WTO to Rule on Internet Gambling today

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A World Trade Organization appeals panel is expected to rule Thursday on whether the United States should drop prohibitions on Americans placing bets in online casinos - a decision that could open the nation to Internet gambling.

If the appeals panel rules against Washington, it could allow U.S. residents to take part in offshore Internet gambling.

Last year, a WTO report confirmed a preliminary ruling in a dispute pitting the United States against the tiny Caribbean nation of Antigua and Barbuda, saying the U.S. ban represented an unfair trade barrier.

The United States contends that Internet gambling should be prohibited because it violates some U.S. state laws. Washington appealed the ruling and said it would "vigorously" contest the ruling before the WTO's seven-member appeals body.

Antigua filed the case before the WTO in 2003, contending that U.S. restrictions on Internet gambling violated trade commitments the United States made as a member of the 148-nation WTO.

"I feel that the law's strongly on our side," Mark Mendel, legal counsel for Antigua in the case, told The Associated Press. "I hope that the appellate body sees it that way too."

U.S. trade officials disagreed, saying that negotiators involved in the Uruguay Round of global trade talks, which created the WTO in 1995, clearly intended to exclude gambling.

Antiguan authorities also argued that restrictions that barred U.S. residents from betting at offshore casinos were harming their country's efforts to diversify its economy. Antigua has been promoting electronic commerce as a way to end the twin-island nation's reliance on tourism, a sector hurt by a series of hurricanes in the late 1990s.

Antiguan officials estimate that online casinos employ some 3,000 of the 67,000 residents of Antigua.

The current legal status of Internet gambling in the United States is in dispute. No U.S. federal law prohibits gambling, which is regulated by state law. But in many states, gambling is banned or permitted with restrictions.

Some site operators have been prosecuted under the 1961 Wire Communications Act, which was written to cover sports betting by telephone.

The U.S. General Accounting Office has estimated there are 1,800 Internet gambling operations. Virtually all of them are based outside of the United States, posing an enforcement problem for U.S. authorities.

<!--/story-->Forbes.com<!-- story controls -->
 

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My two sources are expecting the worst. They believe the US did find some precedent to exclude gambling. Also lots of court cases worldwide are confirming national monopolies on gambling right now and the WTO could find some way of winding those into the argument. We are all hoping they are wrong and we have some good news tomorrow....
 

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What's the point of these charades!? Does anyone seriously think a bunch a paper pushers can exercise any power over a country with over half the world's nukes? Maybe if Europe, Asia and Australia threatened sanctions there would be some measure of force behind it, but could that really be expected on an internet gambling issue? Not in 2005 that's for sure.
 

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says it all right here

The current legal status of Internet gambling in the United States is in dispute. No U.S. federal law prohibits gambling, which is regulated by state law. But in many states, gambling is banned or permitted with restrictions.


I do not think the ruling today matters in the least on what the millions of net gamblers do
 
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Darryl Parsons said:
What's the point of these charades!? Does anyone seriously think a bunch a paper pushers can exercise any power over a country with over half the world's nukes? Maybe if Europe, Asia and Australia threatened sanctions there would be some measure of force behind it, but could that really be expected on an internet gambling issue? Not in 2005 that's for sure.

Well, it's not like the US is going to nuke Antigua or the WTO into oblivion, DP. The impossibility here is preventing individuals from gambling online. The WTO can rule all it likes- and our respective gov'ts can do what they wish with said ruling - but I'm not closing any accounts.
 

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Dante-- Appreciate your constant message to the masses on this subject.

You are DEAD ON the money buddy!

I would love to send THE GENERAL and yourself to Capital Hill if the situation arises.

Wild Bill, Jay C, and myself will be in the wings if you need our assistance............but am 100% certain you two can hold your own and win the battle.

