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The following is a press release concerning legislation Congressman Barney Frank (D-MA) introduced on Thursday, April 26, 2007, concerning internet gambling. It is taken in its entirety from:
http://www.house.gov/apps/list/press...ss042607.shtml.
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Washington, DC - Rep. Barney Frank (D-MA) today introduced H.R. 2046, the Internet Gambling Regulation and Enforcement Act of 2007 that would create an exemption to the ban on online gambling for properly licensed operators, allowing Americans to lawfully bet online.
The Act establishes a federal regulatory and enforcement framework to license companies to accept bets and wagers online from individuals in the U.S., to the extent permitted by individual states, Indian tribes and sport leagues. All such licenses would include protections against underage gambling, compulsive gambling, money laundering and fraud.
“The existing legislation is an inappropriate interference on the personal freedom of Americans and this interference should be undone,” said. Rep. Frank.
In 2006, the House passed the Unlawful Internet Gambling Enforcement Act, restricting the handling of payments by U.S. financial institutions for unlawful forms of Internet gambling. That law prohibits the use of payment instruments by such institutions to handle the processing of any form of Internet gambling that is illegal under U.S. federal or state law.
Traditional forms of legalized gambling already exist in nearly every state. By continuing to prohibit Internet gambling in the U.S., the U.S. has left Americans who choose to gamble online without meaningful consumer protections. The proposed legislation would institute practical and enforceable standards to bring transparency to Internet gambling and provide consumers the protections they expect and deserve.
The Financial Services Committee will hold a hearing entitled, “Can Internet gambling be regulated to protect consumers and the payments system?” at a date to be determined in June, 2007.
Q&A About the Internet Gambling Regulation and Enforcement Act of 2007:
LICENSE REQUIREMENTS
How will the government ensure that the proper consumer protections are put in place?
No applicant would receive a license unless the following requirements with respect to any Internet bet or wager, at a minimum, are met:
• Safeguards to ensure the individual placing the bet or wager is 18 years of age or older
• Safeguards to combat fraud and money laundering and compulsive gambling
• Mechanisms to ensure all appropriate taxes and fees are collected from individuals and the licensees
• Safeguards to ensure that the individual placing the bet or wager is physically located in a jurisdiction that permits that form of Internet gambling
What safeguards would be implemented to ensure that licenses are granted only to qualified Internet gambling operators?
Applicants for a license would be required to provide comprehensive financial statements and corporate structure documents, and to agree to be subject to U.S. jurisdiction and all applicable laws related to Internet gambling. No license would be granted to any applicant convicted of a criminal violation of any law relating to gambling, money laundering, fraud or other financial laws. Licensing would be handled by the U.S. Treasury through its anti-money laundering agency, the Financial Crimes Enforcement Network (FinCEN).
CONSUMER SAFETY
How does the bill protect consumers?
The framework set forth in the bill would for the first time effectively regulate Internet gambling, thus making it possible to address underage and compulsive gambling, neither of which are prevented under prohibition regimes. Regulation combined with proven technology would establish a system of effective controls to block children and compulsive gamblers from gambling.
How can restrictions against underage Internet gambling be enforced?
Existing technology can enforce requirements that licensed Internet gambling operators restrict minors’ access to Internet gambling. For example, when registering at a gambling site, the customer would be required to provide a range of information including name, address, date of birth, telephone number and details of an identity document, such as a driver’s license or social security number. This information would then be passed on to the Payment Service Provider (PSP) and run through the Know Your Customer (KYC) system to confirm that the data being provided matches against several separate sources of information and is in fact accurate. The operators may also have KYC systems in place.
Operators could also request a physical copy of documentation, such as a utility bill and/or a copy of the customer’s identity document, for further verification.
Is it possible to identify and enforce restrictions on compulsive gambling?
There are a number of techniques that can be used, from systems that limit the total amount of funds that may be wagered based on credit limits, to the use of public databases that include details used to identify persons who have chosen to exclude themselves from online gambling. Customers could be added to this list at their own request.
Additionally, limits can be placed on the number of transactions a customer can put through on a daily, weekly and monthly basis, by the operator acting alone, by the credit card company, by the PSP, or by all three. In the event that an unusual spending pattern is noticed, these transactions could automatically be put on hold for further investigation.
FINANCIAL INTEGRITY OF INTERNET GAMBLING TRANSACTIONS
How will a license and regulation framework protect against money laundering and fraud?
Funds entering a gambling operator’s system are already resident in the banking network somewhere. That is, the funds have previously been deposited into a bank account at some stage, subjected to stringent KYC requirements, and which greatly increases the traceability of any funds entering the system. All transactions can also be checked at the time of authorization against a number of anti-fraud, money laundering and terrorism databases.
