Monthly Archives: November 2011

Presidential hopeful Gary Johnson supports internet poker

Prospective US presidential candidate Gary Johnson says “Online gambling should be legal for adults.”

And it is easy to believe the former governor of New Mexico (1995-2003) would work toward legalization if elected. Johnson has a reputation for being a champion of libertarian principles, and he is a vocal advocate of decriminalizing marijuana.

“Live Free” is Johnson’s campaign slogan, and he has devoted a page of his website to obtaining donations from voters who support the freedom to wager on the internet. As for general internet and technology issues, Johnson’s website states that “The federal government should not restrict commerce that doesn’t hurt anyone.”

Johnson’s chances of obtaining the presidency are slim though. In fact, Johnson himself is so certain he will not win the Republication nomination that he has begun to consider running with the Libertarian Party (See: Huffington Post: Gary Johnson Considering 2012 Election Bid as Libertarian Candidate).

Ladbrokes lists Johnson’s odds of being elected president as 200 to 1, behind even Rick Santorum (100 to 1) and Hillary Clinton (40 to 1). Additionally, Ladbrokes lists Barack Obama at 5/6, Mitt Romney at 5/2, Newt Gingrich at 9/2, Rick Perry at 25/1, Ron Paul at 25/1, Jon Huntsman at 40/1, Herman Cain at 50/1, Michele Bachmann at 66/1, Buddy Roemer at 250/1, and Fred Karger at 500/1.

But we must point out that internet gambling is not really an executive branch issue. Certainly it is good to have a president that advocates good internet gambling laws, but ultimately responsibility for enacting good laws belongs to Congress.

Rep. Barney Frank and Sen. Jon Kyl retiring after 2012

US Congress will lose two of its most informed Members on internet gambling policy after 2012 in Representative Barney Frank and Senator Jon Kyl.

In recent years Rep. Frank has been one of the most fervent supporters of federal legislation to license and regulate internet gambling, and prior to enactment of the Unlawful Internet Gambling Enforcement Act (UIGEA) in 2006 he had been one of the most vocal opponents of legislation to prohibit internet gambling. Those who have worked and those who will continue to work toward enabling legislation are indebted to Rep. Frank for what he has accomplished so far. As a longstanding member of the House Financial Services Committee, Frank for many years has argued against the curtailing of Americans’ freedom to engage in internet gambling and other harmless adult activities. As chair of the committee in the last Congress, Rep. Frank obtained a favorable vote on a bill that would enable internet gambling, but ultimately the bill was never taken up on the floor of the House. Rep. Frank again sponsors a similar bill this Congress, but he no longer controls the Financial Services Committee agenda, having been unseated as chairman when the Republicans took control of the House after the 2010 elections. Rep. Frank continues to be influential, nonetheless. Earlier this month he appeared as a panel member at a hearing held by an Energy and Commerce subcommittee to discuss internet gambling issues. Furthermore, Rep. Joe Barton declares that his H.R. 2366 builds upon the work that Rep. Frank accomplished in the last Congress.

But even though Rep. Frank has always been a champion of personal freedoms, his passion for gambling is clearly lacking. Agreeing in principal that internet gambling should be regulated is easy for Rep. Frank, but it is evident that other issues sit closer to his heart. It is difficult to believe Rep. Frank would care to get bogged down in figuring the complicated details of an effective interstate regulatory system for internet gambling. So while Rep. Frank has done well to keep internet gambling issues in the spotlight, at this point his retirement will not harm progress. His intellectual rigor and straightforward nature will be greatly missed, but momentum will carry on without him.

As for his plans after politics: “My intention would be to do some combination of writing, teaching and lecturing,” said Frank. For more information, please see the following article in The Hill: Frank retires, blames redistricting.

In all likelihood, the more significant event is the retirement of Senator Jon Kyl, a legislator who may be equally as informed as Rep. Frank on internet gambling issues. Today the veteran Senator is the Republicans’ Whip in the Senate, and recently he was a member of the Joint Select Committee on Deficit Reduction. Prior to UIGEA, Sen. Kyl had been one of the most vocal advocates of prohibiting internet gambling. Recently he joined Senator Harry Reid of Nevada in writing a letter to criticize the U.S. Justice Department’s lack of consistency and aggression in enforcing internet gambling laws.

Sen. Kyl’s opposition to internet gambling always seemed to be grounded in notions of morality, but he has hardly spoken of internet gambling since UIGEA’s enactment in 2006. If there was ever any reason to think Sen. Kyl could have a change of heart, it would be grounded in hopes that his experience on the Senate’s Finance and Judicial Committees had taught him to be sympathetic to policies that preserve states’ rights and divert taxable revenues away from offshore black markets and into the purses of legitimate state regulated operators.

As testaments to Sen. Kyl’s career in the Senate, he served as chair of the Republican Policy Committee from 2003 to 2007 and chair of the Republican Conference in 2007.

