Internet Law
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Internet Patents Worldwide
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Internet Advertising Law
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Digital Media: Copyrights and Piracy
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Domain Name Law & Disputes
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Can You Patent This?
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E-Commerce Taxation: The U.S. Approach
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Why E-Businesses Move Offshore
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Gambling: Online and Offshore
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Online Gambling: Profits & Concerns
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Offshore E-commerce Taxation
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Internet Search - Public Domain v. Intellectual Property Rights
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Emerging Trends: Search Engine Regulations
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How Tax Authorities Audit E-Businesses
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E-Books Series is a concentration of the most relevant information on e-commerce and Internet laws and regulations around the world.
Conveniently divided in sections consisting of articles on specific topics, supplemented with links to the sources of law and regulations, e-Books provide an excellent and quick resource of knowledge on Internet and e-commerce issues and applicable principles of law. Electronically accessed supplemental materials are provided to enhance a dynamic informative process.
E-Book Series is a part of E-Commerce University ECUniversity.com
pioneering scholastic programs that also include Internet law courses for law and business schools, Internet Law Diploma Programs, and Corporate education for businesses.
E-Books are conveniently accessible online or through a downloadable version. A pocket size version of eBooks is also available.
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 | | | | Online Gambling: Profits & Concerns | | | | | |
| | | Introduction | | | Chapter 1: Model of European Union Countries’ Approach to Gambling and Online Gambling | | | Chapter 2: Internet Gambling in the United States | | | Chapter 3: Internet Gambling Licensing, Auditing Regulations, and Payments | | | Supplemental Documents | | | | | | Abstract:
Online gambling is just the shift of gambling activities to the cyber-world. Online gambling types range from traditional poker and casino games to sophisticated electronic trading stocks.
Gambling has always been a controversial issue and its controversy continues in this new network environment. Taxation and moral apprehension are the two major concerns of the governments and the international community when dealing with the issue of online gambling.
This unique e-Book provides readers with examples of how some European countries have regulated gambling and online gambling activities and what are the major concerns addressed by these governments when regulating them.
Then, this e-Book enlightens on the United States approach to online gambling and its battle in the World Trade Organization- WTO- when defending its most recent legislation against online gambling payments. Two states' online gambling legislation is provided as example of how US States have regulated online gambling. Lastly in this section, two recent US court cases on online gambling and jurisdiction are offered as example on how the jurisdictional issue in online gambling has been interpreted by the US courts.
Concluding, this e-Book addresses the issue of licensing and auditing rules for online gambling sites; how those governments that welcome online gambling are regulating the market, what is their licensing policy, how extensively its marketing may be, and what auditing methods have been implemented.
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| | | | CHAPTER 1: Model of European Union Countries’ Approach to Gambling and Online Gambling |
| | |  | GAMBLING IN THE SHADOW OF AUSTRALIA AT NORFOLK ISLAND
Norfolk Island places high value on its financial and administrative independence. Though the island has a traditionally tourism-based economy, it is still developing new areas of commerce such as e-commerce and online gambling in order to foster revenue generation. Following the footprints of the Australian legal system, it has strengthened its legal framework for developing fair and responsible internet gaming industries.
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BACK TO TOP | | UNITED KINGDOM IN THE PROCESS OF LEGALIZING ONLINE GAMBLING
On November 2006, the British government informed it engaged in a movement seeking international support for the legalization and regulation of online gambling. Britain's initiative to take the lead in legalizing and regulating online gambling, however, was motivated by a government desire to protect consumers, rather than to entice operators. This search for international consensus also came at a time when the Untied Kingdom is about to implement its rules for the online gambling industry in this country. This article addresses the issue of online gambling in the United Kingdom (“UK”), its treatment and proposed legal framework to take force on September 2007.
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BACK TO TOP | | AUSTRIA ENJOYS MONOPOLISTIC GAMBLING
The Government of Austria has established a monopoly in the gambling industry, instead of completely banning it. Along with public order and socio-political objectives, regulation and control was also pleaded as a justification for the State’s monopoly. The monopoly was alleged to be only theoretically adequate for achieving the aim of protection of consumers and social order. The Glücksspielgesetz (GSpG) is the Australian Federal gambling law. This article explains Austria’s justification of its monopoly in gambling, how is gambling regulated in Austria, and what are the gambling activities taxed under the Austria’s law.
