In what was a shocking move (considering how late within the legislative session the action comes and the dearth of previous interest within the subject), Senator Tom Cotton of Arkansas has filed a bill at the Senate agenda that appears to be taking over the action of either banning online gaming and poker or putting some teeth into the law that may be used against the industry, the Unlawful Internet Gaming Enforcement Act (UIGEA) of 2006.
Cotton’s bill, which was filed on Friday afternoon, is S. 3376 and it's been filed with the Senate Committee at the Judiciary, meaning it's eligible for debate and, if it will occur, voting for its passage. The bill’s title is just a little meandering however it firmly states it's “(A) bill to verify the integrity of laws enacted to forestall using financial instruments for funding or operating online casinos aren't undermined by legal opinions not carrying the force of law issued by Federal Government lawyers.”
Deciphering the legalese, S. 3376 has potentially several different interpretations. One is that it will look to reverse the Christmas 2011 decision by the dept of Justice that the Wire Act only applied to sports betting and no other online activities, akin to casino gaming and poker. That decision, handed down in accordance with the states of Illinois and New York’s inquiries as to the legality of using the web for online lottery sales, opened the doors for intrastate online gaming operations that happened in Nevada, New Jersey and Delaware and people being considered in other states reminiscent of California, Pennsylvania and New York.
Another potential interpretation may well be in that it's trying to expand the Wire Act, reworking it in a way to make it more applicable to today’s fast-paced world. It might even be a bill in order to firmly prohibit using credit/debit cards for gambling transactions, whether or not they are legal (as in a Las Vegas casino) or illegal. Finally, it will probably put some enforcement action into the UIGEA, which was passed without a punishments nor enforcement actions taken.
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