World Online Gambling Law Report
Current Issue
Volume: 11 Issue: 1
(January 2012)
News
German internet service providers (ISPs) do not have to block foreign-based betting and gambling websites, a German court ruled on 13 January. The Administrative Court of Düsseldorf ruled that the German ISP Deutsche Telekom did not have to block its customers from accessing foreign gambling websites, even if they are considered 'illegal' under German law. /
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Internet service providers (ISPs) in France will be compensated for blocking access to unlicensed gambling websites by the Autorité de Régulation Des Jeux en Ligne (ARJEL), France's regulatory body for e-gambling stated in a decree issued on 30 December 2011. /
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The US Department of Justice concluded, on 23 December, that the 1961 Wire Act is 'not to be implicated by online wagering on activities other than sports'. The DoJ made public the Opinion of the Office of Legal Counsel (OLC), who concluded that the Wire Act should only be applied to sports betting activities. Before 23 December, the DoJ applied the Wire Act to all forms of online interstate gambling, but Assistant Attorney General Virginia Seitz said that "interstate transmissions of wire communications that do not relate to a 'sporting event or contest' fall outside the reach of the Wire Act". /
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Features
On 5 January, Deloitte published a study that claimed that the number of people who bet on unregulated websites will increase if the UK Government goes ahead with its planned regulation of offshore operators. /
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EU
Netherlands
EU
Australia
Belarus
Spain
UK /
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The close of 2011 saw the European Parliament (EP) change its attitude towards gambling regulation. The EP voted on 15 November in favour of the Creutzmann Report, which called for a European Directive providing minimum standards to regulate online gambling services across Europe. David Clifton, a Partner at Joelson Wilson LLP, evaluates the responses to the Creutzmann Report and the European Commission's Green Paper, and examines what the future holds for online gambling services in 2012. /
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The inherent inconsistency that spurred Australia's review of the Interactive Gambling Act 2001 does not seem to have abated. Mixed messages and uncertainty as to whether online gambling should be further liberalised continue to blight gambling legislation in Australia. Jamie Nettleton and Michael Camilleri, of Addisons Lawyers in Sydney, examine the twists and turns of the recent review. /
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Legislative efforts in the United States regarding online gaming changed on 23 December 2011, as the US Department of Justice concluded that the Wire Act is not to be implicated by online wagering on activities other than sports. Linda J. Shorey and Anthony R. Holtzman, of K&L Gates LLP, evaluate the current situation and examine the possibility of an internet gambling bill in light of the forthcoming presidential election pressures this year. /
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Advocate General Mengozzi issued on 15 December 2011 his Opinion in the Football Dataco case. The case deals with the protection of football databases, with the aim of obtaining payment from publishing entities that make use of their football fixtures lists. Martin Lycka, Legal Counsel at Betfair, examines the grey areas of the case, where simple facts and unique creation depart. /
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As Jonathan Cohn wrote for The New Republic in 'Why I'll Miss Barney Frank', there are two types of legislators - those who make headlines and those who make laws. Cong. Frank 'managed to do both things and do them well.' Frank has announced his retirement from Congress in January 2013. /
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The German state of Schleswig-Holstein passed a new gambling law in September 2011, despite the attempt of 15 other German federal states to agree on a new Interstate Treaty on Gambling. On 1 January 2012, the State's new gambling law entered into force. Dr Joerg Hofmann and Matthias Spitz, of Melchers, analyse the conditions of the Schleswig-Holstein Act, evaluate the licensing regulations and examine what these new rules will mean for potential applicants. /
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Editor's Insight
Welcome to the brand new website of World Online Gambling Law Report! Please take a look around and explore our news section, the latest issue, meet the publication's editorial board, the editorial team in London and do not hesitate to take a free trial or to log in if you are an existing subscriber.
Through our new website we hope to keep you up to date with the latest news and give you proper analyses of the latest trends and developments in the online gambling and gaming industry. Since legislation is constantly changing and new developments take place all the time, we know how hard it is to keep up to date.
Take a look at last month, it certainly has been an eventful November: Irish operator PaddyPower is targeting the US as Nevada approves mobile gaming, South Africa's Trade Minister, Rob Davies, seemed to raise more questions than answers during a speech at an international gaming conference in his country and EU Advocate General Cruz Villalon said in his Opinion on the 'Stanleybet case' that a licensing regime that restricts cross-border gambling in the EU without a non-discriminatory, suitable and proportionate justification contravenes EU Law.
Through our new site we hope to interact with more of you and to provide you more information than ever before. Are you looking for an article, opinion, feature or other industry related information, you should be able to find it here. And if not, do not hesitate to get in touch.
Michiel Willems
Associate Editor