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US Congress Discussing Ban on Internet Gambling

Ricky Zamboni
Private citizen
Join date: 4 Jun 2004
Posts: 1,080
07-12-2006 09:01
From: Wrom Morrison
I was listening to news and it said this applied only if an USD transaction took place (they were talking about CC's/checks etc). In this cause, would gambling with L$ be something we need to be worried about?

I expect this is to differentiate true online gambling from fun sites that give all users some number of play tokens to goof around with. Now given that:

a) L$ are used within SL as an intermediary proxy to exchange items of value (the IP of SL's users)
and
b) L$ can be easily converted to USD through LL

I would imagine it would be difficult to argue that real-money equivalent transactions are not taking place. I doubt it would be adhering to the law if an online casino were allowing people to gamble with bartered service arrangements, in spite of the fact that no direct USD transaction is taking place...
Ricky Zamboni
Private citizen
Join date: 4 Jun 2004
Posts: 1,080
07-12-2006 09:03
From: Armandi Goodliffe
I believe the loophole that LL and SL gets to use is the fact that the L$ or any other content is not redeemable for monetary value directly from Linden Lab.

Is that actually true? If I buy L$, who is charging my credit card? LL is. When I sell L$, who sends the money to my PayPal account? LL does.

Sure, they are ostensibly acting as an intermediary between users, but at the end of the day, monetary transactions are being made *only* with LL.
Almarea Lumiere
Registered User
Join date: 6 May 2004
Posts: 258
07-12-2006 09:19
eBay Invites Internet Regulation, Backs Online Gambling Ban
by Radley Balko

Rep. Bob Goodlatte is in the process of pushing through Congress a bill that would "ban" Internet gambling. I've previously explained why the bill is bad public policy.

But since that column, it has come to light that online auction giant eBay has thrown its support behind Goodlatte's efforts. Why would an Internet company open its arms to congressional regulation of the Internet?

...

Relevant to SL in more than one way. Read the rest at: http://www.cato.org/pub_display.php?pub_id=6429
Armandi Goodliffe
Fantasy Mechanic
Join date: 2 Jan 2006
Posts: 144
07-12-2006 09:22
From: Ricky Zamboni
Is that actually true? If I buy L$, who is charging my credit card? LL is. When I sell L$, who sends the money to my PayPal account? LL does.


Read the TOS (http://secondlife.com/corporate/tos.php):

From: someone

1.4 Second Life "currency" is a limited license right available for purchase or free distribution at Linden Lab's discretion, and is not redeemable for monetary value from Linden Lab.

You acknowledge that the Service presently includes a component of in-world fictional currency ("Currency" or "Linden Dollars" or "L$";), which constitutes a limited license right to use a feature of our product when, as, and if allowed by Linden Lab. Linden Lab may charge fees for the right to use Linden Dollars, or may distribute Linden Dollars without charge, in its sole discretion. Regardless of terminology used, Linden Dollars represent a limited license right governed solely under the terms of this Agreement, and are not redeemable for any sum of money or monetary value from Linden Lab at any time. You agree that Linden Lab has the absolute right to manage, regulate, control, modify and/or eliminate such Currency as it sees fit in its sole discretion, and that Linden Lab will have no liability to you based on its exercise of such right.

5.2 All data on Linden Lab's servers are subject to deletion, alteration or transfer.

When using the Service, you may accumulate Content, Currency, objects, items, scripts, equipment, or other value or status indicators that reside as data on Linden Lab's servers. THESE DATA, AND ANY OTHER DATA, ACCOUNT HISTORY AND ACCOUNT NAMES RESIDING ON LINDEN LAB'S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN LINDEN LAB'S SOLE DISCRETION.

YOU ACKNOWLEDGE THAT, NOTWITHSTANDING ANY COPYRIGHT OR OTHER RIGHTS YOU MAY HAVE WITH RESPECT TO ITEMS YOU CREATE USING THE SERVICE, AND NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH CONTENT OR OTHER DATA BY YOU OR ANY THIRD PARTY, LINDEN LAB DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS (SUBJECT TO ANY UNDERLYING INTELLECTUAL PROPERTY RIGHTS IN THE CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON LINDEN LAB'S SERVERS.

