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Proposals to regulate illegal Internet gambling : hearing before the Committee on Banking, Housing, and Urban Affairs, United States Senate, One Hundred Eighth Congress, first session, on proposals to regulate illegal Internet gambling, including S. 627, to prevent the use of certain payments instruments, credit cards, and fund transfers for unlawful Internet gambling, March 18, 2003.
Proposals to regulate illegal Internet gambling: hearing before the Committee on Banking, Housing, and Urban Affairs, United States Senate, One Hundred Eighth Congress, first session, on proposals to regulate illegal Internet gambling, including S. 627, to prevent the use of certain payments instruments, credit cards, and fund transfers for unlawful Internet gambling, March 18, 2003.
This book presents a review of the federal criminal statutes implicated by conducting illegal gambling using the Internet. It also discusses some of the constitutional and practical difficulties associated with prosecuting illegal Internet gambling and closes with a summary of the proposed Internet Gambling Prohibition Act (S.474). Gambling is primarily a matter of state law, reinforced by federal law in instances where the presence of an interstate or foreign feature might otherwise frustrate the enforcement policies of state law. State officials and others have expressed concern that the Internet may be used to conduct illegal gambling. Illicit Internet gambling implicates six federal criminal statutes. It is a federal crime to (1) conduct an illegal gambling business, 18 USC 1955; (2) use the telephone or telecommunications to conduct an illegal business; (3) use the facilities of interstate commerce to facilitate conducting an illegal gambling operation; (4) commit a related series of these gambling crimes to acquire or operate an interstate commercial enterprise; (5) launder the proceeds from an illegal gambling business or to plow them back into the business; or (6) spend over $10,000 of the proceeds from an illegal gambling operation at any one time or place. Although prosecution of illegal Internet gambling will likely encounter constitutional challenges, practical difficulties imposed by offshore operations, encryption, remailers and the like will probably pose a more substantial obstacle.

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United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Technology, Terrorism, and Government Information

Published: 1999

Total Pages: 84


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United States. Congress. House. Committee on Financial Services. Subcommittee on Domestic and International Monetary Policy, Trade, and Technology

Published: 2008

Total Pages: 248


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This is examination of some of the federal criminal laws implicated by Internet gambling and of a few of the constitutional questions associated with their application. It is a federal crime: (1) to use telecommunications to conduct a gambling business; (2) to conduct a gambling business in violation of state law; (3) to travel interstate or overseas, or to use any other facility of interstate or foreign commerce, to facilitate the operation of an illegal gambling business; (4) to systematically commit these crimes in order to acquire or operate a commercial enterprise; (5) to launder the proceeds of an illegal gambling business or to plow them back into the business(6 to spend or deposit more than $10,000 of the proceeds of illegal gambling in any manner, or (7) since passage of the Unlawful Internet Gambling Enforcement Act, P.L. 109-347 (2006) (31 U.S.C. 5361-5367), for a gambling business to accept payment for illegal Internet gambling. Internet gambling implicates each of these provisions under some circumstances. Although prosecution in some instances may be limited by constitutional provisions relating to the Commerce Clause, Free Speech, and Due Process, in most instances impediments are likely to be practical rather than constitutional.