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Online Poker is LEGAL!!

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  1. supermoves supermoves is offline invented poker

    Posts: 6,840
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    Jun 9th, 2006 (6/9/2006 9:55am)

    Ok, here is something interesting, I think people (including myself) have surmized that playing poker/gambling on the internet is illegal. Well, I have good news...ITS NOT! The poker rooms themselves are actually breaking american laws (who cares, since they are based offshore), but legal experts have decided that its actually NOT illegal for us to use them. This is all on a federal level. Now, Im not sure if the individual states (like washington) have the right to make a law contridicting this. Federal laws always trump state laws, the problem is that there is no LAW saying that its legal, its just a generally accepted theme. Therefore, it might be possible for individual states to make laws against certain internet behavior.

    Pretty interesting!
    1
  2. jtown1010 jtown1010 is offline

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    Jun 9th, 2006 (6/9/2006 9:58am) in reply to supermoves

    It really baffles me that the Govt. is putting so much emphasis on comdemning online poker. I just don't get how this is such a big problem. I'm glad to hear that it is not illegal, I was totally uncertain about that, thanks for clarifying.
  3. steve steve is offline

    Memphis, TN
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    Jun 9th, 2006 (6/9/2006 10:08am) in reply to supermoves

    what about the interstate wire act? doesn't that say that it is illegal to place a wager over telecommunication lines, in interstate commerce? I don't know which legal experts have taken the position that internet gambling is legal, but I do know that the Justice Department has taken the opposite position, based on the interstate wire act.
  4. Gabovitch Gabovitch is offline

    Nashville, TN
    United States

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    Jun 9th, 2006 (6/9/2006 10:10am) in reply to steve

    Super, it would be more accurate to say that this is a disputed area, it depends on whether internet poker really is covered under the wire act. Regardless, most states have laws making online gambling illegal.
  5. browerkid browerkid is offline

    Bronxville, NY
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    Jun 9th, 2006 (6/9/2006 10:12am) in reply to jtown1010

    The problem for ths US Government is they are not receiving there cut in tax revenue. They know these online poker sites are making hundreds of millions, and that over half of the players who play on these sites are from the US.
     
  6. Gabovitch Gabovitch is offline

    Nashville, TN
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    Jun 9th, 2006 (6/9/2006 10:20am) in reply to supermoves

    Oh and federal laws do not really always trump state laws. Violations of fedral law are dealt with by the justice department and federal courts, violations of state law go to state courts. Of course states are allowed to make things illegal that aren't illegal under federal law. Any number of things aren't covered by federal law, these things are left to the states. Federal courts can invalidate state laws if they find them to be unconstututional but thats a different matter entirely. A law isn't going to be invalidated just because it makes something illegal that isn't covered in federal law, thats not how it works.
  7. beauright beauright is offline

    Saint Petersburg, FL
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    Jun 9th, 2006 (6/9/2006 10:21am) in reply to jtown1010

    to supermoves- the legality of online poker is completely up to a judge's opinion of the law. In North (maybe south) Dakota this actually went to court and the judge decided that the person could not be convicted under the Wire Act (gambling over the telephone law).

    That being said, online poker/gambling simply has not been a priority to law enforcement officials (FBI, police, whomever) because the laws are unclear and they do not want to waste their time and money going after suspects. So for now, you could say it is 'legal' in places that haven't passed bills otherwise (i.e-Washington)

    to jtown1010- you have to remember that most people including some in congress and the bush administration do not distinguish Online Poker from Online Gambling. This is essentially the issue that may take the game we love away from us.

    Unfortunately there have been court cases that failed to change poker's classification as a game of "chance" to a game of skill under current interpretations of laws in various states (i.e.- in North Carolina, a poker club lost a suit against the Attorney General's prosecution of their game. The judge said that under the law he would have to interpret poker as a game of chance, but did add that the law should be changed. He simply can't do that though)

    My suggestion if the online gambling ban is passed through the Federal Government, is that sites such as party DROP the Blackjack and other casino games from their software for U.S. citizens. Then those guys team up with the Poker player's alliance and higher some big time lawyers to back the first POKER PLAYERS (not gamblers) that are being prosecuted under the new law. This will be our chance to regain online poker if it is lost.

    In the mean time, PLAY MORE POKER!

    for what it's worth,
    beauright
  8. kyle943 kyle943 is offline

    Houston, TX
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    Jun 9th, 2006 (6/9/2006 10:29am) in reply to Gabovitch

    use hide ip and open an offshore bank account when it becomes illegal.....wow that was easy
  9. kyle943 kyle943 is offline

    Houston, TX
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    Jun 9th, 2006 (6/9/2006 10:48am) in reply to Gabovitch

    what states do? and it has already been proven online poker does not fall under the wire act. also write your congressman cuz there is a bill comming up on this very issue to take poker away for good
  10. TheJacob TheJacob is offline

    Rocky Mount, NC
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    Jun 9th, 2006 (6/9/2006 11:02am) in reply to beauright

    The Blackjack paired with all these poker sites really makes this hard for us...
  11. beanie beanie is offline

    Saint Paul, MN
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    Jun 9th, 2006 (6/9/2006 11:32am) in reply to kyle943

    how many of you smoke weed? Gonna be about the same, so don't fire up your laptop in a coffee shop and you should be fine.
  12. Gabovitch Gabovitch is offline

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    Jun 9th, 2006 (6/9/2006 11:47am) in reply to kyle943

    30 something states do.. Take a look at the gambling and the law website. Washington's is easily the most severe. The real question about the Kyl and the Goodlatte bills is how effective enforcement would be. The Goodlatte bill would try to go after bank transfers and try to get internet providers to block poker sites. I don't have a good grasp of the technical aspects here, but thats where these bills could make a difference. The fact that so many states have laws against online gambling with almost no results or effect on anybody playing shows that without enforcement methods prohibtions are pretty toothless.

    Of course there would probably still be ways to play but I would guess that for the average player there is a point where it would all become too difficult and possibly dangerous. Its one thing to have a netteller account that connects to your bank account, but a lot of people aren't going to be willing to set up an entirely separate offshore account that isn't ever going to go to your bank account, particularly if this kind of activity started getting increased scrutinity. There's a point where most people are going to say, screw it, I'll play a home game once in a while and maybe go to AC every month or so, but its just not worth it to play online anymore.
  13. Jack_Ace75 Jack_Ace75 is offline

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    Jun 9th, 2006 (6/9/2006 11:50am) in reply to beanie

    this is pretty interesting, how about all the poker pros (like Doyle) that have their site up and running, are they using off shore companies or are they actually us based? And why is it ok to advertise poker sites (even with dot net) on tv around the clock on certain gaming channels? I mean there are thousands if not a few million people trying out poker on line in the US. And what about the magazines that sponsor all the different sites? this is really hard to understand what is legal and what is illegal. One thing for sure, uncle sam definitely wants a cut of that pie.
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