With more than a trillion dollars
changing hands around the world on online casinos alone, sooner rather
than later legislation will step in to exercise some form of control in
the casino industry. Those measures to control casinos and gambling during
the early years worked as the casino had a physical location. Today however
casinos have moved online with no real physical location. The question
arises how legal are these online casinos?
Gambling legislation has not changed
much since Congress passed the Wire Act in 1961. The Wire Act states that
"Whoever being engaged in the business of betting or wagering knowingly
uses a wire communication facility for the transmission in interstate or
foreign commerce of bets or wagers or information assisting in the placing
of bets or wagers on any sporting event or contest, or for the transmission
of a wire communication which entitles the recipient to receive money or
credit as a result of bets or wagers, or for information assisting in the
placing of bets or wagers, shall be fined under this title or imprisoned
not more than two years, or both." This however only covered sports
betting and not casinos. There was also no Internet or Internet casinos
during that time.
During 1998 both MasterCard and Visa
sued Cynthia Haines for money she lost while gambling on an online casino.
She had lost more than US$70,000 to an online casino and could not settle
her account with the plaintiffs. She filed a counterclaim well within the
state laws of California which prohibited credit card loans for gambling
be it online casinos or bricks and mortar casinos. That case was settled
out of court. Many states have now enacted their own legislation however
casinos have moved their gambling operations off shore to casino friendly
countries.
Gambling has increased drastically
with the advent of the Internet and online casinos. With huge profits and
vested interest in casinos there are also very strong lobbyists in government
to keep gambling unimpeded. The Internet Gambling Prohibition Act which
was defeated in 2000 shows how much vested interest there is in the casino
and gaming industry. Cyberspace is the last frontier when it comes to laws
governing casinos. Only time will tell how legislation will catch-up with
online casinos and gambling websites.
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