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BACK TO TOP | | CZECH REPUBLIC IS RELUCTANT TO ALLOW FOREIGN HAND IN GAMBLING
The Czech Republic maintains a licensing monopoly in gambling services. Its legal system has created some restrictive provisions on outsider gambling operators and has vested the power to suspend such provisions to the Ministry of Finance. Moreover, the government has introduced legal provisions allowing the government to divert money from gambling business to those causes the government deems appropriate. Thus, gambling is also a good source of revenue to the republic. This article introduces the reader to the Czech Republic gambling law, its main provisions, and tax related repercussion.
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BACK TO TOP | | BASICS OF GAMBLING IN THE EUROPEAN UNION
The national legislation of most member states of the European Union introduces the basic concept of games of chance and the various forms of gambling in a fairly consistent approach among member states. Nevertheless, several gambling and online gambling policies incorporated in the European countries’ domestic legislation, need to be streamlined so as to be compatible with other member states’ and European Union Law. For instance, article 49 of the EC Treaty may be inconsistent with some EU domestic gambling policies. This summary provides an illustration of the somehow consistent basic definitions of gambling and online gambling games as adopted by the domestic legislation of most EU states.
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BACK TO TOP | | DENMARK SUPPORTS THEIR LEGAL BARRICADES ON JUSTIFIED FOOTING TO AVOID GAMBLING ABUSE
Denmark’s restrictive policy in regulating its gambling industry is argued as monopoly by other states. However, Denmark subscribes to the control methodology rather than advocating a strict ban on gambling. Though Denmark creates barriers for foreign operators via the establishment of legal restrictions, it supports those barriers with proper consumer justifications. This article addresses the legal restrictions Denmark legislation has established for foreign-gambling operators, including marketing restrictions, and the Government’s legal justifications for them.
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BACK TO TOP | | ESTONIA REGULATES ITS GAMBLING INDUSTRY
Estonia is one of the European nations currently following the general European trend in regulating and controlling the gambling industry. The state has a quasi-monopoly in gambling; Article 2 of Estonia’s Law on Gambling authorizes only the state to offer gambling services in Estonia, though the state can delegate this right by issuing licenses. Gambling licenses may be granted to state-owned enterprises only. Gambling licensees must follow strict gambling rules on their services and marketing. This article provides and overview of Estonia’s gambling industry, its legal framework and marketing rules.
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BACK TO TOP | | EUROPEAN COMMISSION AND FRANCE MAY WRESTLE ON GAMBLING
The French authorities’ detention and arrest of two chief executives of the Austrian online gambling operator Bwin has created a new episode in the European Commission’s gambling policy. The two executives were detained by the French authorities, alleging violation of the French territorial gaming laws that ban foreigners from conducting and advertising gambling services in France. This summary addresses the controversy between European Commission and France regarding Bwin and its impact against France, as the first clash between the European Union and a European Union member on the issue of online gambling.
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BACK TO TOP | | PANORAMA OF THE GAMBLING SECTOR IN GERMANY
Private and foreign operators face prohibitions on entry to the German gambling sector. Gaming is governed by Federal and regional entities in Germany. The gambling laws of Germany have created a quasi-state monopoly with only exceptional private operators permitted in the gambling industry. The conditions for licensing commercial gambling operations are strict, as compared with those for licensing charitable gambling. This article informs on those German gambling operations controlled by the Federal and regional Government and to what degree private operation of gambling services is allowed.
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BACK TO TOP | | DANISH GAMBLING LAWS
Players’ protection is the primary concern of Danish gaming law. To accomplish players’ protection, Denmark seeks to establish a Government licensing monopoly in lottery and betting and enact strict rules for casino gambling. An example of Denmark’s Government intervention in the gambling market is the strict control and regulation on casinos. Denmark controls casino gambling by legally restricting the number of operators in the Danish casino market.
The new field of Internet gambling, which has raised much regulatory concern worldwide, is yet to be handled by specific Danish law. Notwithstanding, Internet gambling is not beyond the reach of current Danish law, as it is included by explanatory to Article 10 of The Games, Lotteries and Betting Act. This article informs readers on those Danish laws concerning lotteries, betting, and other forms of gambling and explores the issue of whether Internet gambling is legal under Danish laws.
