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Extracted from: Internet Gambling in Nevada: Overview of Federal Law Affecting Assembly Bill 466, Courtesy of Liebert Publishing, Gambling Law Review In 1961, Congress enacted the Wire Act [57]as a part of series of antiracketeering laws.

861 (1963) (a criminal statute, such as the Wire Act should be strictly construed) [75] 18 U. De Marco, Assistant United States Attorney, Southern District of New York, Gambling Against Enforcement - Internet Sports Books and the Wire Act, supra, n. [72] See e.g., Cohen, 260 F.3d at 68 (the conviction of Antigua bookmaker who accepted wagers from New York was upheld as a violation of 18 U. [83] Moreover, the Congressional debates on this legislation concerned the bill's impact on "horse racing and other sporting events."[84] Congress' use of these different terms reflect its knowledge of the various forms of gambling, including traditional casino games or games of chance and specifically limited the Wire Act's application to sporting events or related contests.[85] This is evident from the statement of United States Senator Jon Kyl of Arizona as he introduced the Internet Gambling Prohibition Act of 1997. [86] Specifically, Senator Kyl stated that the bill was necessary, because "[i]t dispels any ambiguity by making it clear that all betting, including sports betting, is illegal. As a result, differing interpretations have arisen over the construction of the phrase "any sporting event or contest," and over whether the 40-year old Wire Act prohibits Internet gambling.

The interpretation of this language turns upon the determination of whether "sporting" is an adjective intended to modify both "event" and "contest." [73] Neither section 1084 nor the definitional section 1081 defines the term "sporting event or contest." A narrow construction would seem to suggest that the phrase is limited to sports-related activities. Currently, nonsports betting is interpreted as legal" [87] under the Wire Act. [88] Case law: most notably the recent decision by the United States District Court for the Eastern District of Louisiana, clearly supports this conclusion. ."[92] The case is currently on appeal to the Fifth Circuit. [98] See Adrian Goss, Jay Cohen's Brave New World: The Liability of Offshore Operators of Licensed Internet Casinos for Breach of United States Anti-Gambling Laws , 7 Rich. Profitez de la communauté, réagissez à l'actualité et échangez vos idées sur le forum.[90] The court held that the plain language of the Wire Act was limited to gambling on a sporting event or related contest. [94] Some have pointed to section 1084(d) and its reference to "common carriers" within the jurisdiction of the Federal Communications Commission to support the argument that "wire communication facility" is limited to telephone companies. ., the official position as expressed by the Justice Department [during the Clinton Administration] and several state attorneys general is to treat the Wire Act as applying broadly and covering all forms of Internet gaming." [98] End notes: [57] See Sporting Events – Transmission of Bets, Wagers, and Related Information Act, Pub.