The offensive against Internet gambling being mounted by the Mrs Grundy's of
the US Justice Department and those in Congress is scoring some successes; but
the enemy is fighting back, and an armed stand-off now seems the likely outcome
pending any direction that may be given by the Supreme Court.
The Justice Department has shamed a number of credit-card operators into withdrawing
facilities, and Pay-Pal, relied upon by many on-line gambling operations to
process payment transactions, has been forced to exit the business; but on the
other hand comprehensive anti-Internet gambling measures have repeatedly failed
to pass the Senate, and the limitations of the Wire Act, which forbids the use
of 'wire communication' across state or national borders to make wagers are
becoming increasingly apparent.
The Wire Act is generally held to apply to contested events, obviously including
sporting contests, but not to casino games, where the player is simply contesting
mathematical odds. Lawyers point out that the Justice Department has never attacked
a pure gaming operation, suggesting that it is well aware of the Act's limitations.
In support of this construction of the Wire Act, a federal district court judge
in Louisiana has just ordered a group of gamblers to pay contested online-casino
gambling debts charged to their credit cards because the Act only prohibits
wagering on sports.
In Nevada, despite an advisory from the Justice Department, the legislature
has been given authority by a ballot proposition to issue gaming licenses, partly
in response to competition from offshore jurisdictions which are profiting from
the on-line operations of a number of Nevada gaming operators. But it may not
be easy for Nevada to compete against 'offshore'.
"The one thing we can offer that Nevada casinos can't is discretion,"
said one anonymous offshore-casino executive to wired.com's news service. "We
already have many American customers who chose to leave sums of money on deposit
with us rather than make credit card transactions. And we have many others who
have us deposit winnings directly into offshore bank accounts rather than remit
to them in the United States."