YOU UNDERSTAND AND AGREE THAT LINDEN LAB HAS THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY CONTENT (INCLUDING YOUR CONTENT) IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND.



So, not only do they say that LL will not redeemable it, but that they can change your L$ balance at anytime to anything they want. When you gamble with L$, LL owns the "currency" and when it goes to another user LL still owns it.
Pallmor Bergman
Registered User
Join date: 1 Mar 2005
Posts: 50
07-12-2006 09:30
From: Cindy Claveau
The real sums of money are insignificant and the method of payment doesn't fit into their real targets in online casinos.


You can bet that, if it passes (and I doubt it), there will be provisions for this sort of dodge (i.e., paying out in "fake money" instead of real money, fake money that can then be exchanged for real money).

They had similar provisions to combat "video poker" in many states, so you couldn't just get out of it by saying the machine was just paying out in "tokens" instead of real money (of course, the tokens could then be exchanged for real money).

If it passed, gambling in SL would be illegal. But, don't worry, I suspect it's just election-year postering by conservative bible-belters.

-Pall
Linnian Sugar
Registered User
Join date: 30 Mar 2005
Posts: 31
07-12-2006 09:34
From: Io Zeno
It's stupid and will never happen. How will they deal with companies located in other countries or servers that host the games elsewhere?

Congress wastes a lot of time grandstanding over issues they aren't going to do a damn thing about. In fact that describes Congress pretty acurately on any given day.


I don know, they sure seem to mean it when it comes to spending and stripping our freedoms
Pallmor Bergman
Registered User
Join date: 1 Mar 2005
Posts: 50
07-12-2006 09:35
From: DoteDote Edison
The house passed the legislation, but it does not make internet gambling illegal. The WTO has already decided that the United States Congress has no right to make non-U.S.-based internet gambling illegal.


Well, of course. But the question raised was about SL gambling. And LL, as a U.S.-based company is, of course, MOST DEFINITELY subject to U.S. law.

-Pall
Shep Korvin
The Lucky Chair Guy
Join date: 30 Jun 2005
Posts: 305
07-12-2006 09:36
From: Armandi Goodliffe
I believe the loophole that LL and SL gets to use is the fact that the L$ or any other content is not redeemable for monetary value directly from Linden Lab.


The legislation says: "merchandise, money, representative or articles of value, checks, or tokens, redeemable in, or exchangeable for money or any other thing of value." - it doesn't put any limitation on who you redeem that value from, as such.

Of course, I'm sure LL's ruthlessly efficient team of crack commando legal advisors have already looked into this - since gambling is arguably the #1 money earner in SL at the moment - and could tell us exactly what kind of legal exposure users have if they run a casino in SL....
Ricky Zamboni
Private citizen
Join date: 4 Jun 2004
Posts: 1,080
07-12-2006 09:38
From: Armandi Goodliffe
Read the TOS (http://secondlife.com/corporate/tos.php):

So, not only do they say that LL will not redeemable it, but that they can change your L$ balance at anytime to anything they want. When you gamble with L$, LL owns the "currency" and when it goes to another user LL still owns it.

*sigh*

The TOS is only as binding as a court of law judges it to be. Despite LL's claim that L$ are worthless, you don't own them, etc., if the U.S. government decides to go after LL for promoting internet gambling, then a *court of law* will rule whether or not what they say in their TOS is true, and if the language shields them.

If the court rules against them, and decides that depite the language of the TOS, L$ are treated as a proxy for something of value, then LL would be liable regardless of what their TOS says.

Edited to add: In addition, the fact that a user can pay USD to LL and get L$ added to their account, or have L$ debited from their account and get USD from LL really detracts from their credibility viz a viz "L$ have to value"
katykiwi Moonflower
Esquirette
Join date: 5 Dec 2003
Posts: 1,489
07-12-2006 09:42
From: Io Zeno
It's stupid and will never happen. .
It is already half way into existence.

The House voted 317-93 to approve a bill banning use of a credit card and other forms of payment to pay for online gambling. This doesnt ban the gambling activity per se, but renders it impossible to participate in if the gambler cannot pay.

The law also updates and clarifies the language to make it clearer that most online gambling is illegal. State lotteries and horse racing are exempt.

