Quick Ruling Expected in Kentucky Internet Gaming Case, by Dan Cypra - Poker News Daily - 12th December 2008
Friday marked the resumption of the case involving the seizure and possible forfeiture of 141 internet gambling domain names by the Commonwealth of Kentucky. It pits the Justice and Public Safety Cabinet in the state against some of the most popular online poker, online casino, and online Bingo websites.
This time around, the proceedings took place in Kentucky’s largest city, Louisville, which plays host to the Kentucky Derby. The “Run for the Roses,” as it’s commonly referred to, plays out every May at the Churchill Downs racetrack. The Kentucky Court of Appeals held center court on Friday after Judges Michael Caperton, Michelle Keller, and Jeff Taylor approved petitions by the Interactive Media Entertainment and Gaming Association (iMEGA) and Interactive Gaming Council (IGC). The two groups sought intervention by the Court of Appeals to act, arguing that the Commonwealth lacked jurisdiction to seize domain names and that allowing the case to play out would result in irreparable harm to the domain names involved.
Jennifer Brislin, Communications Director for the Kentucky Justice and Public Safety Cabinet, told Poker News Daily that she was pleased with Friday’s hearing: “There is illegal activity occurring and that came across crystal clear. It’s now up to the Court of Appeals to determine whether these illegal sites will continue to thumb their noses at the Commonwealth.” In the case, Kentucky Justice and Public Safety Cabinet Secretary J. Michael Brown has been the front man for the State, not its Attorney General. Brislin stated that she expected the higher court to rule as soon as possible in the high-profile rift.
Four attorneys took to the floor during the 50 minute appeals hearing. Online poker was brought up specifically, according to Associated Press writer Brett Barrouquere, who was present at the hearing. Barrouquere stated that the defendants argued that not every domain name in jeopardy belonged to an internet gambling site. That included mentions of online poker rooms involved. In the case, the domain names of Full Tilt Poker, Bodog, PokerStars, Cake Poker, Ultimate Bet, and Absolute Poker (among others) are at risk. The latter three sites have stopped taking Kentucky customers in order to adhere to a ruling by Judge Thomas Wingate at the Circuit Court level. However, if online poker is not “gambling,” then the sites may be exempt from the case.
Barrouquere told Poker News Daily that each party was grilled during the Court of Appeals hearing: “The three judge panel was well-prepared. There were a lot of interesting questions from the judges. Judge Keller focused on why the State didn’t treat illegal gambling the same way as it treated illegal drugs. Why not just go after the gambler as opposed to the website?” The State’s response: “The legislature specifically exempted the player from the legislation,” according to the Associated Press article.
Barrouquere revealed that tough, pointed questions were the theme of the day, with the judges involved having thoroughly reviewed the briefs and the lower court decision prior to taking the floor on Friday. Like iMEGA’s Chairman Joe Brennan and Brislin, Barrouquere expects an expedient resolution to the case. He explains, “They will rule fairly quickly. I don’t expect it to drag out. A lower judge has already agreed to let the suit go forward. If the State is correct and this is illegal gambling, then it’s still going on right now. If the State is incorrect, then it’s in everyone’s best interest for these sites to be able to operate without this cloud hanging over their heads.”
Judge Wingate upheld the Commonwealth’s seizure of the domain names on October 16th. Central to the case’s future are the answers to the several questions. First, does the State have jurisdiction to seize domain names, which are located in cyberspace, by using the “gambling devices” statute? iMEGA attorney Jon Fleischaker told Poker News Daily, “What you have in Kentucky law is that the forfeiture of gambling devices is in the criminal code. Forfeiture comes after a finding of violation of the penal code. You can’t have a violation of the penal code without a criminal statute. What the Commonwealth is trying to do is treat this as a civil proceeding.” The Commonwealth asserted that the URLs were “gambling devices,” similar to any of the objects such as slot machines and roulette wheels that would be found in an underground casino.
In addition, do the actions by Governor Steve Beshear and Brown violate the U.S. Constitution? The Commerce Clause (which states that the Federal Government is charged with regulating commerce with foreign nations) may have been trampled on. In addition, due process and free speech rights may have been overlooked.
