Internet Gambling Regulation, Consumer Protection, and Enforcement Act

Last updated
Internet Gambling Regulation, Consumer Protection, and Enforcement Act
Great Seal of the United States (obverse).svg
Long titleAn act to regulate Internet gambling, to provide consumer protections, and for other purposes.
Enacted bythe 113th United States Congress
Citations
Public law H.R.2282 - Internet Gambling Regulation, Enforcement, and Consumer Protection Act of 2013
Legislative history
  • Introduced in the House as H.R. 2282 by Peter T. King on June 6, 2013

The Internet Gambling Regulation, Consumer Protection, and Enforcement Act was a proposed 2009 bill in the United States House of Representatives that is intended "to provide for the licensing of Internet gambling activities by the Secretary of the Treasury, to provide for consumer protections on the Internet, to enforce the tax code, and for other purposes." [1] The bill was originally introduced by Representative Barney Frank (D-MA) on June 12, 2009 and as of July 20, 2009 had bipartisan support from 47 co-sponsors. The bill was held in the House Financial Services Committee.

Contents

Description of the bill

The bill would have found the following:

  1. "Since the development of the Internet, millions of people have chosen to gamble online, and today Internet gambling is offered by operators located in many different countries under a variety of licensing and regulatory regimes."
  2. "Despite the increasing use of the Internet for gambling by persons in the United States, there is no Federal or State regulatory regime in place to protect United States citizens who choose to engage in this interstate activity, or to oversee operators to establish and enforce standards of integrity and fairness."
  3. "In the United States, gambling activities, equipment, and operations have been subject to various forms of Federal and State control, regulation, and enforcement, with some form of gambling being permitted in nearly every State and by many Indian tribes."
  4. "Internet gambling in the United States should be controlled by a strict Federal licensing and regulatory framework to protect underage and otherwise vulnerable individuals, to ensure the games are fair, to address the concerns of law enforcement, and to enforce any limitations on the activity established by the States and Indian tribes."
  5. That entities licensed to provide internet gambling in the United States would have to be heavily regulated and monitored.
  6. "There is a need to extend the regulatory provisions of this Act to all persons, locations, equipment, practices, and associations related to Internet gambling, with each State and Indian tribe having the ability to limit Internet gambling operators from offering Internet gambling to persons located within its territory by opting out of the provisions of this Act." [2]

The bill then discussed the qualifications an organization would need to possess in order to operate an online poker site, legal requirements, fees and taxes, penalties, and regulations.

Had H.R. 2267 passed, it would have automatically created an exception for poker to the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA). [3] In the meantime, Frank also proposed another bill, the Internet Gambling Regulation, Consumer Protection, and Enforcement Act (H.R. 2266) which would have delayed the full implementation of the UIGEA until 2010.

Reaction

On July 5, 2009, Frank addressed the players at the 2009 World Series of Poker Main Event (day 1-c) concerning the status of this bill. During his address, he accused the Republican Party of being behind the Department of Justice's seizure of poker players' bank accounts in early June. [4] After his address, Frank initiated the third day of the tournament with the words, "Shuffle up and deal." [4]

Goldman Sachs issued a notice to its investors that online gambling would be legal in the U.S., and that the only question is when. They believe that the tax ramifications alone make the passage of regulated poker a foregone conclusion. "Were the market to be legalized," the Sachs report stated, "we believe that the size of the revenue opportunity could increase materially... Based on an assumption of 30% penetration of offline poker players and $300 gross gaming revenue (GGR) per player, we estimate that a legal poker market could be worth $3bn." [5]

See also

Related Research Articles

<span class="mw-page-title-main">Bookmaker</span> Organization or person that takes bets on sporting events

A bookmaker, bookie, or turf accountant is an organization or a person that accepts and pays out bets on sporting and other events at agreed-upon odds.

<span class="mw-page-title-main">Online skill-based game</span>

Online skill-based games are online games in which the outcome of the game is determined by the player's physical skill or mental skill. As in off-line games of skill, the definition has legal meaning, as playing games of chance for money is an illegal act in several countries.

<span class="mw-page-title-main">Online poker</span> Virtual card game

Online poker is the game of poker played over the Internet. It has been partly responsible for a huge increase in the number of poker players worldwide. Christiansen Capital Advisors stated online poker revenues grew from $82.7 million in 2001 to $2.4 billion in 2005, while a survey carried out by DrKW and Global Betting and Gaming Consultants asserted online poker revenues in 2004 were at $1.4 billion. In a testimony before the United States Senate regarding Internet Gaming, Grant Eve, a Certified Public Accountant representing the US Accounting Firm Joseph Eve, Certified Public Accountants, estimated that one in every four dollars gambled is gambled online.

