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Judge Rules in Favor
of iMEGA Online
Gambling Challenge
Breaking News - A
Superior Judge has
ruled in favor of
the challenge lodged
by an online
gambling trade
organization, iMEGA.
This story is still
developing.
Gambling911.com is
on top of this story
as the news broke at
12:15 pm EST
Thursday.
The Interactive
Media Entertainment
& Gaming Association
(iMEGA) today
applauded the
decision by Judge
Mary L. Cooper, of
the U.S. District
Court for the
District of New
Jersey, granting
iMEGA the standing
to pursue a
challenge of the
Unlawful Internet
Gambling Enforcement
Act (UIGEA). This is
a significant
victory for iMEGA in
the case of iMEGA v.
Gonzales, et al.
“Granting iMEGA
standing is a major
victory any way you
look at
it,”
said Eric M.
Bernstein, Esq.,
attorney for iMEGA.
“Judge Cooper’s
ruling holds that,
even with the
passage of UIGEA,
online gambling is
only illegal in
states where a
statute specifically
says it
is.”
“iMEGA is very
pleased that the
Court recognized our
standing and the
weaknesses in
UIGEA”
said Joe Brennan
Jr., the chairman of iMEGA.
“Judge
Cooper found that
banks, credit card
companies and other
payment system
instruments are
exempt from criminal
sanctions under UIGEA, significantly
undercutting UIGEA’s
enforcement
mechanism. Her
ruling echoes the
growing consensus of
opinion that UIGEA
is a fundamentally
flawed
statute.”
“We believe Judge
Cooper missed the
opportunity to
affirm
Americans’
online privacy
rights and we plan
to appeal to the
Third Circuit Court
of
Appeals,”
continued Bernstein.
“However,
her honor’s
decision
significantly
undercuts the
federal
government’s
argument that UIGEA
is a well-drafted,
effective and
enforceable law.”
UIGEA was passed in
the waning minutes
of the 109th
Congress with very
little input from
most Members of
Congress. iMEGA
filed suit to
challenge UIGEA on
June 5, 2007 and
oral arguments were
heard in the case on
September 26, 2007.
A decision has been
pending since that
date. In the
interim, the Federal
Reserve Board of
Governors and the
Department of the
Treasury have issued
proposed regulations
to implement UIGEA
and iMEGA and
numerous other
organizations, such
as the American
Bankers Association,
have filed comments
objecting to them.
“iMEGA supports the
use of effective,
existing
technologies to
protect children and
problem
gamblers,”
continued Brennan.
“Although UIGEA is purportedly
designed to limit
illegal Internet
gambling, it falls
woefully short of
having the ability
to accomplish that
purpose and fails
the American people
on a number of
fronts. If
promulgated, the
proposed regulations
would stifle online
innovation and
commerce;
inadequately protect
children by failing
to ensure adequate
safeguards; and have
a chilling effect on
the digital civil
rights of all
Americans.”
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Gambling911.com
originally published
March 6, 2008 12:18
pm EST
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