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Raising on Aces and Eights: The GOP’s Bad Bet Against Online Poker


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Raising on Aces and Eights: The GOP’s Bad Bet Against Online Poker

by Rich Muny

The GOP has historically been the party of limited government and personal responsibility.  President Ronald Reagan said it best in his frequent citations of Thomas Paine’s famous axiom – “the government governs best that governs least.” Unfortunately, the party moved away from the limited government conservatism of Barry Goldwater and Ronald Reagan during the George W.  Bush Administration.  In fact, the 2008 Republican Party Platform regrettably went so far as to advocate a federal prohibition of online poker.

Online-Poker-Large-Cards-Computer

 

Poker is not a crime, nor should it be.  Millions of Americans – including the president and many in Congress – play the game at their kitchen tables, on the Internet, and at their local card rooms.  It is a great American pastime.  During that failed era of big government “conservatism”, however, some big government social conservative groups like Focus on the Family wished to use the power of the federal government to stop Americans from playing online poker in their own homes.......

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Tell Rep. Jason Chaffetz Not to Oppose Online Poker

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by RICH MUNY

On October 28th, the Deseret (Utah) News published a story on Rep. Jason Chaffetz's (R-UT) desire to lead an effort for a big government federal prohibition on online poker.  Rep. Chaffetz states concerns that licensing and regulating online poker will somehow lead to land-based casinos in Utah, but there is no basis for this belief.

Legislation currently in Congress to license and regulate online poker explicitly protects the rights of states.  These bills allow states to opt-out entirely, and they clearly state that nothing in the bills expands Indian gaming.  Rather, requiring licensing of these companies provides a mechanism for enforcement of relevant state and federal law. If Rep. Chaffetz reviewed it further, perhaps he would see the benefits as well.

Let's all tell Rep. Chaffetz that we want Internet freedom.  It takes just a moment of your time.

Contact info for Rep. Jason Chaffetz:
1032 Longworth HOB
Washington, D.C. 20515
Phone: (202) 225-7751
Fax: (202) 225-5629
Twitter: http://twitter.com/jasoninthehouse

Easiest action plan ever:

This alert may be republished, reposted, or emailed providing that the column is copied intact and that full credit is given to the author.
 
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Gambling Away the Republican Future?


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Gambling Away the Republican Future?


by RICH MUNY

There have recently been positive developments in the Republican Party’s fortunes.  Polls show increased support for conservatism and the GOP, conservatives are actively protesting for their beliefs, and Congress is starting to take note.  Republicans have a real chance in 2010 — if they can form a cohesive conservative coalition.

The Republican Party was once the party of limited government and personal responsibility. Unfortunately, the GOP has been pushing libertarian-minded conservatives from the party for some time.  2008 was the worst year ever for the traditional GOP coalition.  The party establishment was openly hostile to Rep. Ron Paul’s (R-TX) presidential run and the big government social conservative wing of the party even called for a plank in the party platform advocating federal internet censorship to stop adults from playing online poker.  In essence, the party told poker players, internet freedom supporters, and limited government conservatives that they are no longer welcome in the GOP......

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TAKE ACTION: Send the all new (as of 9/30) PPA letter to Obama. Tell him to end the DoJ's attacks on poker!

The all new Poker Players Alliance letter to President Obama is up on the PPA website. It focuses on the actions of Obama's DoJ against online poker players and demands that these actions stop. It takes just 60 seconds to send, so please send it now and please have your friends and family sent letters as well.


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Dear President Obama;

As a voter and a poker player, I am writing to ask you to oppose seizures of poker players' funds by the Justice Department. I do not believe any federal law restricts my right to play poker online, and I believe poker players are being unfairly and improperly targeted in these actions.

For many years, the Justice Department has attempted to enforce its very broad interpretation of the Wire Act (18 USC 1084), a bill first passed in 1948 and revised in 1961. The Wire Act was passed to control the transmission of sports bets and sports betting information via telephone, not to stop Americans from playing online poker. This was affirmed in the U.S. Fifth Circuit Court's landmark 2002 ruling affirming that the Wire Act pertains only to sports betting [see re In MasterCard]. Unfortunately, despite this federal court ruling the Justice Department continues to stand by its own interpretation of the Wire Act.

This issue is not lost on the American public. We made our desire for this liberty known through your Citizen's Briefing Book website. Of the thousands of proposals submitted, support for Internet poker rights was the top technology issue. We have also made our desires known via an online petition addressed to you at www.pokerpetition.com that now has over 375,000 signatures.