Online casinos, also known as virtual casinos or Internet casinos, are online versions of traditional casinos. Online casinos enable gamblers to play and wager on casino games through the Internet. It is a prolific form of online gambling.

Online gambling is any kind of gambling conducted on the internet. This includes virtual poker, casinos, and sports betting. The first online gambling venue opened to the general public was ticketing for the Liechtenstein International Lottery in October 1994. Today, the market is worth around $40 billion globally each year, according to various estimates.

<span class="mw-page-title-main">Gambling in the United States</span>

In the United States, gambling is subject to a variety of legal restrictions. In 2008, gambling activities generated gross revenues of $92.27 billion in the United States.

<span class="mw-page-title-main">Barney Frank</span> American politician (born 1940)

Barnett Frank is a former American politician. He served as a member of the U.S. House of Representatives from Massachusetts from 1981 to 2013. A Democrat, Frank served as chairman of the House Financial Services Committee from 2007 to 2011 and was a leading co-sponsor of the 2010 Dodd–Frank Act. Frank, a resident of Newton, Massachusetts, was considered the most prominent gay politician in the United States during his time in Congress.

<span class="mw-page-title-main">Unlawful Internet Gambling Enforcement Act of 2006</span> United States law

The Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA) is United States legislation regulating online gambling. It was added as Title VIII to the SAFE Port Act which otherwise regulated port security. The UIGEA prohibits gambling businesses from "knowingly accepting payments in connection with the participation of another person in a bet or wager that involves the use of the Internet and that is unlawful under any federal or state law." The act specifically excludes fantasy sports that meet certain requirements, skill games, and legal intrastate and intertribal gaming. The law does not expressly mention state lotteries, nor does it clarify whether interstate wagering on horse racing is legal.

<span class="mw-page-title-main">Poker Players Alliance</span> American nonprofit Interest group

The Poker Players Alliance (PPA) is an American nonprofit Interest group formed to emphasize the rights of poker players, and to protect the players' liberties." The PPA formed to serve as an advocacy group to Washington to establish rights and protections for U.S. poker players. Within the first year of its existence, the PPA garnered over 600,000 members. In April 2008, the PPA claimed to have signed up its one millionth member. Membership growth has been due in part to promotional activities by online poker cardrooms like Party Poker.

The Southern District of New York (SDNY) Action Against Online Poker Players was a legal action taken by the Department of Justice in an effort to crack down on online poker. The action occurred around June 8, 2009, when the government ordered four banks to freeze over 34 million dollars in payments owed to about 27,000 poker players. According to the Poker Players Alliance, a grass-roots organization for poker players, federal prosecutors ordered Citibank, Wells Fargo and Goldwater Bank and Alliance Bank of Arizona to freeze the accounts of Allied Systems and Account Services. Allied Systems and Account Services are two of the account-management companies that Full Tilt Poker, Absolute Poker, Ultimate Bet and PokerStars use for the disbursement of funds.

<span class="mw-page-title-main">InterCasino</span> Online casino operator

InterCasino established the first online casino in 1996 and is part of the InterCasino Group, which is owned and operated by CryptoLogic Operations Ltd, a subsidiary of Goldstar Acquisitionco Inc. Registered in Malta, it is regulated by the Lotteries & Gaming Authority of Malta.

<span class="mw-page-title-main">FTC regulation of behavioral advertising</span> US Regulations on Advertising Targeted by Online Activity

The United States Federal Trade Commission (FTC) has been involved in oversight of the behavioral targeting techniques used by online advertisers since the mid-1990s. These techniques, initially called "online profiling", are now referred to as "behavioral targeting"; they are used to target online behavioral advertising (OBA) to consumers based on preferences inferred from their online behavior. During the period from the mid-1990s to the present, the FTC held a series of workshops, published a number of reports, and gave numerous recommendations regarding both industry self-regulation and Federal regulation of OBA. In late 2010, the FTC proposed a legislative framework for U.S. consumer data privacy including a proposal for a "Do Not Track" mechanism. In 2011, a number of bills were introduced into the United States Congress that would regulate OBA.

Gambling in France holds a current legal status.

<span class="mw-page-title-main">Gambling in New Jersey</span>

Gambling in New Jersey includes casino gambling in Atlantic City, the New Jersey Lottery, horse racing, off-track betting, charity gambling, amusement games, and social gambling. New Jersey's gambling laws are among the least restrictive in the United States. In 2013, the state began to allow in-state online gambling. Five years later, the state won a lawsuit that dismantled Nevada's monopoly on legal sports betting.

