According the the United States Department of Justice, internet poker is illegal. When State Rep. Jim Kasper of the North Dakota House of Representatives passed his bill to legalize online poker through the North Dakota House, the DOJ sent a nasty letter that effectively killed the bill in the North Dakota Senate. The letter basically said that online poker might just possibly be illegal in the USA and there is a possibility of applying certain clauses of certain laws to try to maybe prosecute. It was a load of bullshit but it did the trick. The bill was killed.
So is online poker illegal?
It would seem that the United States Senate does not think so. If it were clear that internet poker was illegal, there would be no need for Senator Jon Kyl to continuously add riders to appropriations and transportation bills to outlaw it. Kyl and the DOJ both point to the Wire Act, which prohibits using phone lines to place bets on sports across state lines. Unfortunately, the Wire Act specifically mentions sports betting, no other type of gaming. Hence the desperate need for him to pass legislation to outlaw online poker.
Legal experts also agree that the DOJ would lose a confrontation in court if they pushed the issue. The problem is that no one is willing to spend the money necessary to try a case against the DOJ. Their resources are virtually limitless.
Why Should Online Poker be Allowed in the US?
As we mentioned in our article about the online poker pyramid ponzi, keeping US dollars in the US will help the internet poker industry survive by funneling its profit back into the economy that produced them. This money would flow back into the coffers of the states in the form of tax revenues and new job creation. That is exactly how Rep. Kasper is viewing the issue. Should online poker become legal in the US, not only would the state where it is based become enriched, but the whole of the United States and the poker industry as a whole would benefit. By explicitly allowing internet poker in the US, the industry would gain additional legitimacy and sustainability.
What is Being Done to Legalize Online Poker?
North Dakota State Representative Jim Kasper is not done. The DOJ's threats stopped the legislature, but it cannot stop the voice of the people. Rep. Kasper is planning to raise money to push a ballot initiative in 2006. Once the people of North Dakota approves the measure, it will automatically go to the courts. The North Dakota Attorney General will sue the DOJ for the right to host online poker operators. We will get some hot government on government action and eventually see the floodgates open.
Representative Kasper has spoken to the online poker industry looking for support, but there is only so much he can do. With any luck, he will seek funding from grassroots sources online. You can bet that Poker-Sucks.com will participate. Perhaps with his help we can make poker suck a little bit less.
