Online Poker Ban? Get Real!
Let me preface this page by saying
that I am not an attorney and you should certainly not take my words
as legal advice. However, I have extensively researched this
subject, received advice from those who are attorneys, and
have followed this legislation's progress every step of the way.
Here is what you need to know:
"Is the recent US legislation a
ban of online poker?"
Very simply put, "NO!!!". Where
did the misguided suggestion that the Unlawful Internet Gambling
Enforcement Act is in any shape or form an "online poker ban" come
from? Most likely, it is the result of the mainstream media doing a
horrendous job of covering the story.
The entire legislative process
for this bill has been a disgrace to our government and should have
received nationwide outrage and extensive media coverage. Instead,
newspapers and cable news channels glossed over the subject with
headlines like, "Online Gambling Made Illegal" or "Senate Decides to
Outlaw Online Gaming".
The preceding headlines are an
embarrassment to honest reporting and are fundamentally wrong in
their language. Online gambling has not been outlawed despite the
media's inaccuracies. I'd like you to keep in mind a few important
points about this bill as a poker player. It would be nice if the
media outlets would do the same:
1. FALSE: The UIGEA bans
online poker. In fact, the bill never even mentions
online poker. It doesn't single out poker, blackjack, roulette, or
any other skill or casino game. Many organizations, including the
Poker Players Alliance, are lobbying in Washington to gain an
exemption for poker from the bill.
Those sensible enough to
listen will realize that poker is a skill game and couldn't be more
different than casino games played against the house or sports
betting firms acting as quasi-legal bookies.
2. FALSE: The bill makes it a crime
to play poker or any other casino game online. Read that last
point again: it isn't illegal to play online poker. The legislation
passed never targets the individual player and was never intended
to. The US government doesn't care enough to throw people in
prison for playing $5 Sit 'n Goes.
The bill doesn't outline any
penalty for players or ban gameplay and it never will. In fact, in
the words of 25-year legal analyst and Cardplayer columnist Allyn
Jaffrey Shulman, "the legal landscape of online gaming has not
changed...the new bill does not make online gaming illegal."
What does the bill actually do? Read on.
3. TRUE: This legislation bans US
banks from working with international gambling sites, something that
has already been voluntary practice for years. That's what this
legislation is about - banking. It aims to decrease online gambling
by making it unlawful for US banks to send money directly to online
gambling operations.
What is so ridiculous about all this is that
almost all domestic credit cards and banks voluntarily stopped doing
business with gambling sites years ago! Have you ever tried to
deposit money at a poker site using your credit card? Most likely
the transaction was promptly blocked by your card-issuing bank.
Thus, your next option is to use
third-party payment services like
ePassporte. Most players used a similar
method before all of this legal garbage hit the fan. The beauty of
ePassporte is that this bill doesn't stop your bank from sending them
money.
ePassporte is the farthest thing from a gambling site and is
merely a payment processor that is used as a temporary stop before
shipping the funds to a poker site. The consensus amongst poker
analysts is that this was repetitive overkill that was simply passed
to cause fear and panic.
4. TRUE: US Courts have ruled that
the Wire Act of 1961 does not apply to poker or online gambling.
The Department of Justice would like to believe that the antiquated
Wire Act still applies today, making all forms of betting illegal
online. In fact, district courts have ruled the opposite as recently
as 2001 when a group of US bettors brought a lawsuit against a
major credit company. They refused to pay their bills for gambling
transactions and cited the Wire Act as their reasoning, claiming
that they should not be held liable since the online gambling sites
were committing a crime.
The judge emphatically ruled against the
bettors, citing the irrelevance of a 40-year old law that only
applies to accepting interstate telephone sports bets. Perhaps most
pleasing was the judge's statement that the spirit of the Wire Act
does not apply to modern-day internet gambling. Another fact to
consider is that there has never been a single arrest in this
country based simply on gambling online.
5.
TRUE: The motivation of this legislation was not based on morals.
Corrupt Senators like Bill Frist and John Kyl would like you to
believe that they forced this legislation through to protect us from
ourselves - already a massive destruction of civil liberties. They
make quotes comparing online gambling to crack. "Click the mouse and
lose your house," was one such quote of rhetorical nonsense. They'd
love for you to believe that they're simply restricting our choices
because, left to our own devices, we're unprincipled and sinful.
Unfortunately, even that "noble" cause wasn't their motivation.
It's all about money. International
gambling sites pay no US taxes and have no reason to. Our
government doesn't receive a slice of the pie so they decided to
just try to stop the money flow altogether. Instead of legalizing
and taxing online gambling like forward thinking countries in
Europe, a few special interests have thrust us our country into
another tailspin.