This issue is not lost on Capitol Hill, either. In the House, H.R. 2267, the Internet Gambling Regulation, Consumer Protection and Enforcement Act, has been introduced by House Financial Services Committee Chairman Barney Frank and already has close to 60 cosponsors. In the Senate, S. 1597, the Internet Poker and Games of Skill Regulation, Consumer Protection, and Enforcement Act, was recently introduced by Sen. Robert Menendez. These bills mandate rigorous, verifiable safeguards against underage participation while providing consumer protections for the millions of Americans who play online poker every day. They also include dedicated funding to establish and implement programs for prevention and treatment of those with excessive gaming habits. These bills also allow American companies to participate in the world's Internet poker market, bringing needed jobs and revenue to our great nation. An unenforceable, unpopular prohibition provides none of these benefits. All prohibition can do is drive players underground or overseas while limiting my personal freedom.

What's most important to me is your support for my rights. Please respond to this letter and let me know you will support my freedoms. I hope that I, along with my over one million fellow Poker Players Alliance members, can count on your support.

Thank you for your consideration.

Sincerely,

[your name]

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Here's a handy way to ask your friends and family to send the PPA letters.  Simply cut and paste the following and send it to them:
Dear _________,

Please take a few moments to help me and fellow American poker players fight for our right to play Internet poker. Although it is currently still legal in most of the U.S. for anyone to play poker online, the current policy of our federal government is to interfere with our access to the sites and to attempt to block all related financial transactions.

Please help us lobby our federal and state government leaders and representatives to pass legislation to license and regulate Internet poker so all U.S. citizens will have unhindered access to the sites, as well as needed consumer protections. By using the links below, you can send pre-formatted e-mail letters through the Poker Players Alliance. It should take you only a minute or less for each of the three forms, and only requires that you enter your name, address, e-mail and phone.

To send a letter to your federal Congressional representatives:
http://www.capwiz.com/pokerplayersalliance/issues/alert/?alertid=13690391

To send a letter to your state Governor and legislators:
http://www.capwiz.com/pokerplayersalliance/issues/alert/?alertid=14005591

To send a letter to President Obama:
http://www.capwiz.com/pokerplayersalliance/issues/alert/?alertid=12601836

Thanks so much!

Best,

[your name]

P.S. Please forward this message to anyone else you can think of who might help out.

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Gambling with Free Speech on the Net


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I wrote an article on the situation in Kentucky for NewMajority.com. It will be the featured article for the day, so I hope you all like it:


Gambling with Free Speech on the Net

http://www.newmajority.com/gambling-...ech-on-the-net

Upset at what he saw as competition to the state lottery and to state-taxed parimutuel betting, last year Kentucky Governor Steve Beshear (D) initiated efforts to seize the internet domain names of 141 offshore online poker, sports betting, and casino gaming sites. This action was undertaken despite the fact that these sites are operating legally in their home nations and have no physical presence in Kentucky.

With his plan in place, Beshear hired an out-of-state contingency-fee only law firm to assist him with his scheme. The governor and his team of hired guns went to a state circuit court to initiate the seizure and forfeiture of the domain names in question. His stated intention was to release the domain names to their rightful owners only after they paid a large cash settlement and agreed to use blocking technology to prohibit Kentucky residents from viewing content the governor found objectionable. In other words, Beshear sought to assess a non-existent tax on foreign companies and unilaterally establish trade policies while censoring the world’s Internet sites to control content accessible to Kentuckians.

Beshear moved his case through the state circuit court, but lost 2-1 on appeal. The Kentucky Supreme Court will hear Beshear’s appeal of that loss next month, and supporters of internet freedom are lining up to tell the court where they stand. eBay, Network Solutions, the Poker Players Alliance, the Interactive Media Entertainment and Gaming Association, the Electronic Frontier Foundation, the American Civil Liberties Union of Kentucky, the Bluegrass Institute, the Center for Democracy and Technology, and many others are demanding that the Kentucky Supreme Court uphold the appeals court ruling.

Beshear’s contention that any court in the world should be permitted to seize domain names of internet sites operating legally in their home jurisdictions is deeply disturbing to those who value internet freedom and U.S. sovereignty, and with good reason. For example, under this scheme CNN’s internet domain name could be at risk if they were to run an article critical of Cuba or China. Similarly, the Family Research Council’s domain name could be seized by a court in a small town in Syria if FRC were to run an article critical of Islam........
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It's Time for Focus on the Family to Focus on the Finances

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by RICH MUNY

Continuing financial problems at Focus on the Family have resulted in more job cutbacks within the social conservative organization. The group recently announced a new round of layoffs, this latest one affecting 75 employees. This is expected to bring the number of employees down to 860 employees, from a high of about 1400 in 2002. However, the organization apparently still has plenty of cash to fund an expensive Washington lobbying effort, including a major Focus initiative to try to stop adults from playing online poker in their own homes with their own money.