The bill now moves on to the Senate for approval where there has not been a lot of opposition expressed.

Bush seems like the kind of man who would welcome this and so a veto does not seem likely. If the Senate approves this bill it could be passed quickly and put into effect as soon as the code and regulations are drafted. This would include a definitions sections defining the scope of payment, and could possibly reach to third party scrip online gaming systems such as what we see inside SL casinos.

I have not read the legislation so far, but if it meets Senate approval and is signed into law by the President, I wonder what impact it will have on casino gambling inside SL.
_____________________
Armandi Goodliffe
Fantasy Mechanic
Join date: 2 Jan 2006
Posts: 144
07-12-2006 10:03
First, this takes on many of the problems that the IRS encounted when they started thinking about taxing people for gains in WoW and other MMORPG games. (The idea didn't go far)

Second, Even if it has value, how would law enforcement go about enforcing the law in SL. LL has enough trouble enforcing rules and an unenforcable law might as well not exist.

Third, Sigh at someone else, It's part of the agreement between you and LL, it's valid to the discussion. So shove it.
katykiwi Moonflower
Esquirette
Join date: 5 Dec 2003
Posts: 1,489
07-12-2006 10:43
From: Armandi Goodliffe
First, this takes on many of the problems that the IRS encounted when they started thinking about taxing people for gains in WoW and other MMORPG games. (The idea didn't go far)

Second, Even if it has value, how would law enforcement go about enforcing the law in SL. LL has enough trouble enforcing rules and an unenforcable law might as well not exist.

Third, Sigh at someone else, It's part of the agreement between you and LL, it's valid to the discussion. So shove it.
You have to understand what is occuring in order to comprehend how this could impact SL. The House of Representatives cannot ban online gambling per se. The House controls the purse strings for the US and it regularly controls behavior by passing laws relating to funding and money.

The Second Life TOS is irrelevant and I am not sure why it has been made part of this discussion. The United States Congress is not bound by the TOS and nothing in the TOS would supercede the US Code.

If passed into law this legislation would make payment for online gambling impossible. If the legislators define "gambling" and "payment" broadly enough to encompass third party mechanisms for payment, then this law has the potential to reach online gambling in venues such as we see inside SL.

Enforcement would not be a major problem and would not be an issue that I foresee being the one that would stop passage by the Senate. The law, if passed, would assign enforcement responsibilites to a particular government agency that Congress deems is best equipped for monitoring and enforcement. One method of enforcement could be to require online gambling entities to provide payment information on its US users. If the request is met with refusal then that entity would become a site banned within the US.

Demanding financial account records for users of an internet site is not a new step for the US government. This past April the IRS made a demand via a summons issued in the US District Court that Paypal turn over account records relating to credit card and bank transactions going back to 1999.

If this bill ends up as law then a look at its scope and definitions will be needed to
determine whether it is broad enough to reach the gambling activity inside SL.
_____________________
Ricky Zamboni
Private citizen
Join date: 4 Jun 2004
Posts: 1,080
07-12-2006 10:46
From: Armandi Goodliffe
First, this takes on many of the problems that the IRS encounted when they started thinking about taxing people for gains in WoW and other MMORPG games. (The idea didn't go far)

Second, Even if it has value, how would law enforcement go about enforcing the law in SL. LL has enough trouble enforcing rules and an unenforcable law might as well not exist.

Third, Sigh at someone else, It's part of the agreement between you and LL, it's valid to the discussion. So shove it.

Do you really think if law enforcement knocked on Philips door and said, "eliminate gambling in your system or we'll close you down", they wouldn't hire a team to police SL the very next day?

What exactly would you like me to shove? If you're going to quote the TOS and expect it to be treated as gospel, you should expect that assertion to be questioned and not get overly defensive when someone heaps scorn on that notion.
Hiro Pendragon
bye bye f0rums!
Join date: 22 Jan 2004
Posts: 5,905
07-12-2006 11:17
http://www.wired.com/news/technology/internet/0,71368-0.html?tw=rss.index

Wired magazine reports that Congress passed the bill 317-93
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Hiro Pendragon
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Zoe Llewelyn
Asylum Inmate
Join date: 15 Jun 2004
Posts: 502
07-12-2006 11:27
From: Hiro Pendragon
http://www.wired.com/news/technology/internet/0,71368-0.html?tw=rss.index

