The United States House of Representatives is this week set to debate proposals
that would restrict access to online gambling sites for American punters - a
move which would have major implications for the offshore jurisdictions where
many online gaming firms are domiciled.
The bill, sponsored by Rep. James Leach, an Iowa Republican, would make it
unlawful for credit-card companies to collect payments for transactions with
online-gaming sites.
Leach's bill will be blended into existing proposals drafted by Rep. Bob Goodlatte,
a fellow Republican and a long-standing opponent of online gambling.
It is thought the proposals have widespread support among conservative and
Christian groups, who are worried about how online gambling services could be
easily accessed by children. However, the proposals are not likely to make it
onto the statute book in this Congress, given that they would have to pass the House,
go to the Senate and then be reconciled before mid-term elections this fall.
However, an eventual strengthening of the Wire Act is likely to occur as a result.
According to Goodlatte and Leach, the global online gaming industry is worth
about $12 billion annually, and the United States market accounts for about
half of this. A US ban on the industry would therefore have a major effect on
the global industry. PartyGaming, which launched on the London Stock Exchange
amid much fanfare last year and is one of the major global players, is said
to derive about 90% of its revenues from American punters.
Jurisdictions which have established themselves as favorable environments for
online gaming firms to base their operations would also feel the effects of
a US ban. The tiny Caribbean jurisdiction of Antigua & Barbuda, which is
locked in an unequal struggle with the US over the jurisdiction's gambling industry,
is reckoned to account for as much as 25% of total global turnover in the industry.
Gibraltar, where PartyGaming is domiciled, and the Isle of Man are also establishing
themselves as prominent e-gaming jurisdictions.
Goodlatte's bill, which was approved by the House Judiciary Committee last
month, would update the 1961 Wire Act by adding an “enforcement mechanism”
to address the situation in which a gambling business is located offshore but uses bank accounts in the United States.
In Goodlatte's words:
"Offshore online gambling websites are cash cows and the greed that propels
these companies leads them to solicit bettors in the United States despite the
fact that the Department of Justice already believes this activity is illegal."
"These offshore, fly-by-night Internet gambling operators are unlicensed,
untaxed and unregulated and are sucking billions of dollars out of the United
States."
Goodlatte’s bill also provides an additional tool to fight illegal gambling
by allowing federal, state, local and tribal law enforcement to seek injunctions
against any party to prevent and restrain violations of the Act. For example,
law enforcement could use such injunctions to get assistance from ISPs to remove
or disable access to hypertext links to online gambling sites that violate the
Act.
The bill increases the maximum prison term for a violation of the law from
2 years to 5 years.