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Friday, June 26, 2009

This old topic was about the Online Gambling Bill which was passed in US back in 2006. Let's look at those old posts by that time. You will still find them quite astonishing from today's point of view!

Post 1:

"The Washington Post is reporting that the House passed a measure that makes it illegal for banks in the US to handle online gambling transactions." There's still no such move in the Senate, but it's a step towards banning online gambling nonetheless. Since this bill isn't expected to affect the usual, legal ways of gambling domestically, one wonders if such legislation would be sought after, were online gambling to be headquartered here in the states, rather than overseas.

Post 2:

1. The bill is a joke. Here is why:
- It makes a clear difference between ONLINE gambling & gambling, without realizing that the first has way more safety nets to deal with the two main problems - underage gambling & gambling addicts.
- It makes a difference between sports gambling, poker & "wagering on horses", which is of course fine.
- It is a protectionist bill, against current WTO decisions that banning an activity is OK ONLY if you apply the same rules to domestic & foreign operators.
- It forbids US citizens an activity under a moral pretext(which fails on the 2 points above) or on the grounds of "money is getting out of the country". If US people feel OK being forbidden doing something because of that, I suggest next time you want to visit another country you hold on it. I'm sure postponing my next US visit for unforeseeable future.

2. This bill will NOT work. Here is why:
- Unfortunately for the US, it has NOT power whatsoever. Bookies will find many new ways of moving the money around.
- The Bill has an exempt on banning transactions to e-wallet companies, ergo, this is a HUUUUGE loophole as you'll still have no problem using your funds trough an intermediate.
- There is no possible way for ISP's to block access to gambling sites, not with the current development of technology.

3. What will happen?
- It will get SLIGHTLY more difficult for the after dinner poker mums to enjoy the game they like, but they'd still be able to do it.
- We'd get AT LEAST on case of a high profile offshore player being sued under the RICO act OR by the IRS(much more likely), however it'll be presented as a victory for the new legislation.

Post 3:

US card networks can block gaming category code

All of the major card networks (VISA, Mastercard, AMEX, etc.) in every region now have a strict policy that online gaming sites require a valid gaming/casino licence from the jurisdiction they are based in, and must specify the gaming merchant category code 7995 in every authorization request. Merchant banks that do not enforce this rule with their gaming merchants risk losing their card membership. No bank wants to loss its VISA or Mastercard membership. Card networks are also banning the use of quasi-cash merchants from being used to hide gaming transactions.

If the US wants to stop its population from using online gaming sites, all that they have to do is dictate that the issuing banks in their country simply decline all authorization attempts which contain the 7995 category code. The US banks can also look at the merchant country codes, so that it can allow US based gaming sites like horse betting (which is legal in American but illegal in many countries) to be authorized, while still declining the overseas gaming sites.

Problem solved, since the vast majority of people using any type of Internet commerce, including online gaming, pay directly or indirectly with their credit cards.

I am sick and tired of politicians in one country expecting to regulate Internet activity of other countries, using broad extra-territorial legislation. This is impossible for online merchants and banks to enforce, especially since many countries have laws that contradict each other. Should we ban online sales of electronics globally, because they are illegal in North Korea? What about alcohol that is illegal in some Islamic countries? What about mediciations, mod chip, etc.? Even non-physical online software and services, including proxy agents, news & political websites, adult entertainment, etc. are banned in many countries.