{"id":3701,"date":"2006-10-03T01:27:49","date_gmt":"2006-10-03T05:27:49","guid":{"rendered":"http:\/\/blogs.law.harvard.edu\/cmusings\/2006\/10\/03\/congress-sneaks-through-online-gambl"},"modified":"2006-10-03T01:27:49","modified_gmt":"2006-10-03T05:27:49","slug":"congress-sneaks-through-online-gambling-restrictions","status":"publish","type":"post","link":"https:\/\/archive.blogs.harvard.edu\/cmusings\/2006\/10\/03\/congress-sneaks-through-online-gambling-restrictions\/","title":{"rendered":"Congress Sneaks Through Online Gambling Restrictions"},"content":{"rendered":"<p><a name='a2603'><\/a><\/p>\n<p>Last week, Congress <a href=\"http:\/\/www.eff.org\/deeplinks\/archives\/004929.php\">dead-locked <\/a>on many dangerous surveillance, IP, and other cyberlaw-related bills. But they did manage <a href=\"http:\/\/www.rules.house.gov\/109_2nd\/text\/hr4954cr\/hr49543_portscr.pdf\">to sneak a new online gambling ban<\/a> [PDF] into the port security bill &#8212; it&#8217;s an embarrassing, disappointing instance of our country throwing its weight around online, crippling a burgeoning industry and taking away a favorite hobby of <a href=\"http:\/\/www.sfgate.com\/cgi-bin\/article.cgi?f=\/c\/a\/2006\/08\/27\/POKER.TMP\">millions<\/a> of ordinary Americans.<\/p>\n<p>For those who needed a wake-up call that the Internet is indeed regulable, this ought to do it.&nbsp; Sure, some people will be able to <a href=\"http:\/\/forumserver.twoplustwo.com\/showthreaded.php?Cat=0&amp;Number=7484084&amp;page=\">work around<\/a> the regs, but many won&#8217;t, particularly in <a href=\"http:\/\/www.techliberation.com\/archives\/040789.php\">the near term<\/a>. Three days after the bill passed, <a href=\"http:\/\/www.forbes.com\/business\/2006\/10\/02\/internet-gambling-offshore-tech-ebiz-cx_po_1002gambling.html\">the stock prices of major online gaming companies crashed<\/a>, and major companies like Party Gaming and 888 vowed to ban all US customers.<\/p>\n<p>The online gaming business is still rather young, yet it was already roughly as big as the US record industry &#8212; around 12 billion dollars in yearly revenue. While the gaming industry was cut off at the knees, online payment companies like Neteller also <a href=\"http:\/\/www.latimes.com\/business\/la-fi-gambling3oct03,0,3636746.story?coll=la-story-footer\">took a nose dive<\/a>.<\/p>\n<p>The bill doesn&#8217;t impact all gambling &#8212; it exempts fantasy sports, lotteries, horse racing, and purely intrastate gambling. Domestic gaming companies were either <a href=\"http:\/\/www.latimes.com\/business\/la-fi-gambling3oct03,0,3636746.story?coll=la-story-footer\">indifferent<\/a> to the bill or happy to be rid of foreign competitors. The US has <a href=\"http:\/\/scrawford.blogware.com\/blog\/_archives\/2006\/10\/2\/2381690.html\">ignored <\/a>WTO rulings against this protectionism before, and it could very well do so again.<\/p>\n<p>But forget about the companies &#8212; what about the ordinary people that Congress is ostensibly trying to &#8220;save?&#8221; What evidence is there that <a href=\"http:\/\/scrawford.blogware.com\/blog\/_archives\/2006\/10\/2\/2381690.html\">&#8220;we&#8217;re addicted to online poker as a people?&#8221;<\/a> Addiction implies disease.<\/p>\n<p>Let me make my bias here clear: I play online poker for about 5 hours a month and head to Vegas with friends to play about twice a year. I make a tiny &#8212; but, for me, quite significant &#8212; amount of spending money that way. And I have a ton of fun doing it. <a href=\"http:\/\/blogs.law.harvard.edu\/dtr\">My poker blog<\/a> is now defunct, but it should give you a sense of how much and why I love this hobby.<\/p>\n<p><a href=\"http:\/\/blogs.law.harvard.edu\/dtr\/stories\/storyReader$8\">Sample my blogroll,<\/a> and you&#8217;ll find many others like me. Some <a href=\"http:\/\/guinnessandpoker.blogspot.com\">have<\/a> even made their whole income from playing poker &#8212; it&#8217;s their livelihoods.<\/p>\n<p>Like the many people who flock to local cardrooms, Vegas, and Atlantic City every year, most online players don&#8217;t win money, but they do have a lot of fun. The Internet brought to the fore ordinary Americans&#8217; desire to play poker &#8212; it&#8217;s no coincidence that poker on TV has grown in parallel, and, at least in California, local cardrooms are sprouting up.<\/p>\n<p>And, yes, some people do get addicted. My point is not to marshall a complete argument against this paternalist policy-making in general or this policy in particular, as distasteful as I find both to be. <span style=\"font-weight: bold;\">Rather, I want to highlight that there are millions of ordinary Americans just like me <\/span><a href=\"http:\/\/www.pokerplayersalliance.org\/\">who didn&#8217;t ask for this ban<\/a><span style=\"font-weight: bold;\">, oppose it, and will be harmed by it<\/span>. The industry <a href=\"http:\/\/techdirt.com\/articles\/20061002\/124356.shtml\">invited<\/a> <a href=\"http:\/\/www.pokerplayersalliance.org\/alerts\/Port_Security.pdf\">regulation and taxation<\/a>, and yet poker players are now facing an outright ban. <\/p>\n<p>Congress completely sold us out &#8212; if you care about this issue, head over to the <a href=\"http:\/\/www.pokerplayersalliance.org\/\">Poker Players Alliance site<\/a>.<\/p>\n<p>[Note: as usual, this blog represents my views, and not those of my employers past or present.]<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Last week, Congress dead-locked on many dangerous surveillance, IP, and other cyberlaw-related bills. But they did manage to sneak a new online gambling ban [PDF] into the port security bill &#8212; it&#8217;s an embarrassing, disappointing instance of our country throwing its weight around online, crippling a burgeoning industry and taking away a favorite hobby of [&hellip;]<\/p>\n","protected":false},"author":72,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[84],"tags":[],"class_list":["post-3701","post","type-post","status-publish","format-standard","hentry","category-general-news"],"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/archive.blogs.harvard.edu\/cmusings\/wp-json\/wp\/v2\/posts\/3701","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/archive.blogs.harvard.edu\/cmusings\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/archive.blogs.harvard.edu\/cmusings\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/cmusings\/wp-json\/wp\/v2\/users\/72"}],"replies":[{"embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/cmusings\/wp-json\/wp\/v2\/comments?post=3701"}],"version-history":[{"count":0,"href":"https:\/\/archive.blogs.harvard.edu\/cmusings\/wp-json\/wp\/v2\/posts\/3701\/revisions"}],"wp:attachment":[{"href":"https:\/\/archive.blogs.harvard.edu\/cmusings\/wp-json\/wp\/v2\/media?parent=3701"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/cmusings\/wp-json\/wp\/v2\/categories?post=3701"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/cmusings\/wp-json\/wp\/v2\/tags?post=3701"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}