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WA Law Means Linking to Gambling Websites Illegal

tpoker writes "Following a previous story on Washington State making online gambling a felony, the Seattle Times reports that the first legal salvos have begun. 'The first casualty in the state's war on Internet gambling is a local Web site where nobody was actually doing any gambling. What a Bellingham man did on his site was write about online gambling. He reviewed Internet casinos. He had links to them, and ran ads by them. All that, says the state -- the ads, the linking, even the discussing -- violates a new state law barring online wagering or using the Internet to transmit 'gambling information ... Telling people how to gamble online, where to do it, giving a link to it -- that's all obviously enabling something that is illegal.'"

51 of 300 comments (clear)

  1. Plus Side? by Azarael · · Score: 3, Interesting

    Maybe this will provide some legal leverage to go after people who spam blogs and forums with adds for online poker, etc?

    1. Re:Plus Side? by Iphtashu+Fitz · · Score: 2, Informative

      Maybe this will provide some legal leverage to go after people who spam blogs and forums with adds for online poker, etc?

      Don't count on it. WA state laws have no effect on blogs and/or bloggers located in other states, much less the activities of casinos located outside the USA. How could a state law (not even a federal one) have any impact on a casino operator operating in the Dominican Republic?

    2. Re:Plus Side? by Azarael · · Score: 2

      Interesting point, but that would be pretty much like killing a bug with a jackhammer. When you're wiping out large swaths of the Internet just to get at a small group of people, that's a pretty good indication that you're fighting a loosing battle. I wouldn't necessarily put it past some idiot lawmaker to try that, but I can't see it standing for too long.

    3. Re:Plus Side? by Elemenope · · Score: 2, Interesting

      Don't count on it. WA state laws have no effect on blogs and/or bloggers located in other states

      Don't count on that. Each state, via Article IV (section 2) of that fantastic federal constitution of ours provides for extradition between states, it is still not clear how juristidictional issues resolve (is the location of the crime client side? Server side? Both? Is there an interstate element (and hence under federal jurisdiction)?) What happens when a bank robber flees to the Dominican Republic? Do we throw up our hands and say 'well, he's just too damn wily for us!'?

      --
      All the techniques ever used to make men moral have been themselves thoroughly immoral... (Nietzsche)
    4. Re:Plus Side? by Iphtashu+Fitz · · Score: 2, Informative

      What happens when a bank robber flees to the Dominican Republic? Do we throw up our hands and say 'well, he's just too damn wily for us!'?

      No, but in that case it's up to federal law enforcement to deal with it. As soon as they cross outside of the state of WA it becomes a federal offense. Once they cross the US border it becomes an issue for both US and foriegn federal law enforcement officials. It's the federal government that has extradition laws, not each state. Since there's no corresponding federal law on the books there's nothing WA police can do to casino operators in the Dominican Republic. And considering online gambling is apparently legal in the Dominican Republic I also doubt the any extradition treaties we have with them would be valid. Extradition treaties deal with issues that are illegal in both countries (murder, bank robbery, etc), not social issues that may be legal in one country and illegal in the other.

    5. Re:Plus Side? by tinkerghost · · Score: 2, Informative

      Per the obscenity lawsuits, the crime happens whereever they decide they can get the most favorable verdict.
      IE., a prosecuter in WA can decide that the Nevada site www.poker-n-prostitutes.com [not real (I hope)] violates the WA statute & initiate an extradition request for the owner of the site.
      Personnally I think this is a waste of time since it's going to be hammered on the 1st ammendment level. But that's government for you, if they have the choice to do something or to create a worthless law to waste everyones time & interfier with our lives ... they don't have to think long before starting to start protecting us from ourselves.
      Check out CNN .... guy was just charged with aiding his wife to commit suicide by
      ...
      wait for it
      getting out of the minivan at a reststop.
      Yep, I am thinking bikini atol is starting to sound nicer every week. What's a little cancer compaired to this kind of crap.

  2. Unconstitutionality approaching. by sglider · · Score: 4, Insightful

    I give it a year before it's struck down as unconstitutional.