We’ll keep you posted on further developments right here on Poker News Daily. (Credit: Poker News Daily)
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Saturday, December 13, 2008
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Friday, December 12, 2008
First CAP Down Under a 'Great Success'
First Ever Online Gaming Affiliate Marketing Trade Show Held in Australia was a Resounding Success, Reports CasinoAffiliatePrograms.com and Media Sources; CAP TV Recap Out Today
Irvine, CA (PRWEB) December 11, 2008 -- CasinoAffiliatePrograms.com (CAP), the leading online marketing resource and community website for Internet casino affiliates, has announced that its first annual CAP Down Under event, held the last week of November in Sydney, Australia, was a resounding success.
180 people -- of which 80 percent were Australian and 66 percent were affiliates -- attended the four-day affiliate marketing conference, according to company representatives. Held at Sydney's premium, five-star Shangri-La hotel during the last week of November, 2008, CAP Down Under was the first Australian-based iGaming affiliate marketing conference ever. It was held partially in response to requests from members of the CAP Forums, a highly trafficked social networking community administered on the main CAP site that boasts almost 8,000 members, an industry-leading figure.
"This was an incredible event; CAP Down Under attracted a ton of participants from all over the world," reported Alex Pratt, an organizer for the conference. "From the opening party sponsored by Rewards Affiliates in the Opera Bar with its stunning views of Sydney Harbour Bridge and the Opera House, to the attendance of Australian Boxer Jeff Fenech, who played heads up poker against the delegates for prizes, there wasn't a dull moment.
"And with a huge variety of experts in the affiliate marketing and search engine marketing fields, there was no shortage of informative discussion, either."
"The team at CAP Down Under/CasinoAffiliatePrograms.com has done awesome," stated Greg Tingle of Media Man Australia and Casino News Media, a participant who also served as moderator and assisted with coordination duties. "It's been a great conference ... some of the stuff that we've seen, slots and poker and search engine news ... it was very impressive, and I'm sure we'll be hearing a lot more about CAP Down Under here in Australia."
The event's exhibitors included Referback, CanBet/IAS, CentreBet, 888.com, Rewards Affiliates and Bluff Magazine. For video coverage of CAP Down Under, view the December 10 edition of CAP TV at http://www.casinoaffiliateprograms.com/captv. Additional footage of the event can also be found at http://www.capdownunder.com.
About CAP Down Under
CAP Down Under is a four-day trade show organized by CasinoAffiliatePrograms.com that gathers the top names in the iGaming affiliate marketing community together in Australia. Like the company's other popular and highly successful conferences in London and Barcelona, CAP Down Under boasts exhibitors from all corners of the globe, with many of the industry's brightest stars among them. For more information on CAP Down Under, please visit http://www.capdownunder.com.
About CasinoAffiliatePrograms.com
Founded in 1999, CasinoAffiliatePrograms.com (CAP) is the largest and longest-running online gaming affiliate resource, featuring an active community forum, chat rooms, marketing tools, industry news/articles, scam alerts, and many more industry-specific tools and services for affiliate marketers. The company offers its signature CAP Certification Process as a means to protect players, affiliates marketers, and the integrity of the online gaming industry as a whole. For more information, please visit http://www.casinoaffiliateprograms.com.
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First Ever Online Gaming Affiliate Marketing Trade Show Held in Australia was a Resounding Success, Reports CasinoAffiliatePrograms.com and Media Sources; CAP TV Recap Out Today
Irvine, CA (PRWEB) December 11, 2008 -- CasinoAffiliatePrograms.com (CAP), the leading online marketing resource and community website for Internet casino affiliates, has announced that its first annual CAP Down Under event, held the last week of November in Sydney, Australia, was a resounding success.
180 people -- of which 80 percent were Australian and 66 percent were affiliates -- attended the four-day affiliate marketing conference, according to company representatives. Held at Sydney's premium, five-star Shangri-La hotel during the last week of November, 2008, CAP Down Under was the first Australian-based iGaming affiliate marketing conference ever. It was held partially in response to requests from members of the CAP Forums, a highly trafficked social networking community administered on the main CAP site that boasts almost 8,000 members, an industry-leading figure.