Focus on the Family typically utilizes a two-pronged approach to achieving its goals. The first prong is the group's ministry.  The ministry assists people in choosing of their own free will the path Focus recommends.  The second prong is Focus' Congressional and state lobbying, where Focus seeks laws restricting behaviors the group deems immoral, thus using the power of the state to achieve its ends. Sadly, the fact that Focus is laying employees off while doubling-down on lobbying shows a disturbing shift in the direction of the organization.  It seems the group now prefers forcing the changes they seek through the power of the federal government over encouraging people to choose the appropriate path.

Regarding the latest round of layoffs, Focus on the Family spokesman Gary Schneeberger said, "Managers are meeting with their employees, praying with employees. We want to make sure that even after this process, they have a transition package and that's not just about money, but helping them find a new job." This is somewhat kind of Focus, perhaps, but I imagine it’s cold comfort to the families of the laid-off employees who know those salaries are now going to Washington lobbying. One wonders how many would have voluntarily given up their jobs to ensure that Focus had sufficient funding to continue their all-encompassing fight against poker players.  As poker players are showing no signs of giving up, one wonders how many years and how much donated money Focus is planning to put into this fight.

Anyone who believes Focus on the Family should focus on ministering to those in need while keeping the lobbying -- especially on issues like online poker -- on the back burner during lean times like these ought to write to Focus now. Let them know that you want your money to go to ministering and that you will not donate if they plan to use the bulk of your money on Capitol Hill lobbying. You can contact them at http://family.custhelp.com/cgi-bin/family.cfg/php/enduser/std_adp.php?p_faqid=14190.


© Rich Muny
Rich Muny’s commentaries are copyrighted and may be republished, reposted, or emailed providing that the column is copied intact and that full credit is given to the author.

Please visit the full blog at http://poker.townhall.com
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George Will: Raising the Stakes on Online Poker

George Will
August 17, 2009

Howard Lederer, aka "the Professor," is a professional poker player, not a gambler. If Congress will acknowledge this distinction, it will rectify one of its recent mistakes.

In 2006, Congress, cloaking cunning with moralizing, effectively outlawed Internet gambling by making it illegal for banks or credit-card companies to process payments to online gambling operations. This was more than moral pork for social conservatives. It also blocked online competitors from poaching gamblers from the nation's most aggressive promoters of gambling -- state governments. They are increasingly addicted to revenues raised by lotteries -- the 42 states that have lotteries spent $520 million in 2007 promoting them -- and from taxation of other legal gambling. The law exempted Internet state lotteries and two powerful and vocal interests -- online betting on horse racing and some fantasy sports betting online.

Having turned gambling, which once was treated as a sin, into a social policy, government looks unusually silly criminalizing online forms of it.

Granted, some people gamble excessively (although not nearly as many people as eat excessively). Granted, gambling becomes addictive to a small minority (although it is not nearly as addictive as smoking and drinking).

Granted, gambling is morally dubious when it is only the unproductive pursuit of wealth without work (although gambling is productive of pleasure for tens of millions of Americans for whom it is a frequent pastime). But never mind whether government should try to tightly circumscribe a ubiquitous human activity that generally harms nobody.

That is beside the point Lederer and the Poker Players Alliance are toiling to make, which is that by sweeping online poker into its proscription of online gambling, Congress committed a category mistake.

Congress, Lederer thinks, should revisit the work of John von Neumann (1903-57), the Hungarian-born mathematician who, after working for the Manhattan Project on implosion design for the atomic bomb, became a defense intellectual specializing in the relevance of game theory to strategic thinking. Chess involves logic; roulette involves probability theory. Poker involves logic, probability and something pertinent to military and diplomatic strategy -- bluffing.

"Theory of Parlor Games" (1928) and, with Oskar Morgenstern, "Theory of Games and Economic Behavior" (1944) established the field of game theory. Another of today's leading professional poker players, Chris Ferguson, is the son of a mother who is a mathematician and a father who teaches game theory at UCLA.

When you play chess, Lederer says, there is symmetry of information:

Both players have all the information provided by the location of the pieces on the board, and both are equally ignorant of the opponent's intentions. A computer can be programmed to "play" a powerful game of chess, but not of poker, wherein your opponents' cards are concealed.

Lederer is confident that a brain scan of someone playing poker would reveal a lit-up frontal lobe, but the lobe of someone watching television would show up cool blue. A poker player -- unlike someone playing roulette, a lottery or "video poker" (which Lederer says is a misnomer; it is a game of chance governed by a machine) -- is trying to apply skill, acquired by experience, to increase the probability of winning each hand.

The son of an English teacher at St. Paul's School in New Hampshire, Lederer decided to spend a year studying chess before matriculating at Columbia University. Instead, he discovered poker. He started at Columbia but left, reasoning that he had found his vocation. He has won about $5 million.

