tag:blogger.com,1999:blog-1169281096117913024.post6616808911900683436..comments2024-03-27T04:14:38.477-05:00Comments on crAAKKer: Why the DOJ's Wire Act Opinion Is No Big Deal for Online PokerGrange95http://www.blogger.com/profile/01857460215043659894noreply@blogger.comBlogger11125tag:blogger.com,1999:blog-1169281096117913024.post-31914620570843369262011-12-31T08:10:39.895-06:002011-12-31T08:10:39.895-06:00Thank you for the detailed response, re: Californi...Thank you for the detailed response, re: California law. Sounds like, in all cases, there's a long road ahead for the legalization of online poker.Mattnoreply@blogger.comtag:blogger.com,1999:blog-1169281096117913024.post-13989712396619431932011-12-28T12:42:42.189-06:002011-12-28T12:42:42.189-06:00Excellent, excellent summary of the DOJ change. T...Excellent, excellent summary of the DOJ change. Too many people were touting this as legalizing online poker when, in fact, it does very little to change the legal landscape for those already deemed to be in violation of state laws.Billhttps://www.blogger.com/profile/07237073920107693787noreply@blogger.comtag:blogger.com,1999:blog-1169281096117913024.post-30468377841701737352011-12-27T14:19:47.193-06:002011-12-27T14:19:47.193-06:00@ Matt: The quick answer to your question is &quo...@ Matt: The quick answer to your question is "No, California poker rooms cannot start operating online right now."<br /><br />The longer answer is that California is a prime example of my point that poker is regulated at the state level, and internet poker will require new state laws or regulations. California Penal Code sec. 337j defines "controlled game" to include poker. Thus, card rooms offering poker must be licensed by and are subject to the regulations of the California Gambling Control Commission and Bureau of Gambling Control (a subsidiary of the office of the state Attorney General). The CGCC and BGC do not currently license businesses to offer or otherwise permit online gaming, including poker. Thus, online poker is currently illegal in California. This conclusion is buttressed by the fact that the legislature recently considered and rejected amending Penal Code sec. 337j to permit online poker to be licensed and regulated on an intrastate basis. The implication is that the legislature, CGCC and BGC consider online gambling to be illegal under current law.<br /><br />This scenario is essentially standard in all states that permit gambling/poker in a brick & mortar setting. Consequently, online poker is illegal in all of those states, and a state-by-state legalization process will be required before online poker is available in any particular state.<br /><br />For more about CA gambling law, try these links:<br /><br />http://www.gambling-law-us.com/State-Laws/California/<br /><br />http://ag.ca.gov/gambling/card.php<br /><br />http://ag.ca.gov/gambling/forms/forms_approval.php<br /><br />http://ag.ca.gov/gambling/standards.php (note the instruction sheets for Hold 'Em and Omaha mixed in with pit games like Let It Ride).<br /><br />http://weblinks.westlaw.com/result/default.aspx?cite=11CAADCS2070&db=1000937&findtype=L&fn=_top&pbc=DA010192&rlt=CLID_FQRLT99712418142712&rp=%2FSearch%2Fdefault%2Ewl&rs=WEBL11%2E10&service=Find&spa=CCR-1000&sr=TC&vr=2%2E0Grange95https://www.blogger.com/profile/01857460215043659894noreply@blogger.comtag:blogger.com,1999:blog-1169281096117913024.post-42557864450597266952011-12-27T04:26:41.742-06:002011-12-27T04:26:41.742-06:00Re: "most states do not make that distinction...Re: "most states do not make that distinction [between live and online poker]," California currently has legally operating poker rooms. Based on this and your previous statement, can we infer that the California poker rooms may now legally setup servers to spread online poker in the state of California?Mattnoreply@blogger.comtag:blogger.com,1999:blog-1169281096117913024.post-83269852221020998082011-12-24T12:50:01.678-06:002011-12-24T12:50:01.678-06:00Sure glad you didn't have time to write a leng...Sure glad you didn't have time to write a lengthy post. :-)<br /><br />Glad you did it nonetheless. <br /><br />-DrCDrChakohttps://www.blogger.com/profile/13408654385168201338noreply@blogger.comtag:blogger.com,1999:blog-1169281096117913024.post-626805726718012372011-12-24T10:28:56.532-06:002011-12-24T10:28:56.532-06:00@Glenn: Also, I think if the Feds fail to act in ...@Glenn: Also, I think if the Feds fail to act in online poker, a multi-state consortium from a decent number of states is likely. They could even allow foreign players if online poker is legal in their home country, though that step might take a year or two more to achieve politically. <br /><br />I discussed this concept last year after the Reid bill failed: http://craakker.blogspot.com/2011/01/you-say-intrastate-and-i-say-interstate.htmlGrange95https://www.blogger.com/profile/01857460215043659894noreply@blogger.comtag:blogger.com,1999:blog-1169281096117913024.post-55142132103618808842011-12-24T10:19:35.704-06:002011-12-24T10:19:35.704-06:00@Josie: Happy holidays to you & your family!
