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Online Gambling Lawyer

Volume: 8 Issue: 5
( 2009)


News

Barney Frank, Chairman of the House Financial Services Committee, introduced a Bill on 6 May that aims to establish a federal regulatory and enforcement framework under which online gambling operators could obtain licences which would authorise them to accept bets and wagers from individuals in the US. / read more

Betfair has begun a legal action against the Dutch Ministry of Justice (MoJ) that accuses the Dutch government of breaching both Dutch and European Community (EC) law by instructing banks to block payments to online gambling sites unlicensed by the Dutch government, as such a ban would also prohibit payments made to gambling sites licensed in other EU Member States. / read more

The UK government is considering setting new requirements for overseas based gambling operators who wish to advertise in the UK. The Department of Culture, Media and Sport (DCMS), the Gambling Commission and the Remote Gambling Association will meet in June and will examine 'fair contributions from overseas licensed operators towards the costs of regulation, the treatment of problem gambling and the Horserace Betting Levy', the DCMS announced in a 30 April press release. / read more


Features

Barney Frank's previous attempts to introduce legislation legalising online gambling in the US failed, however now that US States face huge budget deficits and the economic climate has changed, Congress may look more favourably on a Bill that could raise money in times of economic hardship. A PricewaterhouseCoopers study estimated that the US government could raise more than $50 billion over 10 years by taxing and regulating online gambling. / read more

In these straightened economic times, the global online gambling industry is proving to be if not recession-proof, remarkably recession-resilient. It may be down but it is certainly far from out. Late last year, in an editorial comment, I predicted that recession - far from driving governments further down the path of prohibition - might prove to be a liberating event. By permitting and regulating online gambling, tax-strapped treasuries are able to tap in to a potentially massive revenue stream. / read more

The Nyren Report found that Sweden's online gambling laws constitute a 'justifiable restriction' under European Community law. Clive Hawkswood, Chief Executive of the Remote Gambling Association, argues that this analysis fails to take into account case law from the European Court of Justice which states that Member States who promote gambling with state operators cannot then restrict other operators from entering the market, and a Commission failure to address this could have negative implications for the internal market. / read more

An administrative court in Germany recently held that geo-targeting - technology determining the physical location of an IP address ≠ is not sufficiently dependable, granting Bwin protection against a prohibition order granted under the Interstate Treaty on Gambling's online gambling ban. Martin Arendts, Attorney at Law, explains the decision and examines its consequences. / read more

Italian residents are currently not allowed to gamble on internet websites - except on those holding a concession from the state regulator, the AAMS. The Italian Chamber of Deputies is currently examining if a remote gambling decree will extend those concessions to operators licensed by other EEA Member States. Valérie Peano, a Senior Associate with Studio di Consulenza Societaria e Tributaria, examines the requirements and progress of the decree, which has abandoned its requirement for such operators to locate their servers and software in Italy. / read more

The French Budget Minister, Eric Woerth, recently presented a draft Bill on opening the online gambling sector to competition. Thibault Verbiest and Perrine Pelletier, of Ulys, examine the main features outlined in the draft Bill and discuss the requirements placed on operators wishing to apply for a gambling licence. / read more

Delaware has decided to utilise an exemption from a ban preventing US States from authorising sports wagering to launch a sports lottery. Linda J. Shorey, Robert A. Lawton, Anthony R. Holtzman and Ashley J. Camron, of K&L Gates LLP, examine the plans and how they illustrate that States are willing to consider regulating forms of gambling in order to meet State budget shortfalls. / 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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