But what is his stake in decriminalizing online poker? After all, he plays much more on green felt-covered tables than online. His interest is threefold. First, his libertarian temperament -- he lives in Las Vegas, where almost anything goes -- is offended by mother-hen government. Second, he wants as many people as possible to have access to poker's delights.

Third, the more poker players there are, the larger will be the ranks of competitors, and the television audiences, for professional poker competitions. Hence the larger will be the potential winnings. This year, Lederer says, there were 6,494 competitors in the World Series of Poker Main Event, down about 1,000 from 2006, largely because more players used to win their $10,000 entry fee in online tournaments.

It is a poker skill to know when to hold 'em and when to fold 'em.

Congress probably should fold its interference with Internet gambling, and certainly should get its 10 thumbs off Americans' freedom to exercise their poker skills online.

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Gamblers and Liberty: Wayne Allyn Root’s Latest Book

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by RICH MUNY

In his new book, “The Conscience of a Libertarian: Empowering the Citizen Revolution with God, Guns, Gambling & Tax Cuts,” Wayne Allyn Root asserts that America is a nation of gamblers and always has been.  Mr. Root, who was the 2008 Libertarian vice presidential nominee and who is now preparing to lead what he calls “a Ross Perot-like third party movement in 2012 for economic and personal freedom,” discusses this in detail in Chapter 29: The End of Prohibition - Why Gamblers Will Empower the Citizen Revolution

Mr. Root starts the chapter by citing gambles that were taken in our nation’s early history.  The brave Pilgrims who took great risks in leaving Europe in search of liberty in the New World, the lotteries that helped fund colonial America, and the daring exploits of George Washington, John Adams and Benjamin Franklin - who risked their fortunes in the Revolutionary War for freedom - are just a few examples of the risk-taking, gambling heritage of the American people. 

Gambling did not end with the founding of our great nation, either.  Immigrants with nothing but a strong will and unshakeable desire to succeed, entrepreneurs, and business owners all gambled that their dreams would come true, and they put all they had at risk to make it happen.  Americans are by nature risk-takers who are leaders and bold dreamers.  This willingness to gamble on success is an essential part of the character of America. 

This risk-taking legacy lives on.  During the last decade, Internet poker and gambling were a global phenomenon.  Still, despite the worldwide appeal of online gaming, 70 percent of money wagered came from Americans - this notwithstanding the fact that the Justice Department asserted that the activity is unlawful.  Americans made 376 million trips to casinos in 2007, and there are now 185,000 places to buy a lottery ticket in America versus only 14,000 McDonald’s.  In fact, more money is spent on gambling in America than is spent on books, movies, videos, and DVDs combined.  The facts are clear - Americans enjoy a good gamble and are proud of it. 

Mr. Root then discusses poker. Party Gaming reported $45 billion in wagering in 2005, for almost $1 billion in revenue.  Online poker was escalating in popularity when the Congress passed the Unlawful Internet Gambling Enforcement Act.  This action outraged poker players.  Since passage of that act, over one million Americans joined the Poker Players Alliance to speak out and demand their right to play poker on the Internet.  Mr. Root believes the power of poker players is being harnessed by the Libertarian movement, as the 10 million to 12 million Americans who play online poker and the 50 million who play in person comprise a very formidable group. 

Mr. Root notes that the proponents of a new Prohibition - a prohibition on online poker - are straight-laced, nanny state busy-bodies who are afraid to take risks.  They want to police what others do, this despite the fact that it does not affect them in any way.  He notes that there are people in the Middle East who think the same way - the Taliban. 

Mr. Root wraps up the chapter by expressing his belief that the government will fail miserably in its attempts to stop online gambling.  The American people have tried online poker and gambling and they like it.  They want their freedom and are demanding it.  It makes far more sense to license, regulate, and tax online gaming than it does to try to enforce an unpopular prohibition. 

The chapter is well-written, and Mr. Root does a fine job in explaining the phenomenon of gambling in American culture and how gambling and freedom are intertwined.  I personally believe government has attacked the very people - people who cherish freedom and liberty - who are most likely to take a strong stand.  In fact, poker players have taken a strong stand against the UIGEA and will continue to do so.  In my opinion, Mr. Root “gets it” in a way that few who have run for national office do.  I wholeheartedly recommend this chapter of the book. 

Amazon.com: The Conscience of a Libertarian: Empowering the Citizen Revolution with God, Guns, Gambling & Tax Cuts 

Wayne Allyn Root’s Libertarian Presidential Candidate Website: “Root for America!


