California State
Legislators Briefed About Online Gambling
by Devon Chappell, News Staff Writer
June 16, 2008
California State
legislators were all ears last Friday when former New
Jersey Assistant Attorney General and Director of Gaming
Enforcement, Frank Catania and other internet betting
industry experts gave an in-depth and poignant briefing
citing why online gambling should be regulated rather
than attempting to enforce a carved out prohibition.
Catania aptly spoke
of many reasons why it's unwise to attempt a
prohibition, the most obvious of which is that online
gambling simply cannot be stopped. U.S. citizens are
going to gamble at online casinos whether someone likes
it or not, which briefing moderator, former Florida
State Senator Steven Geller put into so many words. This
a reality even if that someone is the "father" of the
Unlawful Internet Enforcement Act (UIGEA) - Senator John
Kyl.
The passing of the
UIGEA certainly hasn't put a hamper on internet betting
activity. In fact, the U.S. facing online gambling
industry, including poker, casino and sports betting,
continues to grow each month. Catania estimates it is
now worth $15 billion in the U.S. alone. And the sad
thing is that instead of collecting badly needed federal
tax revenue, the government will be forced to dish out
more money to compensate WTO member country's, such as
Antigua and Barbuda, for lost online gambling revenue
due to the hypocritical lottery, horseracing and fantasy
sports betting carve outs in the UIGEA.
In fact, the
five-year old dispute has already spawned a WTO ruling
in favor of Antigua, leading to a U.S. withdrawal of its
General Agreement on Trade and Services, which they will
surely be heftily fined for if they UIGEA stays in tact,
even for the time being.
Not necessarily
promulgating online gambling regulation, but nonetheless
providing a strong voice of opposition against the UIGEA
has been the American Bankers Association. Senior
company counsel for Wells Fargo, Ted Teruo Kitada, drew
attention to the fact that the UIGEA charges banks and
the general U.S. banking system to identify and police
online gambling transactions - a task which is
practically impossible, especially considering the fact
that the UIGEA does not identify which online gambling
transactions are illegal and which are tolerated (thanks
to the carve outs and general vagueness of the
legislation). As Kitada put it, Wells Fargo handles
millions of transactions every day and is not prepared
for such a burdensome task.
Even if there are
good intentions behind the bill (yea right!...since when
did carve outs represent a moral stance on gambling),
implementing an online gambling prohibition is just not
possible. And in California, where Poker Players
Alliance Director, John Pappas, said there are over
100,000 online poker players, regulating online gambling
on a State level, is the soundest solution. Just like in
land based casino gambling, proper regulation (as is now
being done in the UK) will keep crime out and
underage/problem gambling monitored and curbed.
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