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Unlawful Internet Gambling Enformement Act - SPA

Posted By: Daniel Murphy
Date: Thursday, 12 July 2007, at 7:34 p.m.

In Response To: Unlawful Internet Gambling Enformement Act - SPA (Chuck Bower)

Chuck wrote: ... that the 'games' they were trying to throw out (poker, internet casino games, and sports betting) were in fact susceptible to the law.

The Safe Port Act did not itself make playing poker or any other game for money over the Internet illegal.

SPA Title VIII, Subchapter IV, Sec. 5361, subsec. b: "Rule of Construction- No provision of this subchapter shall be construed as altering, limiting, or extending any Federal or State law or Tribal-State compact prohibiting, permitting, or regulating gambling within the United States."

SPA Title VIII, Subchapter IV, Sec. 5362, paragraph (10) (A): "IN GENERAL- The term `unlawful Internet gambling' means to place, receive, or otherwise knowingly transmit a bet or wager by any means which involves the use, at least in part, of the Internet where such bet or wager is unlawful under any applicable Federal or State law in the State or Tribal lands in which the bet or wager is initiated, received, or otherwise made."

SPA Section 5363 prohibits the "knowing acceptance" of financial instruments by "person[s] engaged in the business of betting or wagering" ... in connection with the participation of another person in unlawful Internet gambling" ....

So, the law targets (a) persons engaged in the business of betting or wagering who are (b) accepting financial instruments from or on behalf of others who are engaged in unlawful Internet gambling."

As to what constitutes unlawful Internet gambling, that depends on other federal and state law outside the scope of the Safe Port Act.

Here's a working link to the Safe Port Act Safe Port Act At the U.S. Government Printing Office's website.

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