© Rich Muny
Rich Muny’s commentaries are copyrighted and may be republished, reposted, or emailed providing that the column is copied intact and that full credit is given to the author.
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Focus on the Family Ought to Learn to Manage Its Money

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Rich Muny
August 13, 2009
Evangelical group faces 'serious' shortfall
http://www.google.com/hostednews/ap/...C02
By ERIC GORSKI (AP)

DENVER — A "serious budget shortfall" at Focus on the Family has prompted the conservative Christian group to issue a special fundraising plea, and contributed to a decision to cede control of its contentious "Love Won Out" conferences about homosexuality to another religious organization, a spokesman said Tuesday.

Focus on the Family, founded by child psychologist James Dobson, is on pace to fall $6 million short of a $138 million budget for the fiscal year that began last October, spokesman Gary Schneeberger said.

Jim Daly, president and CEO of the Colorado Springs, Colo.-based evangelical ministry, explained the challenges in a letter to approximately 800,000 donors.....

Well, this is really something.  Focus on the Family can afford luxuries like expensive lobbying to stop adults from choosing to play online poker in their own homes with their own money, so surely FoF has enough for its core ministries.  Perhaps they simply need to tighten their belts, like American families are right now, before asking for cash.

Here's my open letter to Focus on the Family
(their email form is at: http://family.custhelp.com/cgi-bin/f...?p_faqid=14190):
Subject: Your request for donations

Dear Sir/Madam,

I read your request for donations to cover a "serious budget shortfall" with interest. I am surprised to hear that you feel your organization is having any financial issues. After all, you have plenty of extra money to lobby for federal legislation to stop adults from choosing to play online poker in their own homes with their own money.

If you have enough money to work to give the federal government even more power over our banks and our lives, I must wonder where you could possibly be running short.

May I recommend that you take a better look at your spending before seeking more money? That's what American families do every day.

Best regards,

Rich

© Rich Muny
Rich Muny’s commentaries are copyrighted and may be republished, reposted, or emailed providing that the column is copied intact and that full credit is given to the author.  

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TAKE ACTION: Tell Your Governor and State Representatives to Support Online Poker

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Rich Muny
July 30, 2009

Poker players have been lobbying the federal government for their rights and are getting solid results!  The next phase is to lobby the states.  Let's all write and call.  Fortunately, finding your elected national, state, and local reps is easy.  Simply visit http://www.congress.org/congressorg/dbq/officials and enter your ZIP code.

I wrote the following letter.  Feel free to send it as-is, edit it, or send a unique one:


The U.S. Congress is considering legislation to license and regulate online poker. This legislation allows states to opt-out of the provisions of the bill. As a constituent, voter, and poker player, I ask that you support online poker rights by advocating against an opt-out by our state.

Poker is a proud American tradition and our nation's citizens have enjoyed playing poker for more than 150 years. It is an honorable game that I am proud to play. The simple fact that I choose to play it on the Internet should not make it unlawful.

U.S. House Bill H.R. 2267 provides for sensible regulation of Internet gaming and puts the U.S. in charge of safeguarding its citizens. The bill mandates rigorous safeguards against underage participation and protections for those with excessive gaming habits while providing consumer protections for the millions of Americans who play online poker every day. This bill will also allow American gaming companies to participate in the world's Internet gaming market, bringing needed jobs to our state. Internet censorship and an unenforceable, unpopular prohibition provide none of these benefits. All censorship and prohibition can do is drive players underground or overseas while limiting my personal freedom.

What's most important to me is your support for my rights. Please respond to this letter and let me know you will support my freedoms. I will be watching your actions on this issue closely. I hope that I, along with my over one million fellow Poker Players Alliance members, can count on your support.

Thank you for your consideration.

Sincerely,

[Your Name]

Thanks!  We will keep our liberties if we fight for them together.


© Rich Muny
Rich Muny’s commentaries are copyrighted and may be republished, reposted, or emailed providing that the column is copied intact and that full credit is given and that Rich’s website addresses, http://poker.townhall.com, http://theengineer.theppa.org, and www.campaignforliberty.com/user/TheEngineer, are included.  

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Kentucky Governor Steve Beshear's Attack on Internet Freedom Continues

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Rich Muny
July 10, 2009

Despite running for governor on a pro-gaming platform, Kentucky Governor Steve Beshear (D) has unfortunately chosen to lead a protectionist crusade against online poker. Last year, he authorized an out-of-state contingency-fee only law firm to go to court on behalf of the Commonwealth of Kentucky to seize 141 Internet poker and gaming website domain names, this despite the fact that these sites are operating legally in their home jurisdictions.

Beshear’s underlying theory – that domain names of Internet sites operating legally in their home nations can be taken by any court in the world – is deeply troubling. For example, a few years ago a French court ordered Yahoo.com to block French citizens from accessing parts of the site deemed to have content unlawful under French law. Yahoo.com pushed back, citing free speech issues. What if French courts had the authority to seize the domain www.yahoo.com to force compliance? What if other nations could seize Internet domains to force the entire Internet to comply with their local laws? If Beshear succeeds, imagine the chilling impact on Internet freedom.

