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.
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