The Washington State online gambling bill prohibits anyone from knowingly
transmitting or receiving wagers and/or other gambling information online. The
state of Washington is teeming with Indian casinos and their own lottery, so
communications about 'gambling' takes place on a daily basis in other
communication media. Senator Prentice was the mover behind SB 6613, the banning of
Internet gambling, and it has been alleged that she was the recipient of substantial
campaign donations from the Indian Casinos.
The law has been upgraded from a previous and similar statute to carry an
unranked felony penalty with a maximum of one year prison time and a fine.
The previous law, which was a misdemeanor, was never utilized to prosecute any
citizen of Washington State. Another interesting issue is that horse racing is
specifically excluded from SB 6613.
The Federal Wire Act and RECO take a similar stance and thus most online
gambling is originated outside this country. Free and "play money" gambling is not
included in the SB 6613 Bill, which is in conflict with the law as it states
any "transmission of gambling' information is illegal. Whether gambling is for
fun or profit, it is "gambling information" is it not?
The issue I find most interesting; is how the State proposes to enforce
such a law. Laws of our country that unenforceable are not really considered
valid. Common law waives the specifics of any law not enforced or enforced
randomly. The President alludes to this premise on the issue of illegal
immigration, since borders are not effectively guarded and the Feds do not want to
enforce illegal status through any police action, how can you "send these people
back' when they have been here so long? In the immigration issue, you must begin
to enforce immigration laws or admit that we no longer have any immigration
laws in this country. In the case of Washington, they must enforce SB 6613 or
there really is no law.
Now how will they enforce it? Go after known "gamblers." That would be
going after someone for by status as a "gambler" and it is illegal. It would be
like going after an Alcoholic without probable cause for some known illegal
action. You are breaking no law being a gambler or an alcoholic. Status which is
not a crime cannot be punished.
Will they look for online gamblers through their IRS returns? Sort of
puts a chill on getting anyone to report a win eh? Plus, it would be another
fishing expedition to look through everyone's tax return for online gambling.
Or will they resort to violating citizens civil rights by monitoring
telecommunications? Feds have been doing this sort of illegal "fishing"
expeditions for sometime now in the name of looking for terrorists-or Mafia--or drug
lords. Will they now use it to find out who is gambling online, break down their
home door and catch them in the act? Or will they look for credit card and
bank pay outs to online gambling concerns? For any of us, that thought it was
just fine to take away civil rights in the search of terrorist--or drug
organizations--I wander if it all seems OK when they may very well use the same tactics
to find your bingo or poker playing?
I suspect there will be no enforcement. In fact, I will be shocked if the
citizens of Washington do not rise up and question why they have a state
lottery, Indian Casinos, horse racing--but cannot communicate online about
gambling! Pretty amusing when you think about it--but than these people could be
spending their time and energy on doing something for the state and it becomes
less funny.
China
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