Internet gaming is a politically charged issue in the United States and elsewhere - Essay Example

Internet gaming is a politically charged issue in the United s and elsewhere In the United States, the gaming industry is in the middle of being revolutionized. The casinos that once dominated the scene in Las Vegas are now being gradually replaced by technology and its convenience. The new generation of gamblers has left the casinos speechless, at least the physical ones. Internet based gambling and other games have increased rapidly and it seems to be an inevitable change in society. The issue is where the locus of control for these games should be since they are politically charged. Even though the Federal Wire Act seems to have condemned this form of gaming especially for gambling in which money is wired or transferred, it seems to be the inevitable shift in society. Especially since the Act is only for operators and it doesn’t take into account foreign owned internet games, it isn’t efficient and doesn’t work well. However, the conclusion it seems is to do a cost benefit analysis of its benefits and risks and weigh them against each other to decide and make an informed call as to whether internet gambling should be legal, or regulated. Apart from internet gambling, there are many other types of internet games that have posed problems in the past and present. Casino games and other games left to chance such as the lottery are called ‘games of chance.’ And no federal law specifically prohibits casino games and there are regulations in many states that are pending or have not been passed, and it is allowed openly in Nevada except in the case of non-house banked poker. There are also no open laws in every state against lotteries and therefore they are continued. Other online applications such as Apple’s came on the Iphone based on Foxconn was removed because it led to suicide, and this is an explanation as to why this industry is a politically loaded one. (New Jersey. Legislature. General Assembly. Commerce) This suicide raised questions about whose responsibility it was; Apple’s because it invented the Iphone and the game? Or the government because it was supposed to enact the laws that weren’t even widely understood? Such issues make it difficult to take these situations in hand especially if it has led to an incident such as a suicide already; then one can only do damage control. Also legalizing gambling online has many casino owners in a worry, because that is their business and how they earn since 50 years. And many of them have been fed because of the income they earn from their casinos and therefore legalizing online gambling is a threat to their entire life’s worth. Sports wagering isn’t legal interstate but even horse racing is legal and multi skilled games such as poker are being debated over; but the change seems imminent and once that happens, the government will have to decide whose responsibility it is to overcome the problems and barriers it presents for the people who have been earning an income by other means for years and how they will be adapt to the new scenario, as well as the issues that the internet gaming business will bring in. It seems like the new revolution is imminent in the modern world and thus will happen and stopping it will only create further issues; the society must move forward with technology and deal with all its vices separately. (Rose and Owne) Internet gambling has different regulatory control concerns than traditional land based gaming. Take one area of gaming regulation and describe the differences between the regulation of internet gambling and traditional casino gaming. Before discussing the different regulations regarding gaming, be it traditional or internet gaming, one must see the definition of an illegal business, such as gambling. Illegal gambling business is when there is a violation of the laws set by the State or a political subdivision which has set the law and conducts it. It also needs to be between five or more people who will own the business, finance it, or be a part of the business in any other way. And lastly, if the business has been in an operation for more than thirty days, or if it has made revenue of around $2000 per day, then it is believed to be an illegal gambling business. A law on the traditional gambling system is the ‘Illegal Gambling Business Act’ which states that anybody who is participating in a gambling business apart from their position as a better may be liable as criminals. This holds for all employees notwithstanding their level in the hierarchy. There are many questions regarding the conduct of an illegal business and one of the Court’s rules is that a business that is illegal is proven so if their vested financial interest and participation is proven to the court. Conduct it is believed is any participation in the illegal business regardless of the level of involvement and it only doesn’t apply to the customers of the business. Many courts believe that businessmen can be tested by seeing if the person has conducted any such act or taken any part or even helped in the functioning of the illegal business. Some cases, all the employees cannot be pinpointed, such as the janitor of the casino, however in some cases, those that do not appear as participants may very well be participants. (GAINSBURY) However, the Unlawful Internet Gambling Enforcement Act of 2006 shows the difference between the two illegal businesses. Those who are involved and are liable are those who have the knowledge and yet accept the illegal business, and they process money through electronic