...@Josie: Happy holidays to you & your family!<br /><br />@Local Rock: Agreed. The poker community is good at hearing only what they want to hear. Also, thanks for the "malware" heads up. Never been a problem before, and I'll have to wait until I get home to poke around under the hood for a fix.<br /><br />@Glenn: Agree with your analysis. Online poker would have to be legal in the state where the player resides, but that state could choose to allow the poker site itself to be regulated by a different state so long as it meets certain baseline regulatory requirements and arranges for payments of taxes. This is very similar <br />to the wine shipping reciprocity laws (which I covered in a prior post),Grange95https://www.blogger.com/profile/01857460215043659894noreply@blogger.comtag:blogger.com,1999:blog-1169281096117913024.post-6447142335174802852011-12-24T09:22:08.507-06:002011-12-24T09:22:08.507-06:00"The Wire Act does contain an exemption for t..."The Wire Act does contain an exemption for transmitting wagering information from a state or country where it's legal to another such state or country"<br /><br />So assuming that a state offers regulated online poker, would this have any impact on players in other states? Let's say Nevada licenses GrangePoker dot com and a player in California (with no regulation) wants to play. She transmits information from California to Nevada where play on GrangePoker is legal. Does this player have an argument that her play is legal, or is her play going to be considered in California and therefore illegal since Grange doesn't have a California license?<br /><br />I think based on prior posts its the latter, so I am assuming that this opinion by DOJ plus the recent regulations in Nevada do not by themselves pave the way for interstate iPoker. However, it also seems that other states would not have to adopt full regulatory schemes themselves. If California were to come to some agreement with Nevada that works out how California will get it's cut, then California could simply pass a law saying that playing online is legal provided that the online room is operating under a valid Nevada license right?<br /><br />It seems to me that not having to come up with their own regulatory scheme would make it simpler for other states to legalize online poker and if the above would work then legal online poker could start to spread pretty quickly.Missingflopshttps://www.blogger.com/profile/05305775958095793633noreply@blogger.comtag:blogger.com,1999:blog-1169281096117913024.post-54976249662569747342011-12-24T07:19:49.132-06:002011-12-24T07:19:49.132-06:00#thisisgreatnews #onetime
http://www.zazenlife.co...#thisisgreatnews #onetime<br /><br />http://www.zazenlife.com<br /><br />Stay zen fellas! :)DIESELhttps://www.blogger.com/profile/05317802187738582069noreply@blogger.comtag:blogger.com,1999:blog-1169281096117913024.post-22438395446515756382011-12-24T06:18:56.271-06:002011-12-24T06:18:56.271-06:00Thank you. The unwarranted hyperventilating in the...Thank you. The unwarranted hyperventilating in the poker subculture has been almost as deafening as it is predictable.<br /><br />By the way, fewer people are likely to see this blog post because it triggers a virus warning. It appears to be the image file of the ring that's doing it.Local Rocknoreply@blogger.comtag:blogger.com,1999:blog-1169281096117913024.post-91113067454610516282011-12-24T05:11:11.512-06:002011-12-24T05:11:11.512-06:00Merry Christmas CrAAKKer!
Vegas AND Christmas wit...Merry Christmas CrAAKKer!<br /><br />Vegas AND Christmas with family. You sure do know how to have a good holiday. :)<br /><br />xoxoJosiehttps://www.blogger.com/profile/00226640652091292377noreply@blogger.com