By
Dan |
Published
May 24 2009, 11:50 AM
In the case involving the potential censorship of 200 internet gambling domain names in Minnesota, none of the 11 targeted internet service providers (ISPs) has responded. Last month, the Minnesota Department of Public Safety issued letters to 11 of the country’s largest ISPs, including Comcast, Charter, and Qwest, calling for the blockage of 200 sites, only some of which accept players from the United States. The Interactive Media Entertainment and Gaming Association (iMEGA) sent letters to each of the ISPs urging non-compliance. Each of the companies originally had two to three weeks to respond. However, the Attorney General’s office in Minnesota has indicated that it will take a more methodical approach to enforcement.
iMEGA Chairman Joe Brennan told PocketFives.com that each of the ISPs the organization has spoken to believes the State of Minnesota lacks jurisdiction under the Wire Act of 1961. At the same time, the Attorney General’s office in the Land of 10,000 Lakes recognizes the pushback from the industry. Brennan commented, “Our legal team has had conversations with the Attorney General’s office in Minnesota. They have agreed that they will not force the issue and it’s just on the ISPs complying with the timeline. There is no need for iMEGA or the Attorney General’s office to be putting briefs together quickly to try to meet some deadline in Federal court.”
The list of 200 internet gambling sites at risk in Minnesota includes American-friendly online poker rooms like Bodog and Full Tilt Poker. The former is actually listed as “BoDog” and its corresponding URL is for its casino arm, not its online poker site or sports book. Full Tilt Poker’s domain is its conventional FullTiltPoker.com. However, the company also owns FullTilt.com, which it purchased amid the Kentucky legal squabble (more on that case to come). Also on the list of 200 sites are several that do not accept players from the United States, including Gnuf, CD Poker, Titan Poker, and Everest Poker. The latter is the official on-felt sponsor of the 2009 World Series of Poker (WSOP). The sites were drawn randomly from a much larger list.
In the meantime, iMEGA filed a lawsuit against John Willems in his capacity as the Director of the Department of Public Safety’s Alcohol and Gambling Enforcement Division in the Twin Cities (pictured at left). Brennan explained, “What the Attorney General’s office has said is that we recognize that there’s a party contesting this and a lawsuit. In order to do this right, we are not going to insist on a briefing schedule that will match the timeline outlined in the Department of Public Safety’s letter. Both sides will take a look at this and act in a reasonable timeline.” iMEGA charges that Minnesota does not have the authority to mandate blockage of internet gambling sites, that the move violates First Amendment rights, and that the actions trample on the Commerce Clause of the United States Constitution.
Brennan explained in basic terms why the Wire Act does not apply to ISPs: “ISPs are like plumbing. They essentially enable your building to receive water, but aren’t in the water business. The contents of the internet is like water and it comes from different sources. The ISPs simply provide the ability to access it.” In essence, ISPs do not provide internet gambling services themselves; instead, they provide the means to seek out content. “Common carriers” traditionally fall under the jurisdiction of the Wire Act. However, that term often applies to local telephone companies.
iMEGA’s brief in the Kentucky internet gambling case is slated to be filed next week. Its deadline is officially June 1st, but Brennan expects the organization to file early. iMEGA has shared it with others involved in the case and expects amicus briefs from groups like the Poker Players Alliance (PPA), American Civil Liberties Union (ACLU), and eBay. Upon iMEGA filing its brief, Commonwealth attorneys will receive a chance to submit a rebuttal. The case in Kentucky is headed to the State Supreme Court after a Court of Appeals in Louisville ruled by a two to one margin in January that the Commonwealth did not have jurisdiction to act. The 141 internet gambling sites in jeopardy in the southern state include PokerStars, Absolute Poker, Doyle’s Room, Cake Poker, and UltimateBet. If successful, the domains would be inaccessible not only in Kentucky, but also around the world.
Stay tuned to PocketFives.com for the latest from the Kentucky and Minnesota internet gaming battles.