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It appears that you can gamble online in Washington if it’s just for your own enjoyment.
However, you can still not put up an affiliate site.
Microgaming, are you listening?
After reading it …
It seems to say that it’s OK to take part in online gambling for RECREATIONAL PURPOSES if its done from your primary residence (home).
It also seems to specifically say that this defence is not appropriate for people running a gambling site …
So it’s OK for players to take part – but still not good for webmasters …
But it’s a start …
:happydancThe only question I’d have on that is when does the $$$ value turn it from RECREATIONAL PURPOSES to something more …
(ie if you win $5,000, $10,000 or $50,000 does that make it more than recreational ?)
sigh.gif(oops – Dom posted while I was typing – I agree with her reading)
so this is the state of washington?
ifso: congrats to Int …… although its not benefiting him directly at this point to my understanding.
typical of the govt. they see he’s right …. but won’t allow it at this time because it would be too damn easy and the right thing to do.
govt still sucks!
but surely the grossest contradiction is, if it is legal to participate in, then surely should be legal to sell, or distribute, or to promote and gain part of profits.
so much hypocrisy and crap with these govts.
Kinda looks like this was passed to assuage the fear of washington state citizens that they may get arrested for playing online. Washington state is very anti internet gambling. They passed their anti-internet gambling act in June of 2006, and it appears that this bill just provides a defense to prosecution for “recreational gambling.” They’re primarily going after website gambling promoters.
http://seattletimes.nwsource.com/html/localnews/2003062386_danny15.html
Gambling officials told me The Seattle Times may be afoul of the law because we print a poker how-to column, “Card Shark,” by gambler Daniel Negreanu
Pretty scary shit…if you promote gambling and live in Washington
but surely the grossest contradiction is, if it is legal to participate in, then surely should be legal to sell, or distribute, or to promote and gain part of profits.
so much hypocrisy and crap with these govts.
CasinoMaster – I totally agree it’s the grossest contradiction, but exactly the same situation we have in Switzerland already for a long time. It’s legal to gamble online, but promotion of any online gaming product is illegal.
Another interesting thing. Today I came across an article in a German online paper about New (landbased) casinos in the US.
Google translation:
For me it’s quit simple: As long as you can make so much money with gambling on- or offline, people will find ways, change laws, bend rules and remember; gambling and prostitution are the two oldest industries we know. It seams like they try to satisfy two basis needs of our human race.
Am I getting a bit side tracked here?
Does anyone know if Microgaming is going to cut the “Verbotten” list to 10 US states?
I will contact them today to find out their stance, can you guys also check with your sources?
Awesome find!:rasta:
Hi All – the response from Microgaming as follows:
“According to the House Bill 1243 http://www.leg.wa.gov/pub/billinfo/2007-08/Pdf/Bills/House%20Passed%20Legislature/1243.PL.pdf the law only provides for a defence if a felony occurs as a result of a breach of the conditions set out in the Bill. Reading the text it is still an offence to transmit or receive gambling information. It is only once prosecuted that the Bill allows ‘recreational purposes’ as a defence. Even so people being prosecuted still must provide evidence that the information in question was for ‘the defendants own enjoyment’.
Therefore there is no change to the blocked 11 states. “
There ya’all have it!
Thanks Jon Jon. So Online Gambling is still illegal in Washington State. The new law only allows for a “recreational use” defense if you are prosecuted.
What a waste of time for tax payers. :plain:
No, it is not illegal!
Should you be arrested for gambling online, all you have to say that it was for recreational use and you go home free. You will not have broken the law.
I think that is pretty clear cut.
Operating affiliate sites is still illegal.
If you arent breaking any laws then why would you be arrested in the first place? I am confused….
:1Dopey:
Quote:AN ACT Relating to providing an affirmative defense to unlawful
internet gambling if the defendant committed the offense in his or her
primary residence; and amending RCW 9.46.240.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
5 Sec. 1. RCW 9.46.240 and 2006 c 290 s 2 are each amended to read
as follows:(1) Whoever knowingly transmits or receives gambling information by
telephone, telegraph, radio, semaphore, the internet, a
telecommunications transmission system, or similar means, or knowingly
installs or maintains equipment for the transmission or receipt of
gambling information shall be guilty of a class C felony subject to the
penalty set forth in RCW 9A.20.021. However, this section shall not
apply to such information transmitted or received or equipment
installed or maintained relating to activities authorized by this
chapter or to any act or acts in furtherance thereof when conducted in
compliance with the provisions of this chapter and in accordance with
the rules adopted under this chapter.(2) In a prosecution for a violation of this section, it is an
affirmative defense, which the defendant must prove by a preponderance
of the evidence, that the defendant transmitted or received the
gambling information over the internet, or that the defendant installed
or maintained equipment for the transmission or receipt of gambling
information over the internet, in his or her primary residence for
recreational purposes. For purposes of this subsection, “recreational
purposes” means for the defendant’s own enjoyment and not as part of an
enterprise that derives income from operating an internet web site that
transmits or receives gambling information.The old law remains on the books, so theoretically you could get arrested for playing online.
However, if you do get arrested for playing online, all you have to do is say I played in my house for my enjoyment and they have to let you go.
Obviously no one is going to waste their time arresting you, so in effect you are free to play.
This is only for players, all other stuff is as illegal as always.
I assume leaving the old law on the books makes the amendment easier to push through. Changing an existing law is harder than amending it into oblivion.
That’s what I am hoping will happen to UIGEA, rather than being repealed entirely it should get amended and amended and amended until it is unenforceable.
What a waste of taxpayer money!
I should mention that I am not a lawyer and my writings are for your entertainment only and not to be construed as legal advice of any sort.
This comes to show you the anti-democratic stance the current lawmakers are taking.
Basicaly, they say you are guilty until proven innocent :bullshit:
From wiki:Presumption of innocence is a legal right that the accused in criminal trials has in many modern nations. It states that no person shall be considered guilty until finally convicted by a court.
in many authoritarian regimes the prosecution case is, in practice, believed by default unless the accused can prove he is innocent, a practice called presumption of guilt. Many people believe that presumption of guilt is unfair and even immoral because it allows the strategic targeting of any individual, since it’s often difficult to firmly establish proof of innocence
In one sense, authoritarianism describes a form of social control characterized by strict obedience to the authority of a state or organization, often maintaining and enforcing control through the use of oppressive measures. Authoritarian regimes are strongly hierarchical.
If Washington was a democratic state, the prosecutor would have to prove that you were not gambling online from home…