"This was an incredible event; CAP Down Under attracted a ton of participants from all over the world," reported Alex Pratt, an organizer for the conference. "From the opening party sponsored by Rewards Affiliates in the Opera Bar with its stunning views of Sydney Harbour Bridge and the Opera House, to the attendance of Australian Boxer Jeff Fenech, who played heads up poker against the delegates for prizes, there wasn't a dull moment.
"And with a huge variety of experts in the affiliate marketing and search engine marketing fields, there was no shortage of informative discussion, either."
"The team at CAP Down Under/CasinoAffiliatePrograms.com has done awesome," stated Greg Tingle of Media Man Australia and Casino News Media, a participant who also served as moderator and assisted with coordination duties. "It's been a great conference ... some of the stuff that we've seen, slots and poker and search engine news ... it was very impressive, and I'm sure we'll be hearing a lot more about CAP Down Under here in Australia."
The event's exhibitors included Referback, CanBet/IAS, CentreBet, 888.com, Rewards Affiliates and Bluff Magazine. For video coverage of CAP Down Under, view the December 10 edition of CAP TV at http://www.casinoaffiliateprograms.com/captv. Additional footage of the event can also be found at http://www.capdownunder.com.
About CAP Down Under
CAP Down Under is a four-day trade show organized by CasinoAffiliatePrograms.com that gathers the top names in the iGaming affiliate marketing community together in Australia. Like the company's other popular and highly successful conferences in London and Barcelona, CAP Down Under boasts exhibitors from all corners of the globe, with many of the industry's brightest stars among them. For more information on CAP Down Under, please visit http://www.capdownunder.com.
About CasinoAffiliatePrograms.com
Founded in 1999, CasinoAffiliatePrograms.com (CAP) is the largest and longest-running online gaming affiliate resource, featuring an active community forum, chat rooms, marketing tools, industry news/articles, scam alerts, and many more industry-specific tools and services for affiliate marketers. The company offers its signature CAP Certification Process as a means to protect players, affiliates marketers, and the integrity of the online gaming industry as a whole. For more information, please visit http://www.casinoaffiliateprograms.com.
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Thursday, December 11, 2008
Media Man Australia Inks Deal With PartyPoker.com
Adding to its already strong line up of poker brands such as PKR.com, Virgin Poker and Pacific Poker, Media Man Australia has come to terms with PartyGaming's PartyPoker.com
PartyGaming and PartyPoker.com were not featured at Australia's CAP Down Under, of which Media Man Australia chaired day one, however PartyGaming will be the platinum sponsor of CAP Euro, London 2008.
Media Man Australia and Casino News Media director, Greg Tingle said, "We are absolutely delighted to be now doing business with yet another of the world's leading gaming brands. PartyGaming and PartyPoker.com are right at the top of the online gaming and casino world and we are excited to be doing business with them, already reaping the benefits of the association".
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Adding to its already strong line up of poker brands such as PKR.com, Virgin Poker and Pacific Poker, Media Man Australia has come to terms with PartyGaming's PartyPoker.com
PartyGaming and PartyPoker.com were not featured at Australia's CAP Down Under, of which Media Man Australia chaired day one, however PartyGaming will be the platinum sponsor of CAP Euro, London 2008.
Media Man Australia and Casino News Media director, Greg Tingle said, "We are absolutely delighted to be now doing business with yet another of the world's leading gaming brands. PartyGaming and PartyPoker.com are right at the top of the online gaming and casino world and we are excited to be doing business with them, already reaping the benefits of the association".
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Wednesday, December 10, 2008
Giving Something Back
December 9, 2008 (InfoPowa News) -- Players in the recently completed PokerStars Asia Pacific Poker Tour reconvened for some charity action this week in the APPT Tournament of Champions.
The invitation-only, single-table, ten-player tournament featured winners from the APPT like Martin Rowe, complemented by internationally recognized and respected poker pros, including Vanessa Rousso; 2007 APPT Macau High Rollers champion Eric Assadourian; 2005 WSOP Main Event champion and Team PokerStars Pro Joe Hachem; 2008 APPT Manila champ Van Marcus; Lee Nelson; 2008 APPT Auckland winner Daniel Craker; Grant "Grunter" Levy; 2008 APPT Macau champ Eddy Sabat; and Team PokerStars ace Chad Brown.