-F-
 

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xpanda said:
Well, it's not like the US is going to nuke Antigua or the WTO into oblivion, DP. The impossibility here is preventing individuals from gambling online. The WTO can rule all it likes- and our respective gov'ts can do what they wish with said ruling - but I'm not closing any accounts.
and im right behind xpanda:hump: ;) JUST kidding X ;)
 

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Fishhead said:
Dante-- Appreciate your constant message to the masses on this subject.

You are DEAD ON the money buddy!

I would love to send THE GENERAL and yourself to Capital Hill if the situation arises.

Wild Bill, Jay C, and myself will be in the wings if you need our assistance............but am 100% certain you two can hold your own and win the battle.

-F-
you have a good point here Fisher.. The General does not allow anyone to get a word in edgwise I just talked to him a few days ago and MY GOD , I love the big guy but not a word I started with Hello (im cut off) then Hey man.... ( cut off)....so the people against net gaming will not be able to speak General will barnstorm and bully the congress meeting ..its all good:suomi:
 

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Dante said:
you have a good point here Fisher.. The General does not allow anyone to get a word in edgwise I just talked to him a few days ago and MY GOD , I love the big guy but not a word I started with Hello (im cut off) then Hey man.... ( cut off)....so the people against net gaming will not be able to speak General will barnstorm and bully the congress meeting ..its all good:suomi:

TRUE!

Have you ever seen the clip where CASEY STENGAL speaks before the HOUSE?

He rambled for 90 miniutes and then MICKEY MANTLE got on the stand next and just said........"I dont know much, but I agree 100% with what Casey just said.

Dante-- You could be like Mickey following Casey after THE GENERAL rambles for 2 hours to the committee when you are called to the stand.

:lolBIG:
-F-
 

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xpanda said:
Well, it's not like the US is going to nuke Antigua or the WTO into oblivion, DP. The impossibility here is preventing individuals from gambling online. The WTO can rule all it likes- and our respective gov'ts can do what they wish with said ruling - but I'm not closing any accounts.

DP: Woof
XP: Meow

That's about how well this communication thing is going here.
 

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To make it as clear as I can...I am saying it makes no sense to try to impose any sort of international law on a country if there is no force behind it. All this means is that the US will (and should) do whatever the heck it wants without regard to the international community on any and all issues in which the international community is not prepared to use force. This statement should be plainly obvious yet there are millions of dumdums out there who just don't get it and waste people's time pretending it's not true.

It's a completely separate issue altogether whether what the US is currently doing or what it wants to do is any good. But getting the US gov't to do things right has to come from the US people and not from some paper pushing powerless initiative like this one.
 

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Right. And on the same thought, it's useless for the gov't (any of them) to impose laws that are unenforceable. Unless the gov't plans to start tracking the every movement at every IP address, or require offshore companies to submit a list of their patrons, their snub to the WTO is about as useless as the WTO's ruling in the first place.

It's actually a little funny to watch this whole thing unfold, as us gamblers can, and will, ignore them in the end anyway.

I happen to also think that the US does indeed have some respect for the WTO. They've used it enough against other countries, certainly, and can't lose standing with them completely. But, they've ignored the WTO's ruling on the Byrd Ammendment, so I wouldn't expect anything different on gambling.
 

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We won!

Antigua received a 128 page ruling today that I am told is in Antigua's favor.

Details to follow.
 

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i doubt it but hopefully this could force the u.s. to open up offshore gambling.
 

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Jay C said:
We won!

Antigua received a 128 page ruling today that I am told is in Antigua's favor.

Details to follow.

Hope your right JC

Thanks for the update!

-F-
 

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Jay C said:
We won!

Antigua received a 128 page ruling today that I am told is in Antigua's favor.

Details to follow.
:party: :smoker2: :party: :103631605
 

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what I do not get is if Jay Is correct and antigua won... HOW does that open the Us to internet gaming??? there is no law against it now???
 

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Anyone know where one can get documentation of the complaint? What do you think are the chances this can eventually be applied to other things we deem illegal, like drugs, prostitution rings, etc?
 

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Jay C said:
We won!

Antigua received a 128 page ruling today that I am told is in Antigua's favor.

Details to follow.

