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Court
Grants iMEGA Standing to Challenge Flawed
Online Gaming Law
(Washington, DC
– March 6, 2008) – The Interactive Media
Entertainment & Gaming Association
(iMEGA) |
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Federal Judge
Questions Key Provisions of Law Used by
Federal Government that Limits Personal
Rights |
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The Interactive
Media Entertainment & Gaming Association (iMEGA)
today applauded the decision by Judge Mary
L. Cooper, of the U.S. District Court for
the District of New Jersey, granting iMEGA
the standing to pursue a challenge of the
Unlawful Internet Gambling Enforcement Act (UIGEA).
This is a significant victory for iMEGA in
the case of iMEGA v. Gonzales, et al.
“Granting iMEGA standing is a major victory
any way you look at it,” said Eric M.
Bernstein, Esq., attorney for iMEGA. “Judge
Cooper’s ruling holds that, even with the
passage of UIGEA, online gambling is only
illegal in states where a statute
specifically says it is.”
“iMEGA is very pleased that the Court
recognized our standing and the weaknesses
in UIGEA” said Joe Brennan Jr., the chairman
of iMEGA. “Judge Cooper found that banks,
credit card companies and other payment
system instruments are exempt from criminal
sanctions under UIGEA, significantly
undercutting UIGEA’s enforcement mechanism.
Her ruling echoes the growing consensus of
opinion that UIGEA is a fundamentally flawed
statute.”
“We believe Judge Cooper missed the
opportunity to affirm Americans’ online
privacy rights and we plan to appeal to the
Third Circuit Court of Appeals,” continued
Bernstein. “However, her honor’s decision
significantly undercuts the federal
government’s argument that UIGEA is a
well-drafted, effective and enforceable
law.”
UIGEA was passed in the waning minutes of
the 109th Congress with very little input
from most Members of Congress. iMEGA filed
suit to challenge UIGEA on June 5, 2007 and
oral arguments were heard in the case on
September 26, 2007. A decision has been
pending since that date. In the interim, the
Federal Reserve Board of Governors and the
Department of the Treasury have issued
proposed regulations to implement UIGEA and
iMEGA and numerous other organizations, such
as the American Bankers Association, have
filed comments objecting to them.
“iMEGA supports the use of effective,
existing technologies to protect children
and problem gamblers,” continued Brennan.
“Although UIGEA is purportedly designed to
limit illegal Internet gambling, it falls
woefully short of having the ability to
accomplish that purpose and fails the
American people on a number of fronts. If
promulgated, the proposed regulations would
stifle online innovation and commerce;
inadequately protect children by failing to
ensure adequate safeguards; and have a
chilling effect on the digital civil rights
of all Americans.”
The official name of the case is Interactive
Media Entertainment & Gaming Association vs.
Alberto Gonzales, et al.
iMEGA v. Gonzales, et al. |
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Senator Frist and the Online Gambling Ban
Watch
"Mr. Bill Goes to Washington") |
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Jeff Simpson
on why it's unlikely the online gambling ban
will be reversed
American
Gaming Association President Frank Fahrenkopf
told me last week that if online poker players
are confident they can persuade Congress to
pass a law that would define poker as a game
of skill, they're sadly mistaken.
Full Story |
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