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| | | | CHAPTER 2: Internet Gambling in the United States |
| | | | LIABILITY OF FINANCIAL INSTITUTIONS AND INTERACTIVE COMPUTER SERVICES UNDER THE UNLAWFUL INTERNET GAMBLING ENFORCEMENT ACT OF 2006
The United States Unlawful Internet Gambling Enforcement Act of 2006 seeks to regulate and control online gambling by placing stringent responsibility on financial institutions. The new Act may prove to be a hurdle to the smooth functioning of financial institutions, Internet Service Providers (“ISPs”), and search engines. This article explores the burden the Internet Unlawful Internet Gambling Enforcement Act placed on financial institutions and interactive computer service providers.
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BACK TO TOP | | U.S INTERNET GAMBLING BAN CONFLICTS WITH WTO
The United States has a well defined policy regarding online gambling, backed by some internationally accepted rationales. Under World Trade Organization (WTO) rules, however, the U.S. has agreed not to restrict the importation of certain “recreational services,” which has been interpreted to require the free flow of cross-border gambling services as well. This international compromise conflicts with the existing U.S. online gambling policy. Now the U.S. needs to take corrective measures to solve this international quarrel. This article addresses the following questions, What are the rationales behind U.S ban on the provision of remote gambling services, What is the contradiction between the U.S. ban on cross-border gambling and the WTO, and How is the Unlawful Internet Gambling Enforcement Act of 2006 inconsistent with WTO obligations.
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BACK TO TOP | | WASHINGTON STATE 2006 INTERNET GAMBLING LAW
Internet gambling is illegal under Washington law. Enforcement efforts by Washington State authorities generally focus on commercial Internet gambling activities, such as gambling sites and service providers in Washington. In response to the increased participation in illegal Internet gambling activities in Washington State, the Washington State legislature reinforced Washington State's existing statutory prohibition against Internet gambling.
The Washington State Internet Gambling Law was passed during the 2006 legislative session, and became effective on June 7, 2006. Pursuant to this law, an individual or entity that intentionally transmits or receives gambling information via the Internet in Washington State is guilty of a Class C felony-up to five years in prison and a $10,000 fine. This article addresses the following questions: What are the penalties levied under the Washington State Internet Gambling Law? Is playing online poker illegal in Washington? How is a “Class C felony” defined in Washington State? How is gambling information treated under Washington State law? And, Does the new law affect the purchase of online lottery tickets in Washington State?
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BACK TO TOP | | REGULATORY AGENCIES ON GAMBLING IN NEVADA
Although the Nevada Gaming Commission is the ultimate authority to issue, control, limit, refuse, revoke or postpone any gaming license in the state of Nevada, the Nevada Tax Commission and the Gambling Control Board have been entrusted with vast authority and power on the gambling industry, as revenues from gambling add considerable wealth to the State. The policies handed down by the Gaming Commission greatly influence gaming statutes in Nevada. This article explains the duties of the Nevada Gaming Commission, the powers of the State Gaming Control Board in Nevada, the definition of a server-based gaming in Nevada, and the regulations of mobile gaming enacted by the Nevada legislature.
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BACK TO TOP | | UEBLER V. BOSS MEDIA AB 03 CV 4790 (E.D.N.Y., JUNE 5, 2006)
The United States District Court for the Eastern District of New York ruled that it had personal jurisdiction over Swedish-based Boss Media, a supplier of systems for online gambling, although Boss asserted that it had nothing to do with running the contest.
The Plaintiff ("Uebler"), a New York resident, filed suit against the Defendants ("Boss Media"), a Swedish company, alleging that Boss Media failed to pay the prize money payable to Uebler as a result of having won an online contest from a gambling Website. The lawsuit was filed in a New York District Court.
The New York District Court granted Uebler the right to continue her claims against Boss Media and its licensee, Cyber Croupier, and to seek recovery of $913,333.42 payable to Uebler because of her winning the online contest.
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BACK TO TOP | | SPORTS BETTING WEBSITES LOCATED ABROAD OFFERING SERVICES TO U.S. CITIZENS
The United States Court of Appeals for the Second Circuit (the "Second Circuit”) affirmed the judgment of the United States District Court for the Southern District of New York (the "District Court”) which held that Jay Cohen, the director of an offshore sports betting Website, conspired to violate and violated the terms of 18 U.S.C. §1084. Jay Cohen, a business located in Antigua accepted bets from United States citizens over the telephone as well as from bettors on the Internet.