Wired magazine reports that Congress passed the bill 317-93


Incorrect. The House of Representatives passed the bill. The Senate has yet to take up this bill, and even if they passed it too, the President still has to sign it for it to have any meaning at all. The "Congress" has only half passed this bill...
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Cindy Claveau
Gignowanasanafonicon
Join date: 16 May 2005
Posts: 2,008
07-12-2006 11:41
From: katykiwi Moonflower
If passed into law this legislation would make payment for online gambling impossible. If the legislators define "gambling" and "payment" broadly enough to encompass third party mechanisms for payment, then this law has the potential to reach online gambling in venues such as we see inside SL.

So then doesn't the question for the CC providers become whether Second Life is a "gambling" venue? If I pay $3.62 US for 1000$L and I use, say, $200L of that to gamble but shop with the remainder of it, I've spent $0.97 to gamble (I spend more than that every year in office NCAA tournament pools). I might or might not win any $L with that, but it boils down to the fact that SL is not primarily a gambling venue, doesn't it?

House passes bill (MSNBC)
From: someone
Supporters of the bill, who include religious and "family values" advocacy groups, say online gambling sites prey on young people and gambling addicts, and that they are often money laundering fronts for organised crime and terrorist groups.
"This legislation provides real protection to American families from destructive and unlawful internet gambling," said Tom McClusky of the Family Research Council, a conservative advocacy group.

Bob Goodlatte, a Hourse Republican sponsor of the bill, blamed online betting for "moral decline". Jon Kyl, a Republican senator, lauded the bill's passage, saying internet gambling was as perniciously addictive as "crack cocaine".

The bill's opponents accuse Republicans of playing to socially conservative and religious voters ahead of the midterm elections in November, and say it would be impossible to enforce the measures without encroaching on civil liberties.

"What kind of socio-cultural authoritarianism are we practicing here?" asked Barney Frank, a Democratic congressman.

A better option, critics say, would be to regulate online gambling, rather than outlawing it. "Prohibition didn't work for alcohol, and it won't work for gambling," said Mr Frank.

From: someone

With few working days left ahead of the November elections, it is unclear whether the Senate, currently muddling through thorny debates on immigration reform and government spending, will address this bill before years' end.
_____________________
Ricky Zamboni
Private citizen
Join date: 4 Jun 2004
Posts: 1,080
07-12-2006 11:55
From: Cindy Claveau
So then doesn't the question for the CC providers become whether Second Life is a "gambling" venue? If I pay $3.62 US for 1000$L and I use, say, $200L of that to gamble but shop with the remainder of it, I've spent $0.97 to gamble (I spend more than that every year in office NCAA tournament pools). I might or might not win any $L with that, but it boils down to the fact that SL is not primarily a gambling venue, doesn't it?

House passes bill (MSNBC)

I haven't read the text of the bill, but I highly doubt it includes the word "primarily". If that were the case, what would stop every website in the land from including a few games of chance? "Amazon.com -- now with online video poker!"
Alazarin Mondrian
Teh Trippy Hippie Dragon
Join date: 4 Apr 2005
Posts: 1,549
07-12-2006 12:06
I have never used any internet gambling site, let alone any of the gambling facilities in SL, but I feel that the proposed legislation has more than a whiff of the Volstead act and King Canute to it. However, as Hiro pointed out earlier, if the domestic US gambling industry is losing out to internet gambling sites based in other countries, there is a high likelihood that the act will become law. Most likely as a protectionist measure to bolster domestic industries.
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Pallmor Bergman
Registered User
Join date: 1 Mar 2005
Posts: 50
07-12-2006 12:16
From: Armandi Goodliffe
Second, Even if it has value, how would law enforcement go about enforcing the law in SL.


By kicking down the doors at Linden Labs and seizing all their servers, I imagine.

-Pall
Hiro Pendragon
bye bye f0rums!
Join date: 22 Jan 2004
Posts: 5,905
07-12-2006 12:41
From: Pallmor Bergman
By kicking down the doors at Linden Labs and seizing all their servers, I imagine.

