Legality of Online Poker
I have watched the huge uproar about online poker with somewhat indifferent caring. I have mixed feelings to say the least. As you all know, I am an attorney, and I do have great respect for our legal system. I will try, however conflicted I am, to explain my take on the legality of online poker as it stands now.
Legality of Online Poker
The recent uptick of activity by the Federal government's in an attempt to block online gaming in this country is real and tangible. Just ask the individuals that have been indicted and jailed while located within our great shores. However, the actual impact on the legality of poker sites themselves is still unclear. I am not going to go into how the new law(s) have changed the situation, that has been done already, and in an excellent manner. For a good description of these changes, go to www.cardplayer.com for a plethora of articles related to the overall legal changes.
It is easy to say, however, that the legality of online poker has not changed recently. If it was illegal twelve months ago, it still is. If it wasn't illegal, then it still isn't. Funding options are harder. This last fact alone will have the greatest impact as it will restrict the casual players ability to get money onto the sites.
My opinion (relax, this is only my opinion - which is not unbiased):
It is, or should be, illegal for a player to play online poker for real money in jurisdictions where poker is illegal. I have made, and heard, the argument that the computer server is where the game takes place. That is, in one word, bullshit. If poker is gambling, and gambling is restricted by local laws (which changes from state to state and is where this and all poker debates should lie), then the ability of a person to sit in their office, home, car, library, etc., and play poker is just as illegal as physically sitting at a poker table. If you can risk money, the site that the player risks the money is where that person places the bet. It does not matter if the other participants, including the entity allowing the betting, are in other locations that may allow poker or gambling. All that should matter in a legal sense is the locale of the person placing the bet.
I know that most, if not all, the readers of the blog will vehemently disagree with my opinion here. However, I would proffer that their respective arguments from them is just as biased as mine, just in reverse. The Weasel would be at the top of that list. He makes a damn nice living from online play, and he should do all he can to protect that right. But that argument is just selfish more than it is logical. He knows that he does not care where the server is located and if a site opened in Nebraska that offered the best structure and the worst players, then even if poker were illegal in Nebraska, he would still play that site regardless of the site's legality.
My bias is my inability to make money online. I know why, and it is not the site's fault. I have a discipline issue and the convenience of playing, both in any one game or in too many sessions or tables, is too much to overcome for me. I have UB and Pokerstars downloaded, but I only play play money triple draw and watch Kentucky Rock and The Weasel, when they are playing well in a tournament. I have $0.35 online at Full Contact, and nothing else. Daniel, you can have the $0.35. Consider it my contribution to your big game recoupment fund.
I welcome counter arguments. However, please make it logical and not emotional or wishful thinking. Until next time,
Good Luck and See You at the Felt..............
posted by Grip 'n Rip Poker @ 7:31 AM
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