By
Dan |
Published
Sep 26 2007, 08:22 PM
October is on the horizon and when I think of this month, my mind traces back to a frightful October 13, 2006, the night that the Unlawful Internet Gambling Enforcement Act was signed into law. It was the final formality in a process that was anything but formal. The UIGEA was attached to an unrelated Safe Port Act, which was in turn passed by unanimous consent in the United States Senate. The online poker world seemed to be at a standstill. Flash forward one year. The
Interactive Media Entertainment and Gaming Association has introduced legal action in New Jersey to declare the UIGEA unconstitutional. A preliminary hearing occurred on Wednesday, September 26.
So what is iMEGA? Take a look at their website and you’ll see for yourself: iMEGA is a “professional association dedicated to the continued growth and innovation of the Internet. We seek constructive engagement with government at the Federal and State levels to ensure that the challenges of this still nascent medium are addressed with the full participation of the people and companies that have built the Internet into the powerful influence on society it has become.” President Edward Leyden explains why iMEGA is focusing on the UIGEA: “iMEGA is dealing with this issue right now because of where the political landscape is and where the enforcement landscape is. It’s necessary that we focus on iGaming because that is where the most imminent threat to the industry is.” Legislation has been primarily driven by politics and righting a wrong is of the utmost importance to IMEGA: “We understand the 2006 act was a political act.”
Surprisingly to some, Leyden’s stances on many issues are very similar to those of the government: “None of us want children to be gambling on the internet. No one wants people who have disorders gambling. We believe that states should be able to govern what happens within their borders. If Utah doesn’t want gambling, that should be allowed. If Utah wants tax revenue from gaming, there should be a framework for that to happen. Along the same lines, we believe in the rights of privacy for individuals that are playing. Privacy is constitutionally protected. A 2002 study by Congress didn’t find any money laundering issues and, if there were a threat, the best way to thwart it would be oversight. We also believe in the fairness of games.”
Wednesday’s preliminary hearing resulted in the judge seeing it as a request for a preliminary injunction. This is already good news for online poker players everywhere: “We would consider a preliminary injunction to be a big step. U.S. District Court Judge Mary L. Cooper heard our arguments as to why the UIGEA is a novel, dangerous piece of legislation. Until regulations are issued, one doesn’t know what’s criminal because the UIGEA only talks about payments. Although I have heard that the government will be coming out with regulations soon, they’re still two months late.” If a preliminary injunction were granted, it would essentially turn back the clock to one year ago, before the UIGEA was a reality. “It would send a message to Congress that the UIGEA was not a good idea and would send shockwaves across Capitol Hill.” Ultimately, the goal of the iMEGA legal action is to declare the UIGEA unconstitutional.
A ruling on whether a case will be heard will be handed down within the next 30 days. In the meantime, all we can do is get active. The time is right now to become knowledgeable about iMEGA. They’re not an alternative to the Poker Players Alliance; iMEGA provides the online poker community one more out. This time, it’s in the judicial system. Visit iMEGA’s website for more details.