Analysis of Barney Frank's online gambling bill
After a long wait, the
famous new online gambling bill was finally made public
yesterday.
Initially the bill was
described by Rep. Frank as a way to repeal the anti-online
gambling law which was passed by Congress last year, attached to
the unrelated Port Security Act. And many people were
disappointed to see the titled Internet Gambling Regulation and
Enforcement Act of 2007 would do nothing to repeal the law, but
mostly let the financial system off the hook.
This bill in its current
text would doubtfully be passed by any chamber of the country's
legislative body as it leaves so many questions unanswered. It
also seems to be very poorly written from the industry's point
of view (which was clearly shown by the dive some online
gambling stocks took yesterday afternoon on the London Stock
Exchange).
But what makes this bill
so bad? Read on.
Let's start with the
licensing of the online casinos. Frank, as the Chairman of the
House Financial Services Committee, did a great job in outlining
the financial side of the licensing, but unfortunately put the
entire licensing process in the hands of only one person - the
Director of the Financial Crimes Enforcement Network. When it
comes to land based gambling - you usually see the decision made
by a board or a committee, not by only one person. Not to
mention that according to the bill, the director can make a
decision based solely on his opinion - this form of licensing
has never worked in any other industry, and for the online
gambling, a $13 billion industry in US alone, would not work
either.
And the fact that
licensing will be done by the Financial Crimes Enforcement
Network could be compared to you, applying for a checking
account at the local police office, rather at the bank. There
should be a specialized Internet Gambling Board or Committee
established which would focus solely on the regulation and
enforcement of Internet gambling.
Now here is the worst
part of this bill, the one that actually makes online gambling
illegal automatically, without explicitly saying that:
"(2) LIMITATIONS
IMPOSED BY STATES.— No Internet gambling licensee may engage,
under any license issued under this subchapter, in the business
of conducting any particular types of gambling activities or
other contests in any State which prohibits or limits such
particular types of gambling activities or other contests if the
Governor or other chief executive officer of such State informs
the Director of such prohibition or limitation , in a manner
which clearly identifies the nature and extent of such
prohibition or limitation, before the end of the 90-day period
beginning on the date of the enactment of the Internet Gambling
Regulation and Enforcement Act of 2007, or in accordance with
paragraph (3), until such time as any notice of any amendment or
repeal of such specific prohibition or limitation becomes
effective under paragraph (3)."
What does this mean? It
means that, if a state has a law prohibiting casino gambling at
that state, online casinos cannot operate in that particular
state, even with a license. And in the United States, there are
only 11 states which have private casinos (except Indian tribal
gambling, which is treated separately). So in the other 40
states, where casino gambling is illegal - online casinos cannot
operate. And when those 11 states already have laws or are
working on laws to explicitly prohibit online gambling - there
are no states left where a licensee could operate - thus banning
online gambling on a state level.
Except for the Indian
tribes. According to the Internet gambling bill, Indian casinos
hasve the option to opt-in or opt-out for Internet gambling. This
means that the Indian tribes which already have casinos in 27
states, could run online casinos in their states, as well.
So what did we learn
today from Rep. Barney Frank and his new Internet gambling bill?
We learned that online gambling would be given as an option to
the Indian tribes, but in its essence would still be illegal
operation for anyone else, based on the states' laws.
All Mr. Frank suggests
with this bill is to take the burden off the shoulders of the
financial institutions, cleverly outlaw online gambling on state
level, and let the Indian tribes decide if they want to operate
online gambling websites.
This bill does need a lot
of work. And answers to many questions, such as advertising
boundaries of the online gambling companies and a more clear
process of licensing. But then again, other than the Indian
tribes, who else would apply for an online gambling license when
you cannot use it?
04/27/2007
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