    --
    War isn't about who's right. It's about who's left.
    1. Re:Unconstitutionality approaching. by sconeu · · Score: 5, Funny

      What do you mean? If we allow online gambling, the terrorists have won! Won't you Think Of The Children(tm)?

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    2. Re:Unconstitutionality approaching. by dubmun · · Score: 2, Interesting

      Conservatives are very ardent about this subject and have controlling interest in our three branches of government right now. I don't see this being overturned so soon, if ever.

      States that currently allow gambling in all it's forms (read: Nevada) will allow online gambling but I believe other states will start to follow Washington's example over the next year.

      --
      (end of post)
    3. Re:Unconstitutionality approaching. by tomhudson · · Score: 3, Funny

      I say betwee n 3 and 4 ... wanna bet?

  3. Bets? by Rob+T+Firefly · · Score: 4, Funny

    Ten bucks says they find a way to lead Google away in handcuffs.

    1. Re:Bets? by kimvette · · Score: 2, Interesting

      The next step:

      Writing a novel where one of the characters is involved in online gambling is illegal.
      Oh, and since bank robbery is illegal, writing stories (online or in print) about bank robbers and the (fictional) details about how they did it will be illegal.

      The next step?
      Stating that you believe/disbelieve in god will be illegal because it "could" offend someone and lead to illegal acts such as assault, arson, etc.
      Stating that "Government (foo) sucks" "President (foo) sucks" will be illegal because it could incite some wacko to assassinate someone.

      Think it's a stretch? Well, outlawing discussion of an illegal activity is actually a violation of your first amendment rights so by banning the discussion of gambling, where really does it end? The precedent of limiting speech is very clear, since the discussion has been squelched and ruled illegal because it "could" lead to the DoublePlusUnGood activity, then surely discussing other illegal activities, whether hypothetical, real, or fictional (I make the distinction between hypothetical and fictional here since one is simply an academic discussion and the other is entertainment) would be ruled illegal as well. Where does it end?

      This law ought to be turned over by the Federal courts as unconstitutional right away. I hope he fights it to the end.

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
  4. Breakin' the law by pudge · · Score: 4, Interesting

    The same Seattle Times printed my letter to the editor on the same subject today.

  5. Shades of the MPAA versus 2600 Magazine anyone? by TWX · · Score: 5, Insightful

    For some reason I'm thinking that precedent from MPAA vs 2600 Magazine might be a contributor, as they were successfully barred from even linking to DeCSS, even though they were no longer hosting it. And at that point, there was no ruling on the legality of DeCSS, either...

    I know, there are some differences, but still, I don't think that referencing something should necessarily be a crime. I'm sure that there are exceptions, where people are being made victims by directing others to certain places, but this just seems extreme.

    --
    Do not look into laser with remaining eye.
    1. Re:Shades of the MPAA versus 2600 Magazine anyone? by Elemenope · · Score: 3, Interesting

      The current paradigm is throw a wide net, round them all up, and let prosecutors sort them out afterwards. It's the new-and-improved shotgun methodology of law enforcement. And it works! They are almost guaranteed to catch somebody doing something naughty. Once I was arrested during a protest at a university, and charged with 'Disturbing the Peace' along with several other folks. Only later did they realize that in the great state that I live in, the statute forbids them from using DtP for civil disobedience cases. So, after the arrest, they cast about for some other statutory violation to make stick (they failed). I imagine most of the system operates approximately as sloppily.

      --
      All the techniques ever used to make men moral have been themselves thoroughly immoral... (Nietzsche)
  6. By the logic of WA lawmakers... by Iphtashu+Fitz · · Score: 4, Interesting

    ...any discussion whatsoever of rape, incest, murder, drug use, etc. must also be illegal.

    Reminds me of when AOL added the word "breast" to their filters without thinking through the consequences. All the members of a breast cancer group suddenly had to start referring to themselves as survivors of "hooter cancer".

    1. Re:By the logic of WA lawmakers... by kfg · · Score: 3, Informative

      AOL added the word "breast" to their filters

      There are no bad words. Only fucking idiots.

