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Online Gambling Lawyer

Volume: 13 Issue: 12
(December 2014)


News

The California Attorney General (CA) argued in a US District Court on 4 December that the Iipay Nation of Santa Ysabel’s real money bingo website Desert Rose Bingo (DRB) is in breach of the Nation’s tribal compact with California, as it constitutes an activity not authorised by the compact or the federal Indian Gaming Review Act (IGRA). CA, and the US Department of Justice in a separate suit filed on 3 December, also argue that the Nation violates the Unlawful Internet Gambling Enforcement Act (UIGEA) by accepting wagers for gambling prohibited by state law; both suits seek to enjoin the Nation from offering real money online bingo. / read more

The UK High Court on 3 December granted permission for the Gibraltar Betting and Gaming Association (GBGA) to bring its challenge to the new British point of consumption (PoC) tax regime; Mrs Justice McGowan noted that ‘the application raises very significant points of principle and equally important practical issues for the enforcement of revenue collection.’ / read more

An expert committee set up to investigate the Norwegian gambling market has submitted a report to the Minister of Culture, which was published on 8 December, recommending measures and amendments to the current gambling regulation in order to inter alia protect the Norwegian gaming market from illegal offshore operators. / read more


Features

Although a large number of jurisdictions around the world now have legislation in place relating to online gambling, there are still a substantial number of so-called ‘grey’ markets, which lack legislation prohibiting or legalising online gambling. Recently major operators have withdrawn from many such markets; for example, Ladbrokes withdrew from operating in Canada in September, while William Hill has withdrawn from 55 jurisdictions. Warwick Bartlett, Chief Executive of Global Betting and Gaming Consultancy (GBGC), analyses the motivations behind such withdrawals, and how this fits into the current climate for online gambling regulation and policy, particularly following recent changes in the UK. / read more

New Jersey has recently expanded the options available to operators with internet gaming platforms in the state, firstly by inviting the industry to trial social games in New Jersey to find out if they can be converted into real money games, and secondly by updating its regulations across a number of areas. These latter regulatory amendments include measures around for example the use of internet gaming accounts to fund social gaming as well as rules around celebrity players and their employment by online operators. Christopher L. Soriano, Special Counsel at Duane Morris LLP discusses New Jersey’s latest attempts to grow with the rapidly developing online gaming industry. / read more

The proposal to amend Romania’s online gambling legislation, Emergency Ordinance no. 77/2009, is currently pending approval in the Romanian Parliament. Ana-Maria Baciu and Oana Albu of Nestor Nestor Diculescu Kingston Petersen discuss the details of the draft law, which aims to open up Romania’s legal online gambling market after years of paralysis. / read more

The government of Sikkim, a north eastern Indian state, has awarded a licence to an online gaming company, the first ever awarded in India. The world is closely watching this development, as India appears to be a land of opportunity for the online gaming industry. However, a lack of regulatory clarity and a minefield of other legal and social sanctions will keep entrepreneurs at bay, at least for some time. By Darshita Parekh of Khaitan Legal Associates. / read more

Malta’s Lotteries and Gaming Authority issued a consultation paper on 31 October on the adoption of cloud computing solutions by online gambling operators licensed in Malta, with a view to formulating guidelines for operators looking to embrace this new technology. Dr Christopher Dalli of Gonzi and Associates, Advocates, shares his thoughts on the debate as to whether such guidelines are even necessary and takes a closer look at the challenges to adopting the cloud into the legal framework for online gambling. / read more

Following comments from Malaysia’s Attorney General Tan Sri Abdul Gani Patail, who said on 27 October that Malaysia needs a new set of laws to combat illegal online gambling, Sai Fong Wong, a Partner at Shearn Delamore & Co., explains the current legal landscape in Malaysia applicable to gambling and the clarity needed in order to combat online gambling. / read more

In Norway, lotteries and gambling are currently only offered by Norsk Tipping AS and Norsk Rikstoto AS, two state-owned companies. These companies offer a variety of games such as lotteries and scratch cards, as well as betting on horses and football games. Up until now, these companies have been the only companies allowed to offer such games, with the limited exception of some private lotteries that donate their turnover to humanitarian organisations. By Ole Tokvam of Bing Hodneland Law Firm. / read more

Thanks to Canada’s ‘Foreign Operators Principle,’ offshore operators are left to freely target Canadian consumers with online gambling products; meanwhile the Canadian provinces, many of which have launched their own forays into the online gambling world, have struggled somewhat with these offerings. In Quebec, the government has released a report, which inter alia calls for the issuance of licences to private operators, thus considerably altering the status quo. Cory R. Levi of Lazarus Charbonneau discusses the background to online gambling in Canada, the problems facing Canada’s provincial governments in their role as operators, and Quebec’s recent report. / read more


About Online Gambling Lawyer

The monthly publication exploring legal issues affecting operators in online gambling and gaming, on a global basis. Topics covered included licensing, offshore operators, mobile gaming, gambling payments, fixture lists and database rights, online poker, social gaming and gambling, online liquidity, advertising, sports betting, in-play betting, eSports, fantasy sports (DFS), Bitcoin gambling, and gambling fraud, as well as in-depth discussion of legislation such as the Fourth Anti-Money Laundering Directive and the US Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA)... / read more

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