The format for the tourney saw the ten champs representing their chosen charities with a AU $50,000 prize pool divvied AU $45,000 to the winner's charity and AU $5,000 for the second placed winner's favorite, with the accent on good gamesmanship and entertaining poker.
The climax of the game saw current APPT Sydney champ Martin Rowe facing respected pro Vanessa Rousso in the heads up, with a 2-to-1 chip lead. But the game -- and the major donation -- went to the fairer sex after an entertaining back-and-forth. Rousso had chosen the No Limit No Profit Initiative, which received the winner's check. Rowe's Save The Children charity nevertheless benefitted by the second-place AU $5,000 award.
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December 9, 2008 (InfoPowa News) -- Players in the recently completed PokerStars Asia Pacific Poker Tour reconvened for some charity action this week in the APPT Tournament of Champions.
The invitation-only, single-table, ten-player tournament featured winners from the APPT like Martin Rowe, complemented by internationally recognized and respected poker pros, including Vanessa Rousso; 2007 APPT Macau High Rollers champion Eric Assadourian; 2005 WSOP Main Event champion and Team PokerStars Pro Joe Hachem; 2008 APPT Manila champ Van Marcus; Lee Nelson; 2008 APPT Auckland winner Daniel Craker; Grant "Grunter" Levy; 2008 APPT Macau champ Eddy Sabat; and Team PokerStars ace Chad Brown.
The format for the tourney saw the ten champs representing their chosen charities with a AU $50,000 prize pool divvied AU $45,000 to the winner's charity and AU $5,000 for the second placed winner's favorite, with the accent on good gamesmanship and entertaining poker.
The climax of the game saw current APPT Sydney champ Martin Rowe facing respected pro Vanessa Rousso in the heads up, with a 2-to-1 chip lead. But the game -- and the major donation -- went to the fairer sex after an entertaining back-and-forth. Rousso had chosen the No Limit No Profit Initiative, which received the winner's check. Rowe's Save The Children charity nevertheless benefitted by the second-place AU $5,000 award.
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Aussie Insurance Man Wins APPT Grand Final
December 8, 2008 (InfoPowa News) -- The Asia Pacific Poker Tour's Grand Final tourney ended in victory for 34-year-old Sydney insurance worker Martin Rowe this weekend, giving his bank account a boost of $1 million Australian (about $643,000 in U.S. bucks) for surviving a 477-player entry list that included WSOP champs Peter Eastgate and Chris Moneymaker, and winning the popular event after a nine-hour final table.
Rowe, who only two months ago started a business building financial models for life insurance companies, said he may now consider life as a professional poker player. "I think I might take a break from work," he said.
The final table, which included seven Aussies in all, assembled Sunday at the Star City Casino in Sydney after a week of poker as the 477 entry field was whittled down to Antonio Fazzolari holding the final table chip lead, Tom Rafferty, Hai Bo Chu, Daniel Kowalski, Frank Saffioti, Jason Gray, Martin Rowe, Timothy English, and Tony Basile.
Fazzolari looked set to dominate the final as he used his big stack to good effect and eliminated several players, but he was overtaken by the steady and disciplined Rowe and eliminated in fourth place, earning AU $182,000.
Rowe went on to eliminate other players until he faced professional player Jason Gray in the heads up with an almost 7-to-1 chip lead. The match might have ended quickly with such a disparity, but Gray delivered a spirited performance of skill and determination, drawing out the heads up to around two hours of gruelling play. It was not enough to stop the tenacious Rowe, however, and Gray was finally eliminated in second place, taking home AU $476,000.
It was Rowe's first major tournament title, for which he collected the AU $1 million top prize, a sponsored seat in the APPT Tournament of Champions and an impressive trophy.
Rowe has come a long way since he started playing in pub poker tourneys three years ago, and said he was both thrilled with the win, but a little bewildered by it.
"It feels great; but it hasn't really sunk in," he said. "I haven't really made any decisions at all about how it's changed my life or what I'm going to do with it."
After building his experience in pub tournaments, Rowe started playing the Star City tournaments six months ago, where he honed his poker skills.