Upon announcing retirement from the Senate in 2007, Jon Kyl said he would love to consider becoming a vice presidential candidate in 2012. (cough cough… Newt Gingrich… cough cough). Please see the following articles in The Hill: Kyl openly courts 2012 vice presidential nomination and in Politico: Sen Jon Kyl announces his retirement from Senate.

Nevada begins accepting applications for interactive gaming licenses

Nevada’s Gaming Control Board gave official Notice on November 22 that it is now accepting license applications for interactive gaming.

According to the Notice, “Due to an increasing level of interest, applications for [license] approvals may be submitted to the Gaming Control Board prior to the passage of said regulations.”

Applications are available on the Gaming Control Board website for licenses a) to manufacture interactive gaming products, b) to operate interactive gaming, c) to operate as an interactive gaming service provider, d) to operate as any service provider seeking to share in the revenue from games.

Chairman Lipparelli says applications “should be treated in the same fashion as for any nonrestricted gaming license.”

Subcommittee Hearing in US House – Internet Gaming: Regulating in an Online World (Highlights)

The US House Subcommittee on Commerce, Manufacturing and Trade held its second informational hearing for internet gambling issues on November 18. The hearing dealt generally with the threshold question of whether the federal government should regulate gambling on the internet. Questions about the mechanics of a federal regulatory system were given only cursory explanation. The comparative strengths and weaknesses of H.R. 2366 and H.R. 1174 were also given only cursory explanation, but it is beginning to appear that H.R. 2366 is the only bill that will move.

Video replay of the entire 2-hour hearing is available on the House Energy and Commerce Committee’s Youtube channel.

Highlights are found at the following minute marks:

2:35  Rep. Bono Mack, subcommittee chair, gives her opening remarks.

8:00 Rep. Butterfield, ranking member of the subcommittee, gives his opening remarks.

12:43 Rep. Barton, chair emeritus of the Commerce and Energy Committee and chief sponsor of H.R. 2366, reads his opening remarks.

“The bill that I have introduced builds on the work that Mr. Frank and Mr. Campbell have already done.”

“I want to point out that the bill that we’re hoping to markup in this subcommittee deals only with internet poker. It does not deal with generic gaming or gambling. It is just internet poker, and as everyone knows, poker is a game of skill.”

18:15 Rep. Frank, chief sponsor of H.R. 1174 gives his opening remarks.

“Once we decide to do this, there are specific legislative details—and I think in a bipartisan way we can work them out. I will say Mr. Barton, Mr. Campbell, and I have already had some meetings, and we think it’s possible we can come to agreement on a lot of these specifics.”

“I hope this committee will go ahead with the basic principle, and then I look forward to our working on the specifics.”

24:34 Rep. Wolf read his opening remarks.

30:17 Rep. Campbell, sponsor of H.R. 1174 gives his opening remarks.

35:49 Rep. Barton, recognized for five minutes.

“Mr. Wolf, in your comments you repeatedly say “gambling.” You never once said “poker.” I mean, you do recognize that poker is a game of skill I presume?”

Rep. Wolf’s response (37:02): “I’m not here to tell you that internet poker is wrong. That’s not my ability. What I’m here to say is that if you put internet gambling in college dorms, people will literally in a few short minutes be bankrupt and broken… I think internet gambling will bring about suicide and problems.”

39:53 Rep. Butterfield recognized for five minutes.

To Rep Frank: “Please discuss the broader scope of your bill and why you think allowing bets and wagers on activities other than poker is the preferred approach.”

Rep. Frank‘s response “I don’t think we should ban poker or anything else that’s voluntary and doesn’t hurt anybody else, including gambling. Now, [H.R. 1174] does have a prohibition on sports betting; frankly that is a practical fact. I was pushing this bill in the committee I chaired and we couldn’t get it through over the objections of mostly the National Football League. And I will report to you that the National Football League believes that if we were to allow internet gambling, people might start betting on football games… At any rate I accepted that reality. But yes, beyond that, our bill does say ‘adults should be able to do on the internet what they prefer to do,’ and I don’t see any reason for banning gambling. There is a narrower issue on poker, but I’m for getting as much freedom as I can for people as long as they’re not hurting others. If all we could get would be poker I would be all for it. I am for the broader issue because I do not think that we should be restricting people’s freedom to do other things.

48:17 Mark Lipparelli, Chairman of Nevada Gaming Control Board, gives his opening statement.

53:50 Charles McIntyre, Executive Director of New Hampshire Lottery Commission, gives his opening statement.

58:42 Frank J. Fahrenkopf, Jr., President and CEO of American Gaming Association, gives his opening statement.

“We support federal legislation that will allow states and other appropriate authorities to license and regulate online poker, while also insuring that each state, such as New Hampshire, has the right to determine whether such activity should be permissible by the residents of their state.