transfers, checks and credit cards. They are also related to the bettor; however they are similar to traditional business in the sense that they also violate other federal or state laws regarding gambling. Just participating in online betting doesn’t entail a person as a criminal according to the Act and it allows the regulators 270 days to adopt the regulations set for financing and other provisions of the business. There are also certain remedies provided in section 5365 of the Act which believe that the remedies include that the Internet service should be ordered into shutting down any access to the website of the business which violates the provisions aforementioned, or any other website that has hyperlinks to any sites to whom access needs to be banned. The internet service provider need only be approached since they host the particular website. Those of other websites shouldn’t be approached because they cannot provide the remedy. In this regard then internet gaming has different regulations and the difference regarding the gambling, or chance games have been considered. (Evans) Sports wagering is legal in Nevada but generally illegal under federal law. Describe why that is the case and the arguments for and against the legalization of sports wagering on a national basis Sports wagering is illegal in most states in the United States and in some states there is an ongoing debate about its legalization. Single game wagering in fact is only legal in Nevada and that too because of the enactment of PASPA (Professional and Amateur Sports Protection Act). PASPA states that it is illegal to operate, sponsor, promote, advertise or pursue any act such as the lottery or any other gambling or betting act which has a basis on the competitive games that athletes take part in, whether they be professionals or amateurs, or they plan to take part in one f these games. However, other states are also in the consideration of accepting legalization of such games. So what are the benefits and issues of this legalization? Gambling and wagering are an outlet for people and a recreational facility that saves them from greater vices. People take part in these activities without any pressure on them and they receive a benefit in return. Thus this wagering is similar to any other recreational facility like television shows and seems to be harmless. It also has an element of risk attached to it and thus this might be a way for them to undertake challenges that excite and stimulate them. Especially related to sports wagering is the thrill of a win or loss that is unanticipated and made only on informed guesses. People use this outlet for many other reasons as well; they want a break from their mundane routines and they want to run after something thrilling. Everyone seems to derive a separate thrill from this activity and it seems to cater to all individuals. (Walter T Champion and Rose) The people who also take part in gambling identify an opportunity for themselves counter to the risk and thus they are risk-preferring individuals who have done a cost benefit analysis of their gamble in sports. Thus they thrive on the financial gain as well the excitement of the game. So why do many critics consider this to be a sport that shouldn’t be legalized and is actually bad for the economy? Most critics believe that people bet on sports because they anticipate a higher return and this inculcates greed and expectation and drives out the fun of the bet. The outcome is the most important part of the game and not the thrill and the feeling of the game. It also gives gamblers the false perception that they are building a social circle and esteem, but they may be losing heaps of money in this process and they don’t even realize it. Sports wagering tests the skills of the participants and an opportunity to try out their luck. There is a great deal of social costs attached to gambling, such as a pathological disease that rules their life. Wagers lead to their owners being in piles of debt since they keep wagering and are unable to pay in case they lose and this leads them to lose many of their assets and eventually declare themselves as bankrupt. There has been a rise in bankruptcy and gambling simultaneously in US which has led to such a concern as well. However, most of the opportunities outweigh the costs and this means that even though there are some social and economic costs attached to gambling, there isn’t enough empirical evidence to prove that bankruptcy is directly linked to wagering and gambling particularly. Therefore it should be legalized and lastly, legalization often reduces the appeal of a sport in any case, therefore this would be a win-win situation. (Association), Justice. and Section.) Works Cited Association), Center for Continuing Legal Education (American Bar, American Bar Association. Section of Criminal Justice. and State Bar of Nevada. Gaming Law Section. Gaming enforcement III. 1999. Evans, Woody. Information dynamics in virtual worlds : gaming and beyond. Oxford, 2011. GAINSBURY, SALLY. Internet gambling. 2012. New Jersey. Legislature. General Assembly. Commerce, Tourism, Gaming, and Military and Veterans Affairs Committee. Public hearing before Assembly Commerce, Tourism, Gaming and Military and Veterans Affairs Committee : testimony on the feasibility of authorizing and regulating Internet gambling in New Jersey : Committee Room 11, State House Annex, Trenton, New Jersey,. New Jersey, 2000. Rose, I Nelson and Martin D Owne. Internet gaming law : gambling and the law. N.Y, 2009. Walter T Champion, Jr. and I Nelson Rose. Gaming law in a nutshell. 2012. Read More