Casino Talks

Posted by: Effexor at August 29, 2007, 7:06 am

Topic: freeroll legality Forum: Card Chat

Quote: Originally Posted by OzExorcist

It could be worse though - at least the laws in the US are fairly clear cut. In Australia, online poker is governed by a massive grey area: it's illegal for anyone to provide the service to us, but it doesn't say anything one way or the other about penalties for any of us using said service.

In the US, it's the same exact situation. From a federal iewpoint it's technically not illegal. There are some states that have specific laws but for the most of us it's as murky as it can get.

from: Online Poker FAQ - The Unlawful Internet Gambling Enforcement Act - what does it mean for players, which sites are staying open?

about the UIGEA
The new law does make any type of online gambling illegal. It refers only to forms of online gambling that are already illegal due to other laws. For example, at the federal level the 1961 Wire Act makes it illegal to operate an online sports-betting business (but not to be a customer). At the state level, some states make it illegal to play at an online casino. But the new law does not make any more forms of online gambling illegal. It is quite clear about this, saying that nothing in this new law shall be construed as "altering, limiting, or expanding any Federal or State law... prohibiting, permitting or regulating gambling within the US". The new law does not apply to the players. The law addresses only the operators of online gambling businesses and financial institutions that transfer money into those businesses. The new law does not mention poker specifically. The interesting question then is whether online poker is already illegal due to other existing laws. At the federal level, the executive branch says it is illegal but has never brought a suit; the judicial branch case law says it is not, most clearly in the "In Re Mastercard International" case which held that the Wire Act applied only to sports betting and not other forms of gambling. A few states do have laws prohibiting online gambling of any type except those specifically authorized (like the state lottery).

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