Attorney General Jack Conway wisely steered clear of this issue. In his absence, Beshear had Secretary of the Justice and Public Safety Cabinet J. Michael Brown initiate the seizure action. Beshear and Brown managed to move this case through a state circuit court, but rightly lost at the Kentucky Court of Appeals. Unfortunately, Beshear and Brown are not done. They appealed their loss to the state Supreme Court. One hopes they not only lose again, but that the justices make it clear that Beshear lacks jurisdiction in the matter.

Following the loss at the Court of Appeals, Brown commented, “the evidence demonstrated that illegal and unregulated activity is occurring in Kentucky, and that millions of dollars are being lost as a result of that activity, a fact that wasn’t disputed in Tuesday’s ruling.” Brown’s statement is very misleading. He says this is an illegal activity. However, the court ruled that sites are not “gambling devices” as defined under Kentucky law, and the Commonwealth conceded during testimony that poker players and casino gaming enthusiasts are breaking no laws by playing online. Brown may think online poker should be unlawful, but the court did not find any laws to have been broken.

Additionally, the Poker Players Alliance – a one million member poker advocacy group – filed a brief with the court proving that poker is a game of skill, not chance. As such, they argued that poker is not “gambling” as defined by Kentucky law. Attorneys made verbal arguments in support of this position at the Court of Appeals hearing as well, and the Commonwealth’s attorneys did not even try to counter those arguments.

Brown also stated that online poker is unregulated in Kentucky. However, online poker is not regulated by the Commonwealth (it is regulated within the sites’ home jurisdictions) because the Commonwealth chooses not to regulate it. Likewise, online poker site revenue is not taxed because Kentucky chooses not to tax it. The Commonwealth is losing money by not creating a legal framework for online poker, but that’s an issue for the legislature, not the Secretary of the Justice and Public Safety Cabinet.

Governor Beshear claimed that, “unlicensed, unregulated, illegal Internet gambling poses a tremendous threat to the citizens of the Commonwealth because of its ease, availability and anonymity.” However, there is no anonymous online poker play. Poker sites track and confirm ages and identities of each participant using authentication systems equal to those used by Twinspires.com, an Internet horse race wagering site owned by Churchill Downs that operates in Kentucky. As Twinspires.com’s business is (rightly) acceptable to Beshear, surely the equivalent systems poker sites employ ought to be acceptable as well.

If Beshear and Brown really wish to help Kentucky’s poker players, they ought to propose legislation creating a legal framework for online poker. Players would naturally gravitate toward Kentucky-based sites and to offshore sites that chose to participate, as these sites would be perceived as being safer. Thus, market forces would drive compliance, rather than some scheme to police the entire Internet from the Kentucky governor's office. This would certainly be preferable to the destruction of Internet freedom and personal liberty. This common sense approach would also provide jobs and revenue to Kentucky while providing strong consumer protections.

Please tell Governor Beshear that it is time for Kentucky to embrace and manage the technologies of the 21st Century while respecting liberty and Internet freedom. Call him at (502) 564-2611, then send him a letter from this easy-to-use PPA letter site and from this similarly easy-to-use FreedomWorks letter site. Let's let Beshear know it’s time for him to fold.


© Rich Muny
Rich Muny's commentaries are copyrighted and may be republished, reposted, or emailed providing that the column is copied intact and that full credit is given and that Rich's website addresses, http://poker.townhall.com and www.campaignforliberty.com/user/TheEngineer, are included. 
 
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Internet Gaming Law Threatens Horse Racing Industry

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Rich Muny
June 29, 2009

When the Unlawful Internet Gambling Enforcement Act (UIGEA) passed in 2006, the horse racing industry was protected with a special exemption. However, it is now clear that this exemption will fail to protect the industry from the harmful effects of the Act.

UIGEA requires blocking of “unlawful” Internet gaming by financial institutions. However, neither the Act nor its regulations define unlawful Internet gaming. No one seems to know what it unlawful and what is not. As a result, banks and credit card companies have been deputized not only to enforce this deeply flawed law, but also to define its scope. Unfortunately, the law penalizes banks severely if they err on the side of processing transactions later determined to be unlawful, while permitting them to block perfectly legal transactions. As a result, banks can be expected to err strongly on the side of caution.

Based on the UIGEA regulation comments banks and pari-mutuels submitted to the government, and on recent media reports, financial institutions are likely to block remote horse racing wagers for a variety of reasons. One reason is that many banks and credit card companies will simply block all online gaming transactions to ensure compliance with the Act. Another reason is that the horse racing exemption requires that financial transactions fully comply with every detail of the Interstate Horse Racing Act (IHA) to be exempt – a determination financial institutions are probably neither equipped nor inclined to make. And, the biggest concern for blocking of these transactions is the Justice Department’s position that all interstate horse race wagering violates the Wire Act (particularly as the DoJ has shown no reluctance in arresting suspected Wire Act violators). The Justice Department’s position on the legality of horse race wagering could also significantly hinder the ability of financial institutions to develop processes to permit processing of these transactions.