I. Nelson Rose is an internationally known author and public speaker, and is recognized as one of the world's leading experts on gambling and gaming law. He is currently a Professor Emeritus at Whittier College and a Visiting Professor at the University of Macau. Rose is best known for his internationally syndicated column and 1986 book, Gambling and the Law. To further educate and inform on the subject, he also maintains a comprehensive website, "Gambling and the Law," which can be found at www.gamblingandthelaw.com.

<i>United States v. Scheinberg</i> U.S. federal criminal case against the founders of 3 online poker companies

United States v. Scheinberg, No. 1:10-cr-00336 (2011), is a United States federal criminal case against the founders of the three largest online poker companies, PokerStars, Full Tilt Poker and Cereus, and a handful of their associates, which alleges that the defendants violated the Unlawful Internet Gambling Enforcement Act (UIGEA) and engaged in bank fraud and money laundering to process transfers to and from their customers. A companion civil case, United States v. PokerStars, et al., 11 Civ. 2564 (2011), included Full Tilt and Cereus as defendants and seeks the recovery of forfeiture equalling approximately $3 billion in assets belonging to the companies. After the indictment was unsealed on April 15, 2011, a date quickly dubbed Black Friday by the online poker community, PokerStars and Full Tilt stopped offering real money play to their United States customers. Three years after the start of the poker boom in 2003, the U.S. Congress passed UIGEA to extend existing gambling laws into cyberspace. The law made processing payments for illegal online gambling a crime; however, the defendant companies remained in the U.S. market in the belief that the law did not cover poker. A former payment processor for the companies turned state's evidence after initially being charged with violating UIGEA himself. On September 20, the civil suit was amended claiming individual fraud by Howard Lederer, Chris Ferguson and Rafael Furst.

Do Not Track legislation protects Internet users' right to choose whether or not they want to be tracked by third-party websites. It has been called the online version of "Do Not Call". This type of legislation is supported by privacy advocates and opposed by advertisers and services that use tracking information to personalize web content. Do Not Track (DNT) is a formerly official HTTP header field, designed to allow internet users to opt-out of tracking by websites—which includes the collection of data regarding a user's activity across multiple distinct contexts, and the retention, use, or sharing of that data outside its context. Efforts to standardize Do Not Track by the World Wide Web Consortium did not reach their goal and ended in September 2018 due to insufficient deployment and support.

<span class="mw-page-title-main">SEC Regulatory Accountability Act</span> US financial bill

The SEC Regulatory Accountability Act is a bill that was introduced into the United States House of Representatives in the 113th United States Congress. The bill would amend the Securities Exchange Act of 1934 to give new directions to the Securities and Exchange Commission (SEC) governing its regulation creation and amendment process. The SEC would be required to assess the significance of the problem they are considering addressing, determine whether the estimated costs would outweigh the estimated benefits, and identify alternatives to their proposed regulation. The bill is intended to help protect the financial sector from excessive, burdensome regulations created by the SEC. The bill would do this by ordering the SEC to conduct a cost-benefit study before issuing any new rules to ensure that the expected benefits of the new rule would outweigh the expected costs of imposing it.

United States virtual currency law is financial regulation as applied to transactions in virtual currency in the U.S. The Commodity Futures Trading Commission has regulated and may continue to regulate virtual currencies as commodities. The Securities and Exchange Commission also requires registration of any virtual currency traded in the U.S. if it is classified as a security and of any trading platform that meets its definition of an exchange.

Geolocation is an important technology in the online gambling industry. Different countries, states and jurisdictions have different laws ranging from complete prohibition to no laws at all, making online gambling de facto legal and unregulated. To determine whether a potential online gambler should be allowed to deposit, play or even view an online casino it is necessary to determine the individual's physical location.

References

  1. "HR2267". Library of Congress. 2009-06-12. Archived from the original on 2016-07-04. Retrieved 2009-07-10.
  2. "H.R.2267". Library of Congress. 2009-06-12. Archived from the original on 2014-09-23. Retrieved 2009-07-11.
  3. Vaughn, Jake. "Legal Status of Online Poker in the United States". OCBB. Retrieved 28 April 2014.
  4. 1 2 "Barney Frank Addresses WSOP Attendees On Anti-UIGEA Bills". Flop River Turn. 2009-07-08. Retrieved 2009-07-11.
  5. S, Nadav (2009-07-09). "Goldman Sachs: US to Legalize Online Gambling". Online Casino Reports. Retrieved 2009-07-10.