ON-LINE POKER, IS IT LEGAL

I am not an expert on this by any means, but since I plan to begin my foray into on-line poker very soon, it’s high-time I researched the topic before I risk my bank account and my freedom. So let me share some disturbing information, some thoughts and some (what I think are) reasonable solutions. The thing that caught my eye was this article where 3.2 million dollars has been seized by the feds.

First, the answer to the title question right now is a capital NO! It’s not legal under federal law, meaning it’s illegal in every state despite that state’s laws (e.g. poker is legal in California and Nevada). Now, the question becomes why not? And an ancillary to the predicate is what can we do to make it legal? Before I go about trying to answer these questions some facts.

1. Almost every poker blogger plays on-line poker.

2. Quite a few people can and do make a living at on-line poker, especially during the economic downturn.

3. On-line poker sites have millions upon millions of registered accounts and each account is a voice.

A primer of Criminal Law as it relates to on-line poker:
Crimes in the United States fall into two categories, malum per se and malum prohibitum. Simply put, the former means malicious by definition (rape, theft, murder) and the latter means malicious by consensus whereby society agrees to prohibit the behavior (marijuana, prostitution, on-line poker). So on-line poker is prohibited and much like the failed attempt to outlaw alcohol at the beginning of the 20th Century, the attempt to outlaw on-line poker can meet the same fate.

The history of the law, the people and the deep pockets behind it:

The law against on-line poker is an amendment to the Wire Act created to curb organized crime, and a ton information is here . The most important points are that this law enables federal agencies to go after end-uses and fine or imprison them. Grandma might end up in the slammer for 6 months because she was playing micro limits online! This little beauty of an act comes from the distinguished Senator John Kyl (AZ) and Representative Bob Goodlatte (VA) and the Deep Pockets behind them. The FBI can go after people any time they please and with the broad powers granted by the PATROIT Act can do so with impunity. Interesting to note, there is serious money behind making on-line poker illegal, as Goodlatte so kindly pointed out. He is supported by organizations across the spectrum, from Ralph Reed to Ralph Nader, and from the National Coalition Against Legalized Gambling to the American Gaming Association, the National Association of Attorneys General and even the National Football League. Heaven forbid the on-line poker sites get the money before you buy your $100 NFL football tickets or spend it in a good old-fashioned brick and morter casino.

Arguments can and will be made to keep on-line poker illegal and the count-arguments we can respond with:

1. On-line poker is gambling and gambling is illegal.
Response: Wrong! Poker is a game of skill (or people could not make a living at it). Several states already recognize poker as a game of skill (the IRS allows poker pros to register as such), including the aforementioned California.
2. On-line poker aids in felonious activity, such as terrorism and money laundering.
Response: This is a pickle, because I am sure there is some truth to this, so the response is lengthy.

First, the percentage of money laundered through on-line poker sites will be miniscule. Second, there are many, many better methods for money laundering; Internet poker is a very minor source of laundering. Therefore, based on these two statements, the reasoned response to this argument is as follows. The benefits of on-line poker to the individual greatly outweigh the perceived negative impact. On-Line poker could be a vehicle for an illegal activity; but, so can a car, a gun or an auction on eBay. We don’t outlaw these things because they might be used as part of a crime; instead, we punish the criminal for the crime. Don’t punish the internet poker player for the misdeeds of a few, punish the criminal for the misdeeds committed! I don’t see the government outlawing eBay auctions because there is rampant auction fraud, or outlawing cars because people use them in bank robberies. Don’t outlaw internet poker because it could be used as part of a money laundering operation.
3. On-line poker contributes to the moral degradation of the middle and lower class, especially for the addict.
Response: Don’t legislate morality! Society can decide if it’s moral without the input of our well bribed representatives. As for the problem gambler, on-line poker is a small hole they can slake their thirst from, plugging it will not stop these people from moving on to the next hole: Indian Casinos, Home Games, Las Vegas, Bingo etc.

I am sure there will be other arguments made, but these strike me as the primaries.

A forecast for the future

If we continue down the current path, online-poker will not only remain illegal but disregard for this law will be enforced. If the money-laundering/terrorist argument outlined above is not met head-on by the on-line poker community as an organized whole, then the on-line poker player could end up facing the same persecution as cannabis smokers currently face. This is exactly how it can happen. First, under the PATROIT act anything or anyone even quasi-sorta-almost related to terrorism can be held without representation until the war on terrorism is won. The enforcement community can by-pass the legal system to tap/bug/spy on any suspected citizen. Now, our computers with their internet connections are the boxes George Orwell predicted in “1984”. They allow Uncle Sam to monitor every Internet user; everywhere we go and what we do when we get there. Existing systems such as Echelon and Carnivore ensure this. Because there is already a precedent of large, powerful private corporations using the legal system to make anything perceived as harming their business model a criminal offense (RIAA). I fully expect the same knee-jerk reaction to on-line poker once some pointed-haired VP with more dollars then sense suggests on-line poker is hurting their profits.

Changing the forecast:
For the Individual: Contact your representative; tell them your vote and the votes of all your friends will go for a candidate that supports repealing the current laws against internet poker. Spread the word! E-mail, use message boards and chat (such as on the poker sites themselves). In mass this can work wonders.
For the On-Line Casinos: Bribe Contribute large sums to the campaigns of our esteemed and honorable Representatives and Senators. If the RIAA can buy a criminal offense for the civil crime of copyright infringement then the billions behind on-line casinos can buy legality for on-line poker sites. Begin now before it becomes too hot of an issue. Make your operations transparent and cooperate with Interpol and other law enforcement agencies when there is suspicion of money laundering, especially monies to fund terrorism. Consider establishing a governing body to oversee all Internet gaming operations. If you provide the goverment a handy mouse trap to catch the criminals they will view Internet poker as an asset to prevent crime rather then a vehicle to commit it.