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Courts will Strike Down the UIGEA?

The Interactive Media Entertainment & Gaming Association (iMEGA) announced just days ago that the company has filed a Notice of Appeal in the Philadelphia courts concerning the ruling in favor of the U.S. government on challenging the U.S. online casinos gambling legislation. The UGIEA is highly controversial all over the world, and this latest appeal has the potential to really weaken the already shaky ground that the UGIEA is standing on right now. iMEGA has a few things on its side with the upcoming appeal to the Philadelphia courts – the fact that the courts have a precedence for protecting free speech and “digital civil rights” – and this will presumably include online casinos gambling from the privacy of ones own home.

iMEGA released a press statement earlier this week that included information on the upcoming appeal and why the company feels that it has a strong case to win a challenge to the U.S. online casinos gambling policy. "One need only look to that Court’s striking down of the Child Online Protection Act (COPA) – another well intentioned but over-reaching Federal law – for an example of how favorable that Court can be to iMEGA’s challenge."

The UIGEA is surrounded by international controversy and even many U.S. politicians are questioning whether the Act is legitimate and enforceable. In this next step in the Appeal process has the Philadelphia Appeals courts have the potential to seriously affect the validity of the online casinos gambling ban – something that even Congress is struggling to come to terms with. And even if the courts once again rule in favor of the U.S. government and thus the UGIEA, it is only the beginning. iMEGA’s statement notes, "While we were disappointed that Judge Cooper dismissed our (original) lawsuit, this case is far from over. We always knew that this would be the first round in a serious fight, as most important legal battles are. Many legal challenges that lost their first round make up many of the rights Americans now take for granted."

Between the upcoming iMEGA case and last week’s Congressional hearing on the proposed online casino gambling regulations, the U.S. is in a transition and testing phase and there are some analysts doubting that the UIGEA will stand up against the intense scrutiny over the long-term.