Media Man Australia Profiles
Poker News
December 8, 2008 (InfoPowa News) -- The Asia Pacific Poker Tour's Grand Final tourney ended in victory for 34-year-old Sydney insurance worker Martin Rowe this weekend, giving his bank account a boost of $1 million Australian (about $643,000 in U.S. bucks) for surviving a 477-player entry list that included WSOP champs Peter Eastgate and Chris Moneymaker, and winning the popular event after a nine-hour final table.
Rowe, who only two months ago started a business building financial models for life insurance companies, said he may now consider life as a professional poker player. "I think I might take a break from work," he said.
The final table, which included seven Aussies in all, assembled Sunday at the Star City Casino in Sydney after a week of poker as the 477 entry field was whittled down to Antonio Fazzolari holding the final table chip lead, Tom Rafferty, Hai Bo Chu, Daniel Kowalski, Frank Saffioti, Jason Gray, Martin Rowe, Timothy English, and Tony Basile.
Fazzolari looked set to dominate the final as he used his big stack to good effect and eliminated several players, but he was overtaken by the steady and disciplined Rowe and eliminated in fourth place, earning AU $182,000.
Rowe went on to eliminate other players until he faced professional player Jason Gray in the heads up with an almost 7-to-1 chip lead. The match might have ended quickly with such a disparity, but Gray delivered a spirited performance of skill and determination, drawing out the heads up to around two hours of gruelling play. It was not enough to stop the tenacious Rowe, however, and Gray was finally eliminated in second place, taking home AU $476,000.
It was Rowe's first major tournament title, for which he collected the AU $1 million top prize, a sponsored seat in the APPT Tournament of Champions and an impressive trophy.
Rowe has come a long way since he started playing in pub poker tourneys three years ago, and said he was both thrilled with the win, but a little bewildered by it.
"It feels great; but it hasn't really sunk in," he said. "I haven't really made any decisions at all about how it's changed my life or what I'm going to do with it."
After building his experience in pub tournaments, Rowe started playing the Star City tournaments six months ago, where he honed his poker skills.
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Tuesday, December 09, 2008
Martin Rowe wins $1m Asia Pacific Poker Tour (APPT) grand final in Sydney - The Australian - 8th December 2008
He started out playing in pub tournaments just three years ago, but 34-year-old financial analyst Martin Rowe is now $1 million richer after taking out the Asia Pacific Poker Tour (APPT) grand final in Sydney.
Mr Rowe, from North Sydney, finished king of the tour after a gruelling nine hours of competition on Sunday at Sydney's Star City Casino.
The tournament began on Tuesday with 477 players, but by Sunday only nine players, including seven from Australia, were left with chips on the table.
Mr Rowe said he was "absolutely thrilled and a little bewildered'' to be $1 million richer.
"It feels great; it hasn't sunk in,'' he said.
"I haven't really made any decisions at all about how it's changed my life or what I'm going to do with it.''
Mr Rowe had been playing tournament poker for only three years when he entered a tournament at his local pub.
But he quickly outgrew that and six months ago began playing in tournaments at Sydney's Star City Casino, where he continued to refine his game.
The APPT was his first major tournament, and featured an impressive starting field, including current world champion Peter Eastgate, and former champion Chris Moneymaker.
"Three years ago a pub near me started up a normal league, and I started playing in that because I was interested in the game, and how the odds came together,'' he said.
"I started out hoping not to make a fool of myself, and rapidly improved.''
Mr Rowe, who only two months ago started a business building financial models for life insurance companies, said he may now consider life as a professional poker player.
"I think I might take a break from work,'' he said.
"I haven't made any decisions about where I go from here. I won't be making any decisions until after tomorrow.''
(Credit: The Australian)
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He started out playing in pub tournaments just three years ago, but 34-year-old financial analyst Martin Rowe is now $1 million richer after taking out the Asia Pacific Poker Tour (APPT) grand final in Sydney.
Mr Rowe, from North Sydney, finished king of the tour after a gruelling nine hours of competition on Sunday at Sydney's Star City Casino.
The tournament began on Tuesday with 477 players, but by Sunday only nine players, including seven from Australia, were left with chips on the table.
Mr Rowe said he was "absolutely thrilled and a little bewildered'' to be $1 million richer.
"It feels great; it hasn't sunk in,'' he said.
"I haven't really made any decisions at all about how it's changed my life or what I'm going to do with it.''