SWEET! May not make much of a difference, but hey its nice to know the US and the DOJ can't just run over everything. As I said in another thread, the UK is about to approve its new gambling bill which will allow US bets. That along with this ruling too will just about make the US government's opposition moot in the very near future :party:
 

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<?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /><st1:place>ANTIGUA</st1:place> WINS WTO GAMING RULING<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o:p></o:p>
April 7<SUP>th</SUP>, 2005 (Antigua) - The World Trade Organization (WTO) appellate body today upheld a ruling in favour of Antigua in the trade dispute with the US regarding cross-border online gambling. This is a landmark victory for <st1:place>Antigua</st1:place> as the first, and smallest, WTO member to defeat the <st1:country-region><st1:place>United States</st1:place></st1:country-region>, the largest member, in this well-respected international trade court. <o:p></o:p>

“The impartial dispute resolution machinery of the WTO has functioned as we had expected,” says <st1:personName>Mark Mendel</st1:personName>, lead legal counsel for <st1:place>Antigua</st1:place>’s case. “Justice has been served and potential compliance <st1:personName>is</st1:personName>sues facing various US corporations and the US Department of Justice will now be resolved in a manner favorable to fair and responsible international commerce.” Mr. Mendel noted “the Appellate Body recommended that the WTO cause the <st1:country-region><st1:place>US</st1:place></st1:country-region> laws to be brought in conformity with the GATS. The ruling also notes that the <st1:country-region><st1:place>US</st1:place></st1:country-region> laws in effect discriminate against foreign commerce. Unless the <st1:country-region><st1:place>US</st1:place></st1:country-region> wants to repeal all of its laws that currently permit any form of domestic remote gambling and also adopt laws to affirmatively prohibit it in all forms country-wide, they will have to provide <st1:place>Antigua</st1:place> fair access.”<o:p></o:p>

The WTO ruling is anticipated to pave the way for new financial and media opportunities for Antiguan gaming operators. Previously US companies such as Citibank, Chase Manhattan, Bank of America, Clear Channel Communication, Discovery TV, Yahoo and MSN were discouraged from conducting financial transactions or broadcasting advertisements involving online gaming products. The WTO determination is expected to end subpoenas or threats of prosecution from the United States Justice Department to US companies who choose to do business with <st1:place>Antigua</st1:place> offshore gaming companies. “This is a country-specific ruling,” says Mendel, “but it may have far-reaching implications.”<o:p></o:p>

In the ruling, the Antiguans argued that it <st1:personName>is</st1:personName> inappropriate to treat businesses that conduct transactions online as if they are unequal to or somehow less credible than traditional brick-and-mortar operations. Additionally, it was underscored that it is inappropriate for the <st1:country-region><st1:place>US</st1:place></st1:country-region> government to assume an industry lacks integrity in the absence of objective evidence. <o:p></o:p>

The <st1:country-region><st1:place>US</st1:place></st1:country-region> now faces compliance <st1:personName>is</st1:personName>sues that will require the <st1:country-region><st1:place>United States</st1:place></st1:country-region> government to thoughtfully address its approach to on-line gaming rather than simply prohibiting it altogether. Mendel states that this WTO ruling will ultimately result in US companies making accommodations to Antiguan gaming operators.<o:p></o:p>

“At the end of the day,” said Mendel, “we expect that major internet search engines, including Google and Yahoo, financial institutions and credit card service providers will be required to accept advertising from Antiguan internet gaming sites as they do currently with US gaming interests, including hundreds of American casinos and state lotteries.” <o:p></o:p>

For further information please contact: Jools Moore or Joslyn Tinker<o:p></o:p>

+44 (0) 207 395 0500 <o:p></o:p>

From the <st1:country-region><st1:place>US</st1:place></st1:country-region> to the <st1:country-region><st1:place>UK</st1:place></st1:country-region>: 011 44 207 395 0500<o:p></o:p>

jools@cancancommunications.com or joslyn@cancancommunication.com<o:p></o:p>
 

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