Prohibition Reincarnated - The Uncertain Future of Online Gambling following the Unlawful Internet Gambling Enforcement Act of 2006
![handle is hein.journals/scid17 and id is 385 raw text is: PROHIBITION REINCARNATED? THE
UNCERTAIN FUTURE OF ONLINE
GAMBLING FOLLOWING THE
UNLAWFUL INTERNET GAMBLING
ENFORCEMENT ACT OF 2006
MICHAEL D. SCHMITT*
There is a practice around today that causes a lot ofproblems, damages
families, people lose their jobs, they get in debt. They do it in excess. It is
called drinking.... Prohibition didn't work for alcohol; it doesn't work
for gambling.
- Representative Barney Frank (D-MA)
152 Cong. Rec. H4985 (daily ed. Jul. 11, 2006)
I. INTRODUCTION
When President Bush signed the Security and Accountability For Every
(SAFE) Port Act into law on October 13, 2006,1 debate was immediately
sparked over the appropriateness of one aspect of the new law. The
controversy surrounded the inclusion of the Unlawful Internet Gambling
Enforcement Act (UIGEA) that was seemingly tacked on to the end of
a completely unrelated port security bill.2 Opponents to the UIGEA have
cried foul, saying that the Act was forced through Congress by attaching it
to the noncontroversial Port Act.3 In fact, some Congressmen and Senators
admit that they were not even allowed to see the final version of the
gambling bill before casting their votes.4 While this may raise issues
regarding political improprieties in Congress, challengers to the UIGEA
may be wasting their time by focusing on its alleged procedural
shortcomings. Instead, they should be focusing on a much more important
characteristic of the Act: that it simply will not work.
Despite its daunting title, the UIGEA actually does nothing to address
the legality of online gaming or describe what constitutes unlawful
. J.D. Candidate 2008, University of Southern California Law School. B.S. 2004, Boston College. I
finalized my research on this Note in the Fall of 2007. As the topic continues to evolve, I recommend
the following website to readers for reliable and up-to-date information:
http://www.compatiblepoker.com/usa.php#usapokerupdates. I would also like to thank my friends and
family for their support and for listening to all of my complaints and frustrations throughout this
P rocess.
Press Release, House Fin. Servs. Comm., President Enacts Leach Internet Gambling Law (Oct. 13,
2006) (on file with author).
2 See I. Nelson Rose, Congress Makes Sausages, 11 GAMING L. REv. 1, 1 (2007) [hereinafter Rose I].
3 See Rose I, supra note 2, at 1.
4 See id.](ViewImageLocal?handle=hein.journals/scid17&div=16&collection=journals&method=preview&ext=.png&size=3)
What Is HeinOnline?
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most