-Pall

It's a good thing the servers are located in another building :)
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Hiro Pendragon
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katykiwi Moonflower
Esquirette
Join date: 5 Dec 2003
Posts: 1,489
07-12-2006 15:01
From: Cindy Claveau
So then doesn't the question for the CC providers become whether Second Life is a "gambling" venue? If I pay $3.62 US for 1000$L and I use, say, $200L of that to gamble but shop with the remainder of it, I've spent $0.97 to gamble (I spend more than that every year in office NCAA tournament pools). I might or might not win any $L with that, but it boils down to the fact that SL is not primarily a gambling venue, doesn't it?
The definition wont come from a CC provider; it will come from the language in the US code and regulations itself.

I think the real intent behind this legistation is looking for hidden income and tax revenue, that same old same old legistative motivator. It's easier for some conservative politicians to face their constituency playing the morality card especially if that garners additional votes in the upcoming November elections.

Another motivation supporting this legislation is that there is state support for it. Offshore and other online gambling takes business away from state supported casinos. When people gamble in a state supported casino, the state gets tax revenue and can track winnings. If you walk through these casinos you will often see state casino control offices located right in the casino gambling area ready to grap a cut for taxes before the check is even cut to the winner. So not only does Uncle Sam want to track all the income from the online gambling, so do all the states.

The only objection i have seen on the state level comes from online domestic horse betting and state lotteries, which is why these two methods of gambling are exempted from the proposed legislation.

As I am sure you have seen, most legislative language is deliberately drafted with a broad pen so that it can encompass many various circumstances. There has been growing attention brought to income derived from virtual venues such as SL especially by mainstream articles such as the Business Week article that featured Anshe Chung. It is inevitable that the US government will take notice,and want to ensure that it gets its cut with taxes.
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Armandi Goodliffe
Fantasy Mechanic
Join date: 2 Jan 2006
Posts: 144
07-12-2006 15:05
From: Pallmor Bergman
By kicking down the doors at Linden Labs and seizing all their servers, I imagine.

-Pall


If they aren't enforcing laws on prostitution, why are they going to enforce them on gambling? It's the seperation of concept just about that same? Do you think they will try to outlaw prostitution in things like SL once they find out it is happening. . .could they charge someone with sexual tourism if the person they are cybering with is in a different country?
katykiwi Moonflower
Esquirette
Join date: 5 Dec 2003
Posts: 1,489
07-12-2006 15:13
From: Armandi Goodliffe
If they aren't enforcing laws on prostitution, why are they going to enforce them on gambling? It's the seperation of concept just about that same? Do you think they will try to outlaw prostitution in things like SL once they find out it is happening. . .could they charge someone with sexual tourism if the person they are cybering with is in a different country?
The motivation for enforcement of the gambling law is money via tax revenue, and not morality, regardless of the political hype. There is a big distinction.
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Chaduke Sismondi
Registered User
Join date: 2 May 2006
Posts: 1
07-12-2006 17:30
Suppose I created a website that featured an online poker game. Players would pay a monthly fee to play, but they would also get a monthly stipend of 500 chips for being a subscriber. So far does this seem legal? When exactly does it become illegal to charge someone to play a game?
Let's take it a step further and say I provide the ability for players to transfer chips to each other. At this point the players who win often could start selling them on e-bay. I could even provide a method for players to buy and sell chips to each other thru the site, and perhaps even collect a small fee on the transaction. Did it become illegal yet? If so, in what ways does this differ in terms of legality compared to what happens in Second Life?
I find this whole issue quite fascinating on many levels. I'd also like to discuss the idea of US casinos offering their services online, why doesn't that happen, and why wouldn't Congress want that to happen.
DoteDote Edison
Thinks Too Much
Join date: 6 Jun 2004
Posts: 790
07-12-2006 17:41
From: Armandi Goodliffe
If they aren't enforcing laws on prostitution, why are they going to enforce them on gambling? It's the seperation of concept just about that same? Do you think they will try to outlaw prostitution in things like SL once they find out it is happening. . .could they charge someone with sexual tourism if the person they are cybering with is in a different country?
FYI, sex requires at least two people to engage in active, physical contact. It is not illegal for an adult to diddle during cyber sex, phone sex, or while watching porn (which is what the SL adult industry is all about, I would guess.)
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