Minnesota Calls for ISP Blocking of Internet Gambling Sites[ return to main articles page ]

By: Dan
Published on Apr 29th, 2009
In breaking news out of Minnesota, the state’s Department of Public Safety served written notice to major internet service providers (ISPs) to block access to at least 200 internet gambling sites by residents. The affected ISPs are AT&T, Charter Communications, Comcast, Direct TV, Dish Network, Embarq, Sprint/Nextel, Frontier Communications, Qwest, Verizon Wireless, and Wildblue Communications. The 200 sites in jeopardy are not yet known. Unlike a similar occurrence in the Commonwealth of Kentucky, the Minnesota Department of Public Safety is not yet threatening seizure of the domain names. Instead, it is calling for ISPs to block access.

The press release distributed on Tuesday includes quotes from John Willems, the Alcohol and Gambling Enforcement Division’s Director. He explained, “In Minnesota, and for Minnesotans, the primary issues are legality, state self-governance, and accountability. In broader context, the long-running debate on online gambling continues to raise significant issues, including absence of policy and regulation, individual rights, societal impact, international fair-trade practices, and funding for criminal and terrorist organizations.” He warned that the blockage of sites might extend “to address thousands of sites, depending on compliance.” The 200 sites in question have not yet been made public. Each ISP has up to three weeks to respond. If necessary, the State has threatened to take the ISPs to the Federal Communications Commission.

The Interactive Media Entertainment and Gaming Association (iMEGA) was among the first organizations to hit the ground in the northern state in response to the written notices, which were delivered on Monday. Its Chairman, Joe Brennan, told PocketFives.com, “We already have local counsel and they're moving. The fact that the Department of Public Safety has made its press release public, but not the list of 200 affected sites, is eerily similar to what happened in Kentucky.” In the Bluegrass State, Governor Steve Beshear ordered the seizure of 141 internet gambling domain names, including those belonging to PokerStars and Full Tilt Poker, unless these sites blocked access by Kentucky residents. In response, rooms such as Ultimate Bet, Absolute Poker, and outfits on the Merge Gaming Network ceased taking Kentucky customers.

When asked whether he was surprised to hear that another state besides Kentucky had pursued blocking internet gambling sites, Brennan responded, “It's not unexpected. Ever since Kentucky tried this novel approach, I have been waiting for another state or jurisdiction to do the same. I just didn’t expect it to be Minnesota. It’s not known as a conservative state and its citizens are getting ready to be represented by Al Franken. These aren't socially conservative people.” In Kentucky, the Commonwealth’s Court of Appeals ruled in favor of the internet gambling industry in January, asserting that the State did not have jurisdiction to act. The two to one vote was quickly appealed by the Justice and Public Safety Cabinet, which is led by J. Michael Brown.

The Minnesota Department of Public Safety charges that internet gambling is illegal in all 50 U.S. states by virtue of the Wire Act of 1961. No mention of the Unlawful Internet Gambling Enforcement Act (UIGEA), which was passed in 2006, is given. The Poker Players Alliance (PPA), the major lobbying force for the industry, was outraged by Wednesday’s news. Its Minnesota State Director, Matt Werden, commented in a press release, “We see headlines like this coming from communist China, but never expect that it could happen here in Minnesota. The good news is groups like the Poker Players Alliance are here to protect the rights of poker players and set the record straight when government reaches too far.” He added, “I don’t know what U.S. code they’re reading, but it is not illegal to play this great American pastime online and we’re calling their bluff.” There are 21,000 PPA members in Minnesota.

In an interview with the Minneapolis Star Tribune newspaper on Wednesday, Willems revealed that he is unaware of how many of the state’s residents actually gamble online. He told the news outlet, "It's hard to know that. I can't tell you if it's one or 500,000. My only concern is that it's unlawful." Over 125 comments have been posted about the Star Tribune’s article at the time of writing. Many call for residents to contact their ISPs and question how lawmakers in Minnesota have time to tackle internet gambling given the struggling economy. Minnesota has tribal casinos and racetracks with legal card rooms, including Canterbury Park in Shakopee. Its state lottery features online second chance drawings for games including Minnesota Twins and Deal or No Deal.

Groups such as the Americans for Tax Reform and Center for Democracy and Technology have already come out in support of the internet gambling industry in Minnesota. In Kentucky, the case even attracted the attention of the American Civil Liberties Union (ACLU), which submitted an amicus brief. The Minnesota Department of Public Safety is also going after telephone carriers to block access to the sites’ call centers.

The Department of Public Safety’s press release boasts that the written notices represent “the first attempt by a state to employ this federal statute to restrict access to online gambling sites.” View the full press release.

