Save Online Poker on Tuesday!

[Kurn]

Not to get off on a rant here, but...

1. There is no "Bill to ban online poker." The DOJ, both in the Bush and Clinton adminstrations has long asserted that online gambling is forbidden federally by the Wire Act. The courts have repeatedly ruled that it is not. In the US, gambling is regulated at the State level, not at the federal level. Constitutionally, the feds have zero jurisdiction.

2. The bills in question are meant to restrict the use of US financial instruments (like credit cards issued by US banks) for funding online gambling. This is pure window dressing. 95% of US credit card banks have been self-regulated for at least 5 years. You already can't use a US credit card at a poker site.

3. The US has no authority over NETeller, which is a Canadian company. Not only that, but since NETeller can be used for any number of transactions, deposits in would not be subject to any blockade based on these bills.

4. The WTO has already begun to fight any action the US DOJ takes against the offshore entities. Their legal position is that the US has no right under the WTO agreements to restrict these online businesses.

5. Finally, and most important. Even if this bill is passed and signed, enforcement will be problematic, the sites will find work arounds, and the constitutional issues will keep this in litigation for years, thus rendering an already toothless enforcement provision ($10M for fighting a multi-billion dollar industry) - see the above referenced article by Allyn Jaffrey Shulman.

Bottom line is this. We need to stay vocal and not only tell our elected officials what we think, but also tell the online gaming industry to start pumping cash into lobbying efforts.

The price of freedom is eternal vigilance, but there is no need to panic. The sky is not falling.