the player is unconstitutional your article could be very useful to those opposing the Bill.

 

[Dante]

<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by Jay C:
You can find some good links at my site:

http://www.freejaycohen.com

including some to the relevant WTO pleadings and articles. <HR></BLOCKQUOTE>


Jay, or anyone that might know is there anything NEW about this ? Like have they come to an agreement or are close to one?

thanks