Mr Rowe had been playing tournament poker for only three years when he entered a tournament at his local pub.
But he quickly outgrew that and six months ago began playing in tournaments at Sydney's Star City Casino, where he continued to refine his game.
The APPT was his first major tournament, and featured an impressive starting field, including current world champion Peter Eastgate, and former champion Chris Moneymaker.
"Three years ago a pub near me started up a normal league, and I started playing in that because I was interested in the game, and how the odds came together,'' he said.
"I started out hoping not to make a fool of myself, and rapidly improved.''
Mr Rowe, who only two months ago started a business building financial models for life insurance companies, said he may now consider life as a professional poker player.
"I think I might take a break from work,'' he said.
"I haven't made any decisions about where I go from here. I won't be making any decisions until after tomorrow.''
(Credit: The Australian)
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Poker Comp Heats Up At Media Man Australia
The battle for supremacy in the online poker world continues, as Media Man Australia has received numerous high level approaches from some of the world's strongest poker brands and entities. Some of the poker brand and entities in the thick of the action at present include, but are not limited to:
PartyPoker.com
Pacific Poker - 888.com
Virgin Poker
V*Points
PKR Poker
Jeff Fenech
Shane Warne
PokerNews.com
LuckyAceCasino.com
More news and information:
Media Man Australia
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World Series of Poker
The battle for supremacy in the online poker world continues, as Media Man Australia has received numerous high level approaches from some of the world's strongest poker brands and entities. Some of the poker brand and entities in the thick of the action at present include, but are not limited to:
PartyPoker.com
Pacific Poker - 888.com
Virgin Poker
V*Points
PKR Poker
Jeff Fenech
Shane Warne
PokerNews.com
LuckyAceCasino.com
More news and information:
Media Man Australia
Poker News
Casino News
World Series of Poker
Monday, December 08, 2008
Bluegrass Institute on 60 Minutes, Kentucky Case, by Dan Cypra - Poker News Daily - 7th December 2008
Last week, CBS News program “60 Minutes” ran a feature story outlining the cheating scandals that erupted on online poker rooms Ultimate Bet and Absolute Poker. The story claimed on multiple occasions that online poker was “illegal” in the United States. Jim Waters, Director of Policy and Communications for the Bluegrass Institute, sat down with Poker News Daily to discuss the episode.
To Waters, the 60 Minutes story demonstrated that the industry’s participants, in this case the players, were able to govern the industry adequately. Waters told Poker News Daily, “It was interesting that the players themselves saw this problem. This is an example of what happens when government tries to get involved in regulating matters that should be left up to individual liberty and choice.” The United States Congress passed the Unlawful Internet Gambling Enforcement Act (UIGEA) in 2006, which prohibited the transfer of money to “unlawful internet gambling” activities. However, no definition of this term was given. Banks and other financial institutions are ultimately charged with its enforcement.
The Bluegrass Institute is focused on limiting government interference in free market activities and is based in Bowling Green, Kentucky. Waters commented, “Individuals with proper incentive will usually do the right thing if allowed to. When government gets involved, it has to serve special interests and political issues. It may or may not even consider the Constitution. Individuals who have the incentive to do the right thing will do a better job than an outside force would. Who spends your money better than you?”
Waters and company have been focused on the case in Kentucky regarding the seizure and potential forfeiture of 141 internet gambling domain names. On Friday, December 12th, a Court of Appeals in Louisville, the largest city in the state, will hear arguments from the Interactive Media Entertainment and Gaming Association (iMEGA) and Interactive Gaming Council (IGC). The Court of Appeals elected to hear the arguments made by IGC and iMEGA that the Commonwealth did not have jurisdiction to act and that the seizing of domain names violates the Commerce Clause of the United States Constitution.
In Waters’ eyes, there is an important parallel between the 60 Minutes story and the case in Kentucky. He commented, “The parallel is that, while cheating should not be acceptable to any of us in any realm, sometimes the solution to a problem is much more harmful than the problem itself. The solution is much worse when you talk about seizing website domain names and using the courts to determine individual choice.”
