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Online Gambling Lawyer

Volume: 6 Issue: 11
( 2007)


News

Peter Mandelson, EU Trade Commissioner, will highlight the EU's 'expectation' that any US online gambling regulation will allow EU and US-based companies to compete on an equal footing in a letter to Barney Frank, Democratic Chairman of the House Committee on Financial Services in the US. / read more

World Online Gambling Law Report is organising a 'European Legal Update' to analyse the latest key industry developments from around Europe. / read more

The Remote Gambling Association (RGA) expressed concern that a Gambling Commission 'Review of Research, Education and Treatment' could result in an imposed statutory levy to tackle problem gambling, unless the industry convinces the government that the current voluntary levy is adequate. / read more


Features

EU Trade Commissioner Peter Mandelson has given US regulators two options: allow EU-based online gambling operators access to the US market on equal terms to US operators, or provide compensation. / read more

Recent developments in the UK, where gambling legislation has been reformed to bring it in line with the needs of the twenty first century, has heightened awareness for the need for Ireland to follow suit. / read more

In July 2007, payment processor Neteller resolved its potential criminal liabilities for executing financial transactions relating to unlawful internet gambling by fulfilling its obligations under a Deferred Prosecution Agreement (DPA) with the Department of Justice. As Clay Porter, Kevin Fumai and Jason Gray, attorneys at Clifford Chance explain, a DPA is a far more favourable option for businesses than prosecution and trial proceedings, providing the party is able to fulfill its obligations. / read more

Sweden is considering a modification of its laws on online gambling and is subject to infringement proceedings from the European Commission. Bengt Palmgren, general counsel for Swedish state operator AB Svenska Spel, examines the options that the Swedish government is considering, explaining that it has yet to decide on a final course of action. / read more

Linden Lab, which operates Second Life, has blanket banned most forms of gambling, including bets on fantasy sports leagues, a form of betting exempt from US prohibitions on internet gambling. However, Linden's ban does not specifically prohibit betting on 'in-world' sporting events. Candidus Dougherty, adjunct professor at Rutgers School of Law in New Jersey, assesses whether such events could fall under the enforcement provisions of the Unlawful Internet Gambling Enforcement Act, and assesses any possible liability of Linden Lab. / read more

A recent Italian Supreme Court case, concerning the prosecution of an individual for offering gambling services without fulfilling the necessary licensing provisions, has upheld that Italy's regulatory framework was incompatible with EU law and the Placanica ruling. Although the legislation relating to this ruling has been superseded by changes in 2006, which could not be taken into account in the Supreme Court's judgment, Valérie Peano, of Studio di Consulenza Societaria e Tributaria, argues that this judgment marks both a change in Italian case law and further acceptance of EU laws concerning gambling services. / read more

An international code of conduct for the online gambling industry, the iGaming Code, was recently launched by interactive gambling organisations in consultation with GamCare, a charity providing services for problem gamblers. Thibault Verbiest, of Ulys and Fabien Gaucher, of Klein Goddard & Associés, explain how adoption of the Code could prove a powerful tool in proving that online gambling is a socially responsible industry. / 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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