The Second Circuit held that Jay Cohen violated the provisions of 18 U.S.C. §1084 by means of the Internet and telephone to transmit calls and accept bets from bettors in New York where gambling is illegal to the World Sports Exchange in Antigua where gambling is legal.
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BACK TO TOP | | AFTER WTO LOSS & WITH NEW LEGISLATION
U.S. WILL LIKELY SOON ALLOW INTERNET GAMBLING
An American legislator, Rep. Barney Frank of MA, is now preparing a bill to allow online gaming seeming certain to pass. This is a 180 degree change of stance for the U.S., and while this legislation has much to recommend it, will certainly be unpopular with a vast number of American politicians and the public. As a study of the world phenomenon of Internet gambling, this article will answer these questions: What is the history of online wagering; What places allow online gambling & where is the international law located; Why does the US block this lucrative trade; Will the WTO Decision Affect International online wagering; Will America legalize online gaming?
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| | | | CHAPTER 3: Internet Gambling Licensing, Auditing Regulations, and Payments |
| | | | GENERAL OVERVIEW TO HOW ONLINE CASINOS WORK & HOW TO USE ONE
Since there is no single international law on Internet gambling and because there are so many persons who do not know anything about actually going online to play, this article will simply answer the following general questions: How do Online Casinos Work? What’s the Setup, Software and Odds? How Do People Start Gambling in an Online Casino? Do People Get Paid When They Win? What are the Dangers of Internet Gambling? Which Online Casino Should I Use?
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BACK TO TOP | | HOW TO START AN ONLINE CASINO
As an area of online commerce, Internet Gambling it is said to offer the highest returns on investment, and generates $20 billion in revenue a year, with lower overhead that a regular casino. Whether it is right for you can only be answered after careful analysis, and knowing the costs, benefits, and risks of setting such a site up. We will answer these questions: Where Should I Go to Setup the Business, Host my Site & Do I Need a License? For a Gaming Platform, What Software Should I Use? What Domain Name Should I Choose? How do I Attract Gamblers, What Games Should I Offer? How Do I Take Money & Run a Casino Bank? What are the Pitfalls & Legal Risks of Owning Your Own Internet Casino?
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BACK TO TOP | | PAYING ONLINE GAMBLING: COMPLEX REALITIES OF CYBER-FUNDING
Highlighted here are the peculiar financial aspects and high risk of involvement with online wagering for those who choose to flaunting the U.S. gaming laws. Those living in the U.S., especially if working or dealing with online gambling, risk prosecution much more than a casual U.S. gamer. Since Internet betting is illegal in America, anyone breaking the law could be targeted by the U.S. Federal authorities. For instance, a large gambling ring was discovered operating in U.S and has been prosecuted on RICO charges for misusing payment schemes.
This article will answer these questions: Why were these People Prosecuted, What did they do?, What is the Law of the U.S. Regarding Online Gambling?, Why Don’t Credit Cards Allow Online Gambling Charges?, How do Credit Card Companies Block Charges?, What is a Legal Way to Pay Internet Casinos?
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BACK TO TOP | | AUDITING AND FAIRNESS PROCEDURES FOR ONLINE CASINOS
To broach the greatest concern in online gaming, it must be admitted upfront that the industry as a whole is totally unregulated, a scary fact that is common knowledge but has not stopped millions from regularly gambling online. The reason people still bet is there are places where gaming is regulated and stiff standards do exist, such as Antigua and Barbuda, where it all began in 1994. To understand the topic, these questions will be asked and answered: How Reliable is Online Casino Software, What is a Random Number Generator? How is Online Casino Auditing Done? Who is eCOGRA and what do they do.
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BACK TO TOP | | INTERNET GAMBLING LICENSE PROCESS & PROCUREMENT IN ANTIGUA AND BARBUDA
This article is a brief explanation of how to apply for and win an Interactive Gambling (casino gaming) or Interactive Wagering (sports betting) Internet gambling license in Antigua and Barbuda and is offered as an example of how the online gambling licensing process is conducted. The material for this came solely from the Antigua and Barbuda Government’s official information, with many quotes from this country’s Gambling Regulations. We will do so with a series of questions: What does the Application Process ask for; What is a Key Person & How are they Licensed?; What is a Control System Submission?, What Factors doe the Gaming Authority Consider on the Control System Submission? What Other Factors does the Gambling Authority Consider?