To help to rectify these problems and to stand strong for our equine industry, please write to your congressman and ask him or her to support H.R. 2266. H.R. 2266 delays enactment of UIGEA to provide banks with more time to analyze confusing state and federal gaming laws. Please also ask him or her to support H.R. 2267, the Internet Gambling Regulation, Consumer Protection and Enforcement Act. H.R. 2267 provides for sensible regulation of Internet gaming and puts the U.S. in charge of safeguarding its citizens.  H.R. 2267 mandates rigorous safeguards against underage participation and protections for those with excessive gaming habits while providing consumer protections.  It also clarifies the scope of the Wire Act.

Note: this is an update of an op-ed I authored that was published in the Cincinnati Enquirer and the Kentucky Enquirer on June 17, 2008.
 
*****

Please sign the poker rights petition at www.pokerpetition.com.


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Podcast: Update on Poker Rights Efforts

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Rich Muny
June 12, 2009

I took some time to talk with our friends at PocketFives.com about the fight for poker rights.  I hope you find it informative.

P5s Podcast

I took some time to talk with our friends at PocketFives.com about the fight for poker rights.  I hope you find it informative.

*****
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Take Action: Congressman Seeks Online Poker Prohibition

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Rich Muny
June 4, 2009

U.S. News & World Report recently published a column by House Financial Services Committee Ranking Member Spencer Bachus (R-AL), where Bachus argued in favor of a big government prohibition on online poker.  An online poll was provided with the column.  As seen below, readers overwhelmingly favored online poker rights and Internet freedom.  The fact that the Poker Players Alliance has over one million members further shows that many Americans care strongly about this issue:


It is odd that Bachus would champion a new, unpopular prohibition, given that his party is out of power and needs every vote it can get.  It's equally odd that Bachus would champion big government on this issue, as this undercuts his limited government arguments on other issues important to his fellow conservatives.  Surely conservatives will rise up and tell him to stop driving voters away, right?

TAKE ACTION

Please call Congressman Bachus at (202) 225-4921 and tell him to support Internet freedom and poker rights.




Ante Up for Your Rights
The Conservative Case for Protecting Poker

Ante Up for…Limited government
  • Many conservatives believe the federal government should not be in the business of preventing adults from playing a game of poker at a time and place of their choosing. These include former House Majority Leader Dick Armey, George Will, Walter Williams, and Grover Norquist, all of whom have written in opposition to prohibitions on poker.
  • Conservatives believe “the government that governs best governs least.” Poker is a great American pastime that has been enjoyed by U.S. soldiers, presidents, world leaders, and everyday Americans. It is simply wrong that Americans are being told they are criminals for enjoying the great game of poker.
  • The new law unfairly discriminates against poker giving special protections to activities such as intrastate gaming, on-line lotteries, betting on horse racing, and fantasy sports for cash.
  • The Unlawful Internet Gambling Enforcement Act (UIGEA) requires banks and credit card companies to police the Internet and the financial system to stop Americans from participating in “unlawful Internet gambling” – a requirement the government could not even define. U.S. licensing and regulation removes this burden from America’s financial services industry. It’s time to stop treating banks and credit card companies like agencies of the federal government.

Ante Up for…Personal Responsibility
  • Only through meaningful regulation, not prohibition, can we ensure fairness of the game, provide protections for children, and provide services for problem gamblers. And if taxed, significant revenue could be raised for federal and state governments without increasing taxes on citizens.
  • U.S. licensing and regulation will mandate verification of the ages of the participants. Sites comply voluntarily now, but regulation will give U.S. laws the teeth needed for enforcement. It will also provide protections for those with excessive gaming habits, including mandated use of self-exclusion lists.
  • Licensing and regulation will provide for consumer protections while stimulating the American economy and generating tax revenue and licensing fees.

Ante Up for…Internet Freedom
  • Internet censorship and an unenforceable, unpopular prohibition provide no benefits to anyone. All censorship and prohibition can do is drive players underground or overseas while bringing the power of the federal government into America’s homes, where it doesn’t belong.
  • Many voters – free speech advocates, young voters, and conservatives in particular – are suspicious of arguments contending that Internet freedom is dangerous and banning certain online activities or confiscating virtual property.
  • U.S. licensing and regulation of online poker will allow American companies to participate in the world’s Internet gaming market, bringing needed business and jobs to America. All a prohibition can do is send U.S. jobs and money abroad.
  • Regulators, legislators and financial institutions are all warning that UIGEA is unenforceable. With banks now needing to rebuild themselves, it is difficult to imagine the banking system being used to police the Internet to stop a legitimate game of skill like poker.