What additional security measures could be put in place to protect the consumer from merchant fraud?
Payment Service Providers could set-up escrow accounts for each licensee in which money is set aside for a period of time to ensure that when a financial transaction is successfully contested the operator immediately refunds the consumer. Therefore, any claim regarding the use of an unauthorized credit card could automatically result in a full repayment to the principal credit card holder.
STATES AND INDIAN TRIBES
Would individual states and Indian tribes have the option to opt-out of legalized Internet gambling?
To protect States’ and Indian tribes’ rights to control gambling activities within their respective geographic borders, the Act permits States and Indian tribes either to prohibit Internet gambling activities or impose limits on various types of Internet gambling activities.
Is it possible for restrictions to be enforced if individual states decide to “opt-out” from permitting persons in their states from Internet gambling?
Yes. In using the Internet, a customer’s IP address is broadcast to the operator, which can then be used to identify the state in which a customer resides with a 99 percent level of accuracy. This information is also made available and compared to the customer’s registration information. In the event the information differs, the transaction is not approved and the customer is prevented from engaging in Internet gambling.
SPORTS BETTING
If professional sports leagues and college associations decide to opt-out from allowing bets and wagers on their sporting activities, could that be enforced?
Yes. Under the proposed legislation, all licensed Internet gambling operators would be prohibited from accepting bets or wagers on sports leagues or associations that have opted-out. In the event of a violation, the operator’s license could be withdrawn and the operator may be prohibited from applying for a new license. As part of its contract with the Internet gambling operator, the PSP would be required to enforce these requirements throughout the collection and payment process. -
Gooo Barney!!
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While this is great news, there are concerns. Why would states that currently don't allow it begin allowing it if this passes? I would hope that there would be tax money that would be lucrative to the states that would get them to allow it. Currently living in FL where I can't really play (max $2 bet) I don't feel great.
The sports betting part is interesting too as I don't see the NCAA allowing anything and I'm not sure about the pro sports. They all make more money because of gambling, but publicly they speak out against it. -
This bill has just as many loop holes as Kyls, seems to me they are playing cat and mouse
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I was about to post the same thing ORAG. This bill will actually make it harder for some people to play if you live in a state that bans online gaming. My state of Nevada is included on that list.
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The bill has to allow for individual states to choose if they want to participate, as state's rights is a fundamental part of our democracy. I always thought the most appalling part of this bill was the federal government making moral decisions, and I'd be just as politically opposed to a bill that forced all states to accept online wagers.
However, it is true that there will need to be something in it for the state governments, otherwise they have no reason to play. I'm sure participating states will see some form of tax revenue. I just hope there are no complications with cross-state gambling (as in, everyone at my table doesn't have to be from the same state). And I wouldn't worry about Nevada...don't you think the casinos will lobby to allow internet gambling once the federal restrictions are removed? And don't you think they could be quite successful? I'm sure more people have heard of (and therefore trust) Bellagio or MGM Grand as opposed to pokerstars.
It will also be interesting to see if sites like Bodog give up the sportsbook to play legally in the U.S. market. I suppose it will come down to which generates more revenue for them - a worldwide sportsbook, or an american-legalized poker room? -
I anticipate the Bellagios and MGMs of the world to buy up poker sites once all the restrictions are lifted. Good revenue stream for them.
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GO BARNEY!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
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I have no doubt that the laws in Nevada would change, but I'm not sure how long it would take. What would we do in the mean time? I think it would have to be put on the ballot for the next election (that's how most bills are in Nevada) so we're talking November at the earliest. But the bill is certainly a step in the right direction.
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I don't even think it will be ready for states to vote on by November. Consider --- first this bill has to pass. Then someone has to write the regulations that the online casinos will abide by. Then the online casinos have to adjust their software accordingly, apply to feds, and ultimately be approved. I would think that process will take 12-18 months.
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This is excellent news. At the very, very, very least, this should stem the tide of companies pulling out of the US market. Some might even see it as an opportunity to get back in. I doubt it, but you never know.
Anyway, It'll be very interesting to see if this picks up steam. -
EMAIL YOUR REP AND SENATORS! Let them know you want this passed!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
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Hey, could p5s or ppa or someone write up a standardized letter that we can sent to our representatives like the one available a few months ago?
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While this all sounds good so far I have same concerns others have about states and even Indian tribes still being allowed to ban online gambling in their areas. I live in a state where there is a Indian run casino just about a hour from anywhere you live in the state. I have a feeling they will not let this fly.
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http://elon.facebook.com/group.php?gid=2317882921
For all y'all with facebook, this is a Barney Frank support group...as a poly-sci major this is very interesting and I am very pleased with Rep. Frank. -
I concur with a lot of what has been said here. I do not think this bill really accomplishes anything for a lot of people.