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| | | | Broadcasting Contests, Lotteries, and Solicitation of Funds
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BACK TO TOP | | U.S. Congress Passed Anti-internet Gambling Legislation Last Week
On September 30th, the U.S. Congress passed the Unlawful Internet Gambling Enforcement Act (UIGEA). This Act is expected to be signed by President Bush as early as middle October. Even though the bill surprised the internet gambling industry, reactions from U.S. and European internet gambling sites are already taking place. Internet gambling sties are planning to either adjust operations to the new law or shut down their operations in the U.S.; this means, the US$12 billion industry may collapse.
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BACK TO TOP | | European companies regroup to offset the effects of U.S. law against online gambling
The recent adoption of a U.S. law criminalizing the collection of payments for online gambling is expected to be a hot topic of discussion at the largest European online gambling conference scheduled to be held in Barcelona from the 11th to the 13th of October. Operators and analysts, however, are not waiting until they reach the European I-Gaming Congress and Expo (EiG 2006) to express their views on a matter having a major impact on the market capitalization and business models of online gambling companies.
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BACK TO TOP | | Games of Chance: The French Senate highlights the inconsistencies of the French gaming policy
The latest edition of the French Senate’s report on games of chance in France was made public. It is titled “The evolution of games of chance and games for money’s worth – The French model under scrutiny”. It follows a first report issued in 2002.
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BACK TO TOP | | Law Enforcement Provided with New Tools to Combat Unlawful Gambling
The United States Congress has recently enacted the Unlawful Internet Gambling Enforcement Act of 2006. If signed by President Bush, this law will prohibit a range of activities relating to gambling over the Internet and will give law enforcement authorities new tools to attack those who engage in such activities.
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BACK TO TOP | | The Israeli Police Orders Gambling Websites to Shut Down
The Israeli police has issued letters to gambling websites with an Israeli presence, informing them that their operation in the field of online gambling, including backgammon games, is a criminal offense and ordering them to cease their operations. Concurrently, the police has issued letters to credit card companies like Visa and Mastercard, and informed them that it deems their cooperation with companies dealing in online gambling, and the provision of clearing services for the collection of payments by credit cards - criminal offenses.
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BACK TO TOP | | U.S. Citizens may be Prosecuted for Violations of the Internet Gambling Law even if Operations are Conducted Outside the Boundaries of the United States.
The United States Court of Appeals for the Second Circuit (the "Second Circuit”) affirmed the judgment of the United States District Court for the Southern District of New York (the "District Court”) which held that Jay Cohen, the director of an offshore sports betting Website conspired to violate and violated the terms of 18 U.S.C. §1084 (Internet Gambling Law). Jay Cohen, a business located in Antigua accepted bets from United States citizens over the telephone as well as from bettors on the Internet. The Second Circuit held that Jay Cohen violated the provisions of 18 U.S.C. §1084 by means of the Internet and telephone to transmit calls and accept bets from bettors in New York, where gambling is illegal, to the World Sports Exchange in Antigua, where gambling is legal.
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BACK TO TOP | | Gaming Law: The European Battle against Gaming
The international gaming scene, not least the European one, has undergone a radical change in recent years. Traditionally, gaming services were offered in brick and mortar casinos and bookmaking agencies. Distinctions were made in terms of market definition between casino games and bookmaking, which were generally thought to belong to different markets. Today the situation has changed.
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BACK TO TOP | | Placanica Ruling Strengthens the Case for Private Online Gaming Operators in their Battle against National Monopolies
In a long-awaited decision concerning criminal proceedings in Italy against Mr. Placanica, Mr. Palazzese and Mr. Sorricchio, the European Court of Justice (ECJ) has ruled that the Italian criminal penalties for the collection of bets by intermediaries acting on behalf of foreign companies are contrary to Community law. Moreover, the ECJ ruled that EC law precludes national legislation which excludes from the betting and gaming sector operators in the form of companies whose shares are quoted on the regulated markets.
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BACK TO TOP | | How does Poker Qualify in French Gambling Law?
Only games of chance are concerned by the prohibition Act n° 83-620 of 12 July 1983. The French Supreme Court has decided that poker is a game of chance, when played for money. However, a new provision allows casinos to hold poker games and to organize international poker tournaments. The 1959 Act which governs casino games is being amended to include “stud poker”.
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