Do you think that I'm just biased?
Consider this: the bill carves out special exemptions for online bets
placed on horse racing and state lotteries. Yes, you read that
right: gambling that is taxed is completely legal. Is
throwing away your money on horse racing or quick picks less wrong
than playing online poker? Apparently, to people like Bill Frist
morality has a price.
"What should I take away from
all this?"
The most important concept of this
article is that online poker is still not a crime. The
Unlawful Internet Gambling Enforcement Act, passed in late September
2006, is not an online poker ban. The bill is entirely a
banking transaction and has nothing to do with the individual
player. Going even further, it doesn't even change the murky legal
status of online gambling. It does not set punishments for placing
bets and it doesn't target poker players. You can still play poker
online and that still isn't illegal for all the reasons I outlined
above.
"Why are poker sites shutting
down?"
Unfortunately, all of the publicly
traded online poker rooms have shut their doors to U.S. players.
Again, this has less to do with the actual legislation and more to
do with money. Companies like 888, PartyGaming, and Sportingbet have
stockholders to answer to. Investors will be extremely leery to do
business with a company that appears to be doing something risky on
the surface. The move is intended to cover their butts at the next
Board meeting. Consider that the majority of privately owned online
poker sites have stuck around whereas every publicly traded company
has bowed out of the US market.
"Where can I find more resources?"
We will continue to update this page
with news about this legislation. You can also visit our list of
US
online poker reviews, our quick roundup of
where to play poker from the US, easy
NETeller Alternatives, a list of
legal
poker sites, information on
USA
online poker, and all
deposit methods or
withdrawal methods.
"Where can I still play poker
online?"
Below is a list of several online poker
rooms that still accept deposits from US players and have no plans
of changing that policy. By going through our site, you're entitled
to increased deposit bonuses and promotions.
(Visit
site | Read full review)
Sportsbook Poker is a brand new poker site with sizeable
traffic accepting US players. To us, their largest draw comes in
their ability to process US credit cards directly from their
cashier without being blocked. Besides that, they have a terrible
player base and a large exclusive bonus for our players.
U.S. Credit Cards Are Not Blocked
Our Bonus:
100%
up to $1,000 + 10% instantly
Visit Sportsbook Poker
(Visit
site | Read full review)
Bodog is the
home of the instant cash bonus and a fearless attitude when it comes
to the US government. Here you'll find an overload of awful
players, easy banking, and quality software. It was once one of our
niche favorites but has since grown to one of the most popular poker
sites.
Our Bonus:
100% +
10% instantly
Visit
Bodog
(Visit
site | Read full review)
Full Tilt
Poker has really thrived since they decided to continue US
operations. They have the largest fleet of poker professionals and a
substantial deposit bonus. Their poker-only stance allows them to
work with a larger number of payment processors and
separates them from the legal wrath incurred by online
sportsbooks.
Our Bonus:
100%
good up to $600
Visit Full
Tilt Poker
(Visit
site | Read full review)
It's encouraging to see
Superbook
Poker open its doors and make a strong run at the US
market despite recent legislation. This is another online
poker room that utilizes payment processors that can
successfully handle US credit card deposits. Intending to
make an initial splash in the fight for US players, this
site is offering our new players a double deposit bonus.
U.S. Credit Cards Are Not Blocked
Our Bonus:
210% up to
$500 and $25 free bet
Visit
Superbook Poker
(Visit
site | Read full review)
Now the largest poker site in the world,
PokerStars isn't affected by this legislation. Besides the
massive traffic of their ring games they offer, in my opinion, the
best tournaments online.
Our Bonus:
100% good
up to $50
Visit PokerStars
(Visit
site | Read full review)
Players
Only Poker is another new poker room with their sights
firmly planted on the US online poker market. As this site
has opened up past the UIGEA legislation, one can clearly
see their intentions to stay open to US players
indefinitely.
U.S. Credit Cards Are Not Blocked
Our Bonus:
100% up
to $1,000 + 10% instantly
Visit
Players Only Poker
(Visit
site | Read full review)
Perhaps one of the oldest and most trusted online poker rooms still
around, Ultimate
Bet has seemed committed to working around this legislation
since the beginning. I don't expect them to go anywhere soon in
terms of accepting all players.
Our Bonus:
100%
good up to $650
Visit
Ultimate Bet
(Visit
site | Read full review)
Poker.com
has stated that they will continue to serve US players
indefinitely. Their big promotion is the abundance of freerolls,
which can be up to $20,000 for playing regularly on the site.
Our Bonus:
200% up
to $600
Visit Poker.com
|
