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IBLS INTERNET LAW - NEWS PORTAL

Online Gambling

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INTERNET LAW - The U.K. Gambling Act 2005, Part I
 Email Article
 IBLS Editorial Department
Tuesday, September 22, 2009

 The United Kingdom (U.K.) Parliament enacted the Gambling Act 2005 to regulate three major gambling categories: gaming, betting, and lottery. This Act, among others, establishes the Gambling Commission; sets license requirements, including operating, personal, and premises licenses; identifies gambling offenses; sets rules for the protection of children and young persons; regulates gambling advertising; and addresses the legality and enforceability of gambling contracts. This article informs about the foundation of this Act, licensing authorities and the Gambling Commission, the definition of gambling and remote gambling, what constitutes gaming, betting, and lottery under the Gambling Act.

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INTERNET LAW - Does the Indian Gaming Regulatory Act Cover Internet Gaming?
 Email Article
 IBLS Editorial Department
Monday, August 25, 2008

 Federal law authorizes US Indian tribes to regulate gaming activities within Indian lands provided that the gaming activity is not expressly prohibited by federal law or the law of the state where the Indian tribe is located. The US Congress enacted the Gaming Regulatory Act (GRA) in 1988 to provide a statutory basis for the operation of gaming by Indian tribes. GRA classifies gaming activities in three groups and it is still uncertain where specifically Internet gaming fits within this classification.

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INTERNET LAW - Online Casinos Will Experience Cyber-Extortion During SuperBowl Betting
 Email Article
 Kelly O'Connell, IBLS Editor
Monday, January 28, 2008

 Online casinos nearing one of their biggest paydays of the year on the eve of SuperBowl XLII must also await anxiously to see whether their site will be one of the many hit by a Distributed Denial of Service attack (DDoS), meant not just to disable, but also reap financial gains for the cyber-criminals who initiate them. The assaults are invariably accompanied by an email note that reads something like, "Your site is under an attack and will be for this entire weekend. You have a flaw in your network that allows this to take place. You can ignore this email and try to keep your site up, which will cost you tens of thousands of dollars in lost wagers and customers, or you can send us $40k by Western Union to make sure that your site experiences no problems." This latter was an actual threat accompanying such an attack. The extortionists will also claim that such a payoff will also provide the website "insurance" for a period of some months against future threats. There may be as many as 10,000 such DDoS incursions a day, globally, according to Bankrate.com.

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INTERNET LAW - Implementation of the 2006 Unlawful Internet Gambling Enforcement Act is Coming
 Email Article
 Martha L. Arias, IBLS Director
Monday, October 08, 2007

 The Department of Treasury and the Board of Governors of the Federal Reserve System have submitted the proposed rules to implement the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA). The proposed rule is available for public comment until December 12th, 2007. According to the official statement, the proposed rule 'requires participants in designated payment systems to establish policies and procedures reasonably designed to indentify and block or otherwise prevent or prohibit transactions in connection with unlawful Internet gambling.” An important observation is that the proposed rule does not specifically define which gambling transactions are legal or illegal. This determination is left to State, Federal, or Tribal lands gambling laws. If approved, the rule becomes effective six months after the final rule is published in the Federal Registry.

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INTERNET LAW - Paying Online Gambling: Complex Realities of Cyber-Funding
 Email Article
 IBLS Editorial Staff
Wednesday, June 06, 2007

 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.

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INTERNET LAW - How does Poker Qualify in French Gambling Law?
 Email Article
 IBLS Contributor: Thibault Verbiest, Senior Partner, ULYS, Brussels and Paris, thibault.verbiest@ulys.net
Wednesday, April 11, 2007

 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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INTERNET LAW - Placanica Ruling Strengthens the Case for Private Online Gaming Operators in their Battle against National Monopolies
 Email Article
 IBLS Contributors: Thibault Verbiest (thibault.verbiest@ulys.net) and Evelyn Heffermehl (evelyn.heffermehl@ulys.net), Ulys, Brussels and Paris
Wednesday, March 21, 2007

 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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INTERNET LAW - U.S. Congress Passed Anti-internet Gambling Legislation Last Week
 Email Article
 Martha L. Arias, IBLS Director.
Wednesday, March 07, 2007

 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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INTERNET LAW - Gaming Law: The European Battle against Gaming
 Email Article
 IBLS Contributor: Thibault Verbiest, Senior Partner, ULYS, Brussels and Paris, thibault.verbiest@ulys.net
Wednesday, March 07, 2007

 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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INTERNET LAW - Law Enforcement Provided with New Tools to Combat Unlawful Gambling
 Email Article
 IBLS Contributor: Mark Robins, Nixon Peabody LLP, US, mrobins@nixonpeabody.com
Tuesday, March 06, 2007

 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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INTERNET LAW - 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.
 Email Article
 IBLS Editorial Staff
Tuesday, March 06, 2007

 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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INTERNET LAW - The Israeli Police Orders Gambling Websites to Shut Down
 Email Article
 IBLS Contributor Odia Kagan, Partner, Shavit Bar-On Gal-On Tzin Nov Yagur Law Offices – Tel Aviv, Israel, okagan@sbilaw.com
Wednesday, January 24, 2007

 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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INTERNET LAW - Games of Chance: The French Senate highlights the inconsistencies of the French gaming policy
 Email Article
 Thibault Verbiest (thibault.verbiest@ulys.net) and Evelyn Heffermehl (evelyn.heffermehl@ulys.net), Ulys, Brussels and Paris
Wednesday, November 29, 2006

 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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INTERNET LAW - European companies regroup to offset the effects of U.S. law against online gambling
 Email Article
 Editor, Maricelle Ruiz, IBLS Director -- Europe
Thursday, October 12, 2006

 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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INTERNET LAW - Broadcasting Contests, Lotteries, and Solicitation of Funds
 Email Article
 Taken from the Federal Communication Commissions Website
Thursday, May 04, 2006

 

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