Comments

  1. <p>This is the same agency that raided a restuarant in the town I live in and confiscated dice and antique slot machines. The dice was used for beat the bartender night. If you rolled higher then the bartender your drink was free if not you payed. The antique slot machines were used in the Good Old Days promotion. Where you pulled the machine to determine if you got to order off the 50's,60's,70's or 80's menu and also pay the listed price.</p>
  2. <p>MN is faced with a 2.5 billion dollar budget deficit and this is what our state chooses to spend money on?  Forget the schools, roads, police, and general infastrucutre.  Let's go get the evil poker players.  Time to make some phone calls and write some letters ... it's that or take up drugs again.  Ugh.</p>
  3. <p>Sounds like they are acting by the book so far.  Of course, the definition of "gambling" is pretty squirely.  This code section pretty much says that if any ISP regulated by FTC (i.e., umm, all of them, I think), is given notice that websites are using their services to "gamble" then the ISP must stop permitting those websites from being used by the service. </p>
    <p>18 U.S.C. sec. 1084(d) "When any common carrier, subject to the jurisdiction of the Federal Communications Commission, is notified in writing by a Federal, State, or local law enforcement agency, acting within its jurisdiction, that any facility furnished by it is being used or will be used for the purpose of transmitting or receiving gambling information in interstate or foreign commerce in violation of Federal, State or local law, it shall discontinue or refuse, the leasing, furnishing, or maintaining of such facility, after reasonable notice to the subscriber, but no damages, penalty or forfeiture, civil or criminal, shall be found against any common carrier for any act done in compliance with any notice received from a law enforcement agency. Nothing in this section shall be deemed to prejudice the right of any person affected thereby to secure an appropriate determination, as otherwise provided by law, in a Federal court or in a State or local tribunal or agency, that such facility should not be discontinued or removed, or should be restored."</p>
  4. <p>In Billy Baxter v. the IRS, Poker was deemed not gambling, But, A GAME OF SKILL.  This was determined by the US Supreme Court, when Mr. Baxter sued the IRS and the tax code because they were taxing winnings as gambling winnings which resulted in a much higher rate.  If the US Supreme Court can state that poker is NOT gambling, then that must be the law of the land.</p>
     
  5. <p>as a country, we need to lead by example.  i hope this first domino doesn't fall.  especially because we shouldn't ban access to any sites on the internet.  china already does that, amongst others.  </p>
    <p>joke banning access to poker as a state priority. </p>
  6. <p>Well, it looks like I'm going to have to play at the casino's and card clubs here again.  Our whole country is in crisis and our good state of Minnesota is worried about us playing poker online. What a bunch of BS</p>
  7. <p>Sounds like communism to me when are we going to have to start wearing swastikas </p>
     
  8. <p>My girlfirend is from minesota..in the words of rickey richardo "She'd got some splainin too do"</p>
    <p>Seriously though, I'm going to ask her to plead to her relatives to vote against this injustice! There are so many things that are of a much higher concern than people gambling online!!!</p>
  9. <p>I  CURRENTLY  RESIDE  IN  MINNECHODA, ROCHESTER 2BE EXACT, AND AS IF IT WASNT LAME ENUFF HERE ALREADY???  THIS IS  REDICULOUS!!!...  THIS  STATE  SUCKS, THAT  IDEA  SUCKS AND THERES A RECESSION AND ALOT  OF  TUFF  TIMES EVERYWHERE AND ALL WERE THINKIN ABOUT  IN THIS  LAME STATE IS CRACKIN THE POKER PLAYERS OUT OF EXISTENCE , CUZZZZZ  WERE  THE  PROBLEM  RIGHT????...  UR  TRASH FOR DOIN THIS MINNESOTA, AND IF I CANT PLAY ONLINE FOR REAL  SOON, ILL MOVE OUT OF THIS STATE AND  NEVER RETURN!!!!  ROT  IN  POKER  HELL  ALL WHO  HAVE  AGREED  TO  THIS  LAW,  YOU  FISHCAKE DONKEYS!!!</p>
  10. <p>but i thought ppl fought oversees to protect our freedom, apparently they are doing a shitty job. :)</p>
     
  11. <p>I am boycotting Canterbury card club. They are behind this.</p>
  12. <p>I am a Minnesotan, and this is some of the dumbest out of nowhere shit I have ever heard of. IF this shit goes through I am looking for out of state residence when my lease is up.</p>
  13. <p>Freedom of speech is the freedom to speak freely without censorship or limitation. The synonymous term freedom of expression is sometimes used to denote not only freedom of verbal speech but any act of seeking, receiving and imparting information or ideas, regardless of the medium used. Freedom of speech and freedom of expression are closely related to, yet distinct from, the concept of freedom of thought. In practice, the right to freedom of speech is not absolute in any country and the right is commonly subject to limitations, such as on "hate speech".</p>
    <p>The right to freedom of speech is recognized as a human right under Article 19 of the Universal Declaration of Human Rights and recognized in international human rights law in the International Covenant on Civil and Political Rights (ICCPR). The ICCPR recognizes the right to freedom of speech as "the right to hold opinions without interference. Everyone shall have the right to freedom of expression."</p>
  14. <p>If you live in Minnesota be sure to E-mail the governor and any other government officials and tell them how you feel.  I also E-mailed my ISP, Qwest, and told them that I would be canceling my service with them if they followed through with the states request.  They e-mailed me back something that said they didn't block any sites and had no intention of blocking anything.</p>
  15. <p>The government hates the fact that their monopoly on gambling is threatened.</p>
     
  16. <p>OK today it's banning online gaming in Minnesota. What will it be tomorrow... ? People have fought and died to defend freedom. It's a slap in the face of every American, esp to those who have served.</p>
    <p>This isn't the old USSR or today's China, is it? hmmmmmmmmmm</p>
  17. <p>GG Minnesota</p>
  18. <p>i've never hated my state more than today...which governor should we email by the way? haha</p>
  19. <p>I lived in MN...  I loved it there.  Good thing I live in Vegas now!</p>
  20. <p>This is unbelievable. I feel like I live in a communist county, not a free country and state in the 21st century. I simply do not understand why these fukkkkkkers insist on taking our rights away on something as harmless as online poker. Who and what is it hurting that I am sitting in my own living room playing a game of poker. I'm just perplexed to say the least. My congressman,senators and Tim Pawlenty are going to get an earful from me, all Minnesotans need to speak and be heard. </p>
 
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