Many have questioned why Beshear would want to seize 141 internet gambling domain names in the first place. Arguments have ranged from moral reasons to wanting to protect the state’s horse racing industry and lottery. Waters hypothesized, “There’s a lot of hypocrisy involved. I question the motives of the government and those involved in wanting to seize these sites. I don’t think it’s because they want to protect Kentucky from the evils of gambling. It’s because they want to protect their own economic interests.”
TwinSpires.com is a site that allows online wagering on horse racing. It is owned by the parent company of Kentucky-based Churchill Downs and is not among the 141 internet gambling domain names named in the suit. Moreover, the Kentucky Lottery has an online option for second chance entries of tickets. Judge Thomas Wingate, a Circuit Court judge, upheld the actions by Beshear, claiming that the internet, despite its advances, was not above the law.
Waters summed up his hopes for the proceedings on Friday in Louisville: “Hopefully, the Court of Appeals will uphold, defend, and protect the Constitution. It’s not the Judiciary Branch’s job to make laws or get involved in how these operations run. It’s their job to look at the case in the light of the law and what our rights are.” (Credit: Poker News Daily)
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Last week, CBS News program “60 Minutes” ran a feature story outlining the cheating scandals that erupted on online poker rooms Ultimate Bet and Absolute Poker. The story claimed on multiple occasions that online poker was “illegal” in the United States. Jim Waters, Director of Policy and Communications for the Bluegrass Institute, sat down with Poker News Daily to discuss the episode.
To Waters, the 60 Minutes story demonstrated that the industry’s participants, in this case the players, were able to govern the industry adequately. Waters told Poker News Daily, “It was interesting that the players themselves saw this problem. This is an example of what happens when government tries to get involved in regulating matters that should be left up to individual liberty and choice.” The United States Congress passed the Unlawful Internet Gambling Enforcement Act (UIGEA) in 2006, which prohibited the transfer of money to “unlawful internet gambling” activities. However, no definition of this term was given. Banks and other financial institutions are ultimately charged with its enforcement.
The Bluegrass Institute is focused on limiting government interference in free market activities and is based in Bowling Green, Kentucky. Waters commented, “Individuals with proper incentive will usually do the right thing if allowed to. When government gets involved, it has to serve special interests and political issues. It may or may not even consider the Constitution. Individuals who have the incentive to do the right thing will do a better job than an outside force would. Who spends your money better than you?”
Waters and company have been focused on the case in Kentucky regarding the seizure and potential forfeiture of 141 internet gambling domain names. On Friday, December 12th, a Court of Appeals in Louisville, the largest city in the state, will hear arguments from the Interactive Media Entertainment and Gaming Association (iMEGA) and Interactive Gaming Council (IGC). The Court of Appeals elected to hear the arguments made by IGC and iMEGA that the Commonwealth did not have jurisdiction to act and that the seizing of domain names violates the Commerce Clause of the United States Constitution.
In Waters’ eyes, there is an important parallel between the 60 Minutes story and the case in Kentucky. He commented, “The parallel is that, while cheating should not be acceptable to any of us in any realm, sometimes the solution to a problem is much more harmful than the problem itself. The solution is much worse when you talk about seizing website domain names and using the courts to determine individual choice.”
Many have questioned why Beshear would want to seize 141 internet gambling domain names in the first place. Arguments have ranged from moral reasons to wanting to protect the state’s horse racing industry and lottery. Waters hypothesized, “There’s a lot of hypocrisy involved. I question the motives of the government and those involved in wanting to seize these sites. I don’t think it’s because they want to protect Kentucky from the evils of gambling. It’s because they want to protect their own economic interests.”
TwinSpires.com is a site that allows online wagering on horse racing. It is owned by the parent company of Kentucky-based Churchill Downs and is not among the 141 internet gambling domain names named in the suit. Moreover, the Kentucky Lottery has an online option for second chance entries of tickets. Judge Thomas Wingate, a Circuit Court judge, upheld the actions by Beshear, claiming that the internet, despite its advances, was not above the law.
Waters summed up his hopes for the proceedings on Friday in Louisville: “Hopefully, the Court of Appeals will uphold, defend, and protect the Constitution. It’s not the Judiciary Branch’s job to make laws or get involved in how these operations run. It’s their job to look at the case in the light of the law and what our rights are.” (Credit: Poker News Daily)
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Sunday, December 07, 2008
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