We believe the best approach to making that happen is to modernize and strengthen the Wire Act of 1961 with conforming amendments to the Unlawful Internet Gambling Enforcement Act to unambiguously outlaw and hopefully eliminate illegal internet gambling.

The AGA asks that any gaming legislative proposal establish federal guidelines so there are consistent regulations for online poker in all jurisdiction that choose to have it.

1:04:22 Dr. Rachel A. Volberg, Senior Research Scientist of NORC at the University of Chicago, gives her opening statement.

1:24:30 Rep. Barton asks Liparelli: “Would online poker hurt or help brick and mortar casinos?”

 Liparelli’s response: “I think it’s been our experience that if there is an impact it’s already reflected in operations. Clearly there’s a lot of online gaming happening now. It’s exploded in the last seven years. So if there has been a direct impact, it’s probably already being felt. I think the industry participants that we talk to frequently see an opportunity there, but they see it as a compliment, rather than something that would impact their businesses directly.

Paddy Power Will Get a Nevada License Hearing in 2012

Paddy Power’s CEO Patrick Kennedy has confirmed his company will soon receive a hearing to decide whether it is suitable to supply and operate mobile phone betting equipment in Nevada.

Kennedy spoke to media and investors today as Paddy Power released an interim management statement announcing strong growth. Various media sources had earlier suggested Paddy Power could receive a hearing on its license application as soon as this month, but Kennedy has clarified there will be no hearing until early next year.

Paddy Power is an Irish company that originated as a traditional betting shop operator but in recent years has evolved into an operator and supplier of a broad spectrum of online gambling technology. The company’s license application in Nevada, however, is strictly for the operation and supply of its mobile phone betting technology.

See:

Independent.ie: It could be ‘Viva Las Vegas’ for Paddy Power

 

 

States’ Rights and Internet Gambling: American policy will avoid European problems

European Parliament has approved a non-legislative resolution that is supposed to help alleviate the problem of fragmented markets for internet gambling across the EU.

The problem is that European nations have been enacting their own unique laws for internet gambling without regarding the intentions of other European nations. For example, although some nations feel a free market approach to licensing is the best approach, others feel the only desirable approach to a socially risky activity such as gambling is strict market control by a government monopoly. So a situation that arises is that a nation legalizes internet poker through its national lottery operator, but customers choose to play with a foreign company instead, thereby frustrating national policy.

The solution Parliament offers is a weak one, because ultimately Parliament is powerless to enact a law that would uniformly regulate internet gambling across the entire EU. The most Parliament can do is urge the individual nations that they must cooperate better with one another.

Meanwhile the United States is on course to avoid similar problems because its policies would prohibit operators from serving customers who are located in states where internet gambling remains illegal.

For a more thorough comparison of the American approach to the European approach, please see the following article I wrote last week for my good friends at Casino City: States’ Rights and Fragmented Internet Gambling Markets

The following End Notes accompany the Casino City article

On October 6, 2011, European Parliament’s Committee on the Internal Market and Consumer protection approved “Report on Online Gambling in the Internal Market” (2011/2084(INI)) by a vote of 30-1, with 3 abstentions. Authored by Jürgen Creutzmann (ALDE, DE), the report contains a non-legislative resolution calling for stronger cooperation among European Member States. The report awaits a vote from the entire European Parliament, which is anticipated sometime in November.

The two policy proposals pending in the 108th U.S. Congress are H.R. 1174 – The Internet Gambling Regulation, Consumer Protection, and Enforcement Act; and  H.R. 2366 – The Internet Gambling Prohibition, Poker, Consumer Protection, and Strengthening UIGEA Act of 2011.” Both bills are incubating in subcommittees of the U.S. House of Representatives. Rumors speculate that the bills may also be on the radar of the Joint Select Committee on Deficit Reduction (the “supercommittee”).

Survey data shows UK remote gambling participation

The UK Gambling Commission has published the results of a survey conducted to show the prevalence of various gambling activities in the UK, both offline and online.

57.1% of the 4,000 adults surveyed said they had participated in at least one form of gambling in the previous four weeks. Of those same adults, 11.9% said they had participated in at least one form of remote gambling. Half of those participating in remote gambling purchased only National Lottery products.

Other key findings:

This figure of 11.9% compares with the 2010 calendar year figure of 11.1%, the  2009 calendar year figure of 10.5%, the 2008 calendar year figure of 9.7%, the 2007 calendar year figure of 8.8% and the 2006 calendar year figure of 7.2%.

The growth in participation in remote gambling is explained very largely by increased online participation in the National Lottery. If those only playing National Lottery products remotely are excluded, 5.6% of respondents had participated in remote gambling in the year to September 2011, compared with the figure of 5.7% in 2010, 5.7% in 2009, 5.6% in 2008, 5.2% in 2007 and 5.1% in 2006.

Many informative tables and figures accompany the survey data, which was compiled by ICM Research and is available on the UK Gaming Commission’s website: Survey data on gambling participation – October 2011.