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Feds Admit They Have No Clue How To Enforce Anti-Online Gambling Legislation

from the please-clarify dept

Fri, Apr 4th 2008 7:14am — Mike Masnick

In the fall of 2006, Congress (for reasons that have never been explained) put a clause banning online gambling into a bill supposedly about protecting our ports (so no one would vote against it). Since then there's been an ongoing legal effort to get that part of the law overturned. It's particularly upset financial institutions who are told they need to stop gambling operations from accepting money -- though, they're not quite sure how to do that. To top it all off, even the federal officials who are charged with enforcing this law are now admitting that they have absolutely no clue how to enforce it, noting that the legislation itself is incredibly broad and unclear. In other words, we have a law that almost no one wants and which those in charge of enforcing have no idea how to enforce (or even why they should enforce it). So why did it get passed in the first place? Well, at least our ports are safe.

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Filed Under: enforcement, online gambling

13 Comments

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Ron (profile), 4 Apr 2008 @ 8:32am

Well ..
... I think this quote attributed to Mark Twain covers it:
"Suppose you were an idiot and suppose you were a member of Congress. But I repeat myself"
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KD, 4 Apr 2008 @ 10:40am

Unfortunately, they aren't idiots ...
I'm pretty sure that if they were all idiots, we'd see much, much worse.

What they are is bought. We need to find a way to break the control money has over our governments. I don't know how to do it; it would be great if Lessig has some workable plans, but I'm not hopeful about that.

And Mike, about that quote at the end: "Well, at least our ports are safe." Is there any indication at all that they are any safer than they would have been without the bill?
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sarky, 4 Apr 2008 @ 10:51am

twain was right
they are idiots, and the quote at the end is sarcasm. Like he does NOT really think the ports are safer. Are you a member of congress? Mr. David??
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Ragaboo, 4 Apr 2008 @ 10:56am

Re: Unfortunately, they aren't idiots ...
He meant for that last comment to be dripping with sarcasm.
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Anonymous Coward, 4 Apr 2008 @ 11:00am

Everyone is an idiot.
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Anonymous Coward, 4 Apr 2008 @ 11:45am

Is this really all that uncommon? There all sorts of laws on the books that are unenforceable. They aren't designed to stop a crime but are used to trump up charges against a defendant to coerce them into a plea bargain.
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wickster, 4 Apr 2008 @ 11:55am

Online Gambling
As soon as they figure out how to tax it they will legalize it.
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Tim, 4 Apr 2008 @ 12:09pm

Re: Online Gambling
"As soon as they figure out how to tax it they will legalize it."

DING DING DING

Mr Bush didn't have his hand in the cookie jar so he got upset and tried to do what he could to ban online gambling.
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mike allen, 4 Apr 2008 @ 12:25pm

if
if they cant enforce this how can they enforce anything to do with the net!!!!!!!!
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Wyatt Ditzler, 4 Apr 2008 @ 12:44pm

Easy
That is really easy Mike, they spy on us by intercepting all the Internet packets. Then analyze them under the guise of fighting terrorism and terrorists. :)
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Rex, 4 Apr 2008 @ 4:37pm

follow the money
The Techdirt post did not say WHO got the provision inserted into the bill. Should that not be in the public record?

Once that part is known, then the answer is always: "Follow the money". Some powerful flunky in the legislative branch has a vested interest, either by way of a campaign contribution or by out and out bribery.

Follow the money.
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courtney benson, 4 Apr 2008 @ 6:15pm

dah!!!
Now let me see if I get this straight - does this also include the Financial Community's derivative products?
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alitheia, 5 Apr 2008 @ 9:00pm

The provision was inserted by the Republican Bill Frist. A good overview of his machinations are here: http://www.casinogamblingweb.com/gambling-news/gambling-law/frist_finally_answers_questions_about_in ternet_gambling_bill_26398.html And Mr Frist's justification of the act is here: http://www.casinogamblingweb.com/gambling-news/gambling-law/frist_writes_to_southern_baptists_about_ internet_gambling_11084.html For an overview of how this has all ended up with not only them failing to enforce the legislation but also the price they have to pay in allowing music piracy in Antigua is detailed here: http://www.music2dot0.com/archives/97
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