For instance, I live in the backwoods state of Arkansas. We have two legal gambling operations: Oaklawn Park (horse racing with a recent expansion of certain electronic gaming, which I think includes electronic poker tables) and Southland Park (greyhound racing).
If the bill gives states the right to choose, I highly doubt Arkansas will choose to participate, and the citizens of Arkansas will be in the same spot we are in now. Arkansas already throws away a lot of revenue to Tunica MS and to Indian casinos in Oklahoma....so why would they change now?
Of course, being in the Bible Belt doesn't help either....
So while this bill could undo some of the damage Frist did in October, we still have to deal with individual state decisions. -
Don't worry. It won't pass.
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I'm glad to see that someone is standing up for your individual rights. You may yet become the land of the free. GG BARNEY
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Oaklawn does not have the Poker Pro tables yet, but Southland does. Oaklawn is waiting due to a pending lawsuit before the Arkansas Supreme Court. Both sites do however have the video poker machines to go with the instant racing we have had for 7 or 8 years.
You have to also remember that we finally got rid of the bible thumping Republican in the Gov office and the Democrats have contol of all the statewide offices.
Halter was in favor of a lottery and Beebe said he wouldn't stand in the way... -
Its nice to see someone thinking 21st century. If passed, this bill will forever change the landscape of online poker. Say hello to the Wynn or Bellagio online poker site. As much as I hated party poker, I would wager they will take the lead on getting back into the market. This can only be a good thing for poker. First Washington takes their head out of its arse, now Barney Frank. Whats next? It can only get better from here.
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The states that ban it, ban it for the reasons that Barney's bill addresses.
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I'll bet you a gazillion dollars that once this bill passes, Nevada goes into emergency session and passes law allowing licensed casinos to operate online gaming sites subject to restrictions of Barney's bill.
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but why, if they pay tax, the state compact could be adjusted to allow the tribe to have a site. Everyone benefits
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I thought I had read somewhere that Oaklawn was holding off. I wonder what stakes they'll offer (I'm an hour and a half from Hot Spings).
Of course, Beebe did shoot down the possibility of a casino in Ft. Smith, so I do not see him being a supporter of full expanded gambling in Arkansas, althought it loses millions a year in tax revenue to other states. -
Mark my words. It will pass as soon as Bushy is ousted. With the WTO flack with antigua, and that which is sure to come from England soon, it will pass.
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<h1> House bill would allow Internet gambling </h1>
<span> By MARCY GORDON, AP Business Writer </span> Thu Apr 26, 6:04 PM ET
WASHINGTON - The ban on Internet gambling enacted last fall would be overturned under legislation proposed Thursday by a senior House Democrat, but the bill faces long odds in Congress.
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Rep. Barney Frank (news, bio, voting record), D-Mass., chairman of the House Financial Services Committee, said the law preventing the use of credit cards to bet online "is an inappropriate interference on the personal freedom of Americans, and this interference should be undone." More bluntly, he has called the ban "one of the stupidest things I ever saw."
Because traditional forms of legal gambling exist in nearly every state, Frank said, a continued prohibition on Internet gambling for Americans leaves those who choose to gamble online "without meaningful consumer protections." He said his bill includes safeguards to ensure that gamblers are at least 18 years old and live in a jurisdiction that permits online gambling, and to prevent compulsive gambling and fraud.
The $12 billion Internet gambling industry is based outside the United States — most of the companies are British — though about half of its customers live in America.
Supporters of the U.S. ban maintain that Internet betting can be addictive and potentially drain people's savings, a risk they say is especially acute for young people who are frequently online.
Frank acknowledged that the Democratic leadership of the House likely would not support it. The Bush administration also could be expected to oppose the legislation.
The vote for the ban in the House, for example, was 317-93 last year. Lobbying for it were the horse racing industry and professional sports leagues, which argued that Web wagering could hurt the integrity of their sports.
"It should come as no surprise that I fundamentally oppose any attempts to repeal or weaken" the 2006 law, the Financial Services Committee's senior Republican, Rep. Spencer Bachus (news, bio, voting record) of Alabama, said in a statement.
"The overwhelming vote in favor of this legislation reflected widespread public concern over the ill effects of illegal Internet gambling on our youth," he said. "Nothing has changed and I am confident this proposed bill will be rejected." -
I dont think party poker will ever be the leader in the industry again. All of the American noobs that played on there were forced to find the other (better) sites like Full Tilt and stars and I cannot imagine why they would just pack up and leave back to Party.
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I dont think the Indians should have a monopoly on gambling
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