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United States Caught in Catch 22

After the Unlawful Internet Gambling Enforcement Act was instituted in the United States, most online gambling businesses and online casino gamblers were straight up confused about what this new act meant for the industry. And for awhile, it seemed that the government wasn’t even sure about what to do with the Act. At first the government did not stress enforcement of the Act, then months later the FBI is brought in to both investigate businesses and enforce the UIGEA. And this month, a necessary addendum to the Act clarified for gamblers at online casinos just what repercussions they faced if caught gambling on the internet.

Though the original Act passed with overwhelming approval in the Senate, many online casino gamblers are wondering if perhaps the government jumped the gun on instating the Act before the specifications were thoroughly considered. The UIGEA, prohibits businesses and individuals providing online casinos and online gambling to United States residents punishable with a felony conviction.

The amendment to the UIGEA now specifies for American citizens that they are allowed to gamble at online casinos within the privacy of their own home if they are gambling for recreational purposes, and not with the intention of promoting internet gambling.

But what this new amendment means is that online gamers can play the games… but now they have no one to supply the online casinos as they are still unlawful. So this then creates a catch-22 that simply frustrates online casino gamblers. Though they are relieved that online gambling is no longer considered a felony offense, they still have no Web sites they can gamble through.

Specifically, below are the two sections of the Act and the addendum relating to this issue.

UIGEA- “Whoever knowingly transmits or receives gambling information by telephone, telegraph, radio, semaphore, the internet, a telecommunications transmission system, or similar means, or knowingly installs or maintains equipment for the transmission or receipt of gambling information shall be guilty of a class C felony subject to the penalty set forth in RCW 9A.20.021."

Ammendment: "....affirmative defense, which the defendant must prove by a preponderance of the evidence, that the defendant transmitted or received the gambling information over the internet, or that the defendant installed or maintained equipment for the transmission or receipt of gambling information over the internet, in his or her primary residence for recreational purposes. For purposes of this subsection, "recreational purposes" means for the defendant's own enjoyment and not as part of an
enterprise that derives income from operating an internet web site that transmits or receives gambling information."


 

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