With the passage of the
Unlawful Internet Gambling Enforcement Act, the United States government has made
it extremely clear which side of the argument that they have come down on. Considering that the law is somewhat
ambiguous and unclearly written, it is hard to understand when exactly the
online poker and casino player might be breaking the law. The Unlawful Internet Gambling Enforcement
Act never actually says that playing in online poker rooms and casinos or
competing online is illegal. In fact,
the Unlawful Internet Gambling Enforcement Act never mentions the legality of
playing in online poker rooms and casinos at all. Instead, the Act focuses on the illegal
activities of the online poker room establishment itself. Technically, it is illegal for online poker
room establishments to exist inside the United States, due to the passage
of the Wire Act, a law that prohibits any type of gambling over transmission
lines, such as phone lines and the broadband backbone that powers the
Internet. With this focus on forbidding
the transmission of information for profit involving gambling over phone lines,
online poker rooms and casinos were forced to move out of the United States altogether and open up in areas
such as Antigua, Aruba and Costa
Rica.
Fortunately for the online
poker room and casino player, there is no law that states that the player
cannot enjoy a game of poker on the Internet.
There is no federal law that prohibits playing in online poker rooms and
casinos and participating in the rakeback program as well as other
activities. But promotions at online poker rooms including the
rakeback sharing affiliate program, exist in a gray area that includes the
administration and facilitation of profits through the establishment of a
gaming or gambling focused and oriented website. While it is true that the law can be
interpreted to mean different things, so far the government has not interpreted
the law in such a fashion as to be detrimental to online poker room casino
players.
All
of this discussion might be rendered moot, however, as the government prepares
to levy a 2% tax against online poker room and casino players, a move that
will very likely drive many players out of the United States altogether. Considering the amounts that some of these
professional Texas Hold'em poker tournament players earn on the Internet, it
makes perfect sense to move to an area of the world that permits this type of
play