The Legal Community Agrees:
Poker is a Game of Skill, Not Chance

Poker’s Recent Key Legal Victories

Colorado – in late January a Colorado jury found an organizer of a poker league, Kevin P. Raley, not guilty of unlawful gaming. Under Colorado law, gambling is defined as wagering on a game of chance. With help of expert testimony from the PPA, the jury found the poker league was playing a game of skill, not chance, and was not participating in unlawful gaming.

Pennsylvania – Earlier this year Judge Thomas James, Jr. ruled that poker is predominantly a game of skill. The Pennsylvania court took the next step and threw out 20 charges against the defendants, who held a poker game in their home.

Kentucky – a judge in Kentucky, with the support of the Commonwealth’s Democratic Governor, Steve Beshear, ordered the seizure of numerous Internet domain names related to Internet gaming. Of the over 141 websites ordered for seizure, not one was located in the state of Kentucky. This action would result in a precedent allowing any government to capture and shut down perfectly legal Internet sites that are based outside of their jurisdiction. The Kentucky Court of Appeals overturned the lower court’s ruling to seize the domain names. However, the governor has appealed to the Kentucky Supreme Court.

South Carolina – A South Carolina judge found that poker is indeed a game of skill, not chance, during a trial where defendants were charged with playing cards in a “house used as a place of gaming”. PPA argued that the Court should adopt the rulings of other courts that gambling refers to a game in which the outcome is determined predominantly by chance, not by skill. The judge agreed and kicked it to a higher court.

PPA’s Litigation Support Network has been involved in each of these cases. We provided expert witnesses, prepared arguments for trial, and filed amicus briefs with the courts.

The Problem with “Midnight Rulemaking”
  • The Unlawful Internet Gambling Enforcement Act was included on a port security bill that was rushed through Congress before the 2006 election. In the waning days of the Bush Administration, the rule pertaining to this law was implemented in a way that many consider an unlawful power play.
  • The regulation deputizes banks and payment systems to block “unlawful Internet gambling” but does not define what that term means. Rather, the general counsel of every bank in the country must research what “unlawful Internet gambling” means in each state and on the federal level.
  • The Office of Management and Budget has estimated that the rule will cost more than $100 million for banks and payment systems to implement, and take more than one million man-hours.
  • The rule is not set to go into effect until December of this year. Congress is currently looking at whether this rule, and others like it, should be overturned.
*****
Please visit the full blog at http://poker.townhall.com
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Poker Players Alliance Declares Victory as Minnesota Backs Off of ISP Blocking Plan!!

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NEWS RELEASE

For Immediate Distribution                           Contact:           Shannon Flaherty

sflaherty@theheraldgroup.com

(202) 347-6762

Poker Players Alliance Declares Victory in Minnesota

State Drops Enforcement Against ISPs Allowing Access to Internet Poker

MINNEAPOLIS, MN (June 4, 2009) -The Poker Players Alliance (PPA), the leading poker grassroots advocacy group with more than one million members nationwide (and more than 15,000 in Minnesota), declared victory as news broke that the Minnesota Department of Public Safety was dropping enforcement action against Internet Service Providers that provide access to Internet gambling sites, including legal Internet poker sites.  The announcement was made by Representative Pat Garofalo, who indicated that the matter was concluded after "the legal position underlying the issuance of the notices was reconsidered."  Garofalo specifically credited the PPA and the Interactive Gaming Council with contributing to the conclusion of the matter. 

"This is a great day for internet freedom," said Garofalo. "In the spirit of cooperation and in recognition of the rescission of these notices, I am more than happy to withdraw my bill and in its place sponsor a discussion aimed at establishing a framework for regulating and licensing the online gaming industry."

"Minnesota poker players made our voices heard, the state listened and ended its ill-advised and improper attempt to circumvent the rights of Minnesota poker players," said Matthew Werden, Minnesota State Director of the Poker Players Alliance. "We commend Representative Garofalo for literally taking this misguided effort head on and resolving it without incident."

"We are extremely proud of our membership for unifying so quickly and effectively in opposition to this action," said John Pappas, Executive Director of the PPA.  "We look forward to working with all parties involved to reach a sensible framework for regulation of this 21st Century pastime."

For more information please visit www.pokerplayersalliance.org

About The Poker Players Alliance

The Poker Players Alliance (www.pokerplayersalliance.org)  is a nonprofit membership organization comprised of over 1,000,000 online and offline poker players and enthusiasts from around the United States who have joined together to speak with one voice to promote the game and to protect poker players' rights.
 
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