Inside Asian Gaming

inside asian gaming MAY 2015 56 Gambling and the law the bet is accepted. The Act also requires compliance with the laws where the gambler makes the wager. Every state has restrictions on commercial gambling, and sets minimum ages for legal games. There are complex legal questions whether these often archaic state statutes apply to an Internet operator who is outside the state. And challenges have been filed that laws against gambling do not even apply to poker, which is arguably a contest of skill. But state-licensed online poker rooms and casinos are going to be very careful before they accept wagers from someone outside their state’s borders. Changes in the law trail changes in society. So, not only do we have anti-gambling laws that predate the invention of the Internet, we even have some that predate the telephone. And hidden among these ancient statutes are legal landmines. No US operator would intentionally register someone who is from a state where Internet gaming is illegal. There are no reported cases involving anti-gambling laws where someone in the state or country bets with a licensed foreign operator after that operator took steps to avoid taking bets from that state or country. And many anti-gambling laws require a specific intent, like that the operator “knowingly” accepted the bets. But the laws meant to protect children from what society regards as morally suspect industries often do not require a specific intent. In fact, they can be strict liability. The best known of these involve serving alcoholic beverages to a minor. Even if a bartender does everything reasonably possible to verify the patron’s age, the bar owner could end up paying a fine. InNevada, a licensed casino can raise the defense that it reasonably thought the minor was of legal age. But, in New Jersey a court upheld a fine imposed on an Atlantic City casino for allowing two minors in the gambling area, even though the casino was not at fault. Internet gaming operators have to be extra-careful about protecting minors and compulsive gamblers from themselves, preventing hacking, and making sure that no one can make a bet from a state or nation where online betting is illegal. There are states which impose strict liability, meaning an operator is sometimes The laws meant to protect children from what society regards as morally suspect industries often do not require a specific intent. In fact, they can be strict liability. guilty of violating local anti-gambling laws, even if they have done everything superhumanly possible to prevent someone from that locale from making a bet. Are the online operators doing enough? There have been complaints, both from players in Nevada who could not sign up with Ultimate Poker’s Nevada-licensed Internet poker room, and from critics who say the geo-location safeguards are inadequate. But there have been even more complaints from players who would like to bet legally with Nevada’s licensed online operators, but either can’t register or get their payments accepted. The standards will undoubtedly be fixed over time. But, in the real world, as long as an operator is doing everything possible to keep out minors and bettors from places where online gambling is forbidden, the most they face is a fairly small fine. An operator is sometimes guilty of violating local anti-gambling laws, even if they have done everything superhumanly possible to prevent someone from that locale from making a bet.