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UIGEA Clear as Bell

Stephen A. Saltzburg, the George Washington University law professor arguing on behalf of the Interactive Media Entertainment and Gaming Association was not given an easy time by the three judge panel presiding over the 3rd US Circuit Court of Appeals.  One of the key argument that iMEGA intend to use against the Unlawful Internet Gambling Enforcement Act is the fact that the law is to vague to be properly enforced without guessing and speculation. 

According to Saltzburg, the very nature of the Internet makes it very difficult to enforce a United States law on online casinos that are based in foreign countries where gambling is perfectly legal.  The law does not make it illegal for gamblers to visit online casinos it makes it illegal for banks to process transactions from online casinos.  But Saltzburg argues that if the online casino is based in a foreign country then that transaction is taking place in that country.

Judge Kent A. Jordan of the 3rd Circuit Court does not believe there to be anything vague about this portion of the law.  He says it does not matter where these online casinos are based, the law simply forbids the wire transfer of funds related to illegal transactions.  According to Jordan this has nothing to do with the laws of another country.

“It may be difficult to prove where the bet was placed, but that doesn't make the law unconstitutionally vague -- that's a question of proof,” said Judge Dolores K. Sloviter.  She too had a difficult time swallowing the vagueness argument presented by Saltzburg.


 

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