      KFG

    2. Re:By the logic of WA lawmakers... by Iphtashu+Fitz · · Score: 2, Informative

      Actually if you RTFA it's more like just discussing child porn (or any illegal activity). Linking to a site about the illegal activity doesn't appear to be necessary. Apparently the WA state law makes it illegal to transmit "gambling information." (nice & vague, ain't it?) The state is interpreting that to mean things like reviews of gambling sites are illegal. Even if the site didn't link to the reviewed gambling site I'd bet they'd just say "well people could easily find the website by searching for it on Google".

  7. That seems like a violation of free speech, by tpjunkie · · Score: 3, Interesting

    not to mention common sense. As much of the information (other than reviews) on his site could be easily found using a search engine, I'm not really sure how collecting it on one site could be illegal. It's a lot like someone putting up a website reviewing various types of marijuana they have purchased in the area, and where they purchased it. It may be an illegal activity, but writing about doing it is hardly a crime.

  8. As a UK Tax payer... by MosesJones · · Score: 4, Insightful


    I'd like to thank the US for these restrictive laws that prevent US companies making money out of internet gambling.

    Ahh the wonder of the US... legal to buy a gun... illegal to bet $10.

    Keep up the good work, why not try prohibition again as well?

    --
    An Eye for an Eye will make the whole world blind - Gandhi
    1. Re:As a UK Tax payer... by shawnce · · Score: 2, Informative
      I'd like to thank the US for these restrictive laws that prevent US companies making money out of internet gambling.


      You do realize this is a law in one state out of the fifty states () that make up the United States of America... a state the represents about 2.1% of the total population of the United Stated of America.

      Also it is very likely that this law will be found unconstitutional in part or whole at federal level (if not at the state level).
    2. Re:As a UK Tax payer... by kfg · · Score: 3, Informative

      Keep up the good work, why not try prohibition again as well?

      We did. We changed its focus, thinking that would make a difference somehow.

      Columbia thanks us.

      KFG

    3. Re:As a UK Tax payer... by PlusFiveTroll · · Score: 2, Insightful

      So what your saying is that if we ban guns...

      It will be completely ok for the Gov't and States to completely screw us over?

  9. gambling information by Threni · · Score: 4, Insightful

    > violates a new state law barring online wagering or using the Internet to transmit 'gambling
    > information

    You're telling me that hosting a site with the fact that opposing sides of a dice add up to 7 is now a criminal offence in parts of the USA?

    Land of the free, indeed. Whatever happened to doing whatever you wanted unless it hurt someone else?

  10. Sounds a lot like the DMCA... by doormat · · Score: 2, Interesting

    The one good side is that if this gets struck down, why cant we get the DMCA's "trafficing" clause struck down as well? Telling someone how to gamble online illegally vs. Dimitri Skylarov telling people how to crack PDFs. Whats the diff?

    --
    The Doormat

    If you're not outraged, then you're not paying attention.
    1. Re:Sounds a lot like the DMCA... by plasmacutter · · Score: 2, Informative

      The diff is one is a pet law of some minor political goons and local tribes, the other is the pet law of a massive lobbying juggernaut with a vicelike grip on legislators at the federal level and a sustained propaganda campaign aimed at judges and the general public.

      When you can get away with using a single subpoena to prosecute 500 unrelated cases at once in violation of due process amendments, keeping your pet laws in place is just pocket change.

      --
      VLC FOR MAC IS DYING! IF YOU DEVELOP, PLEASE SAVE IT!!
  11. Well... by Anonymous Coward · · Score: 3, Insightful

    One might think this is a clear-cut case of free speech. Until one considers the result of the famous MPAA vs. 2600 case, where 2600 was found to have violated the DMCA by merely LINKING to DeCSS, the code by DVD Jon that decrypted DVDs so that Linux computers could play them.

    Another freedom, chipped away... And this one during the Clinton Administration. Sad for all of us.

  12. Re:Supreme Court? by Elemenope · · Score: 2, Interesting

    Well, they just got rid of Knock-and-Announce for all intents and purposes (for a cute current USSC highlight), so the question isn't what they are going to do. The question is how much. I dunno, you wanna take bets on how badly they bone the First Amendment? (For all you creepy-crawlies--that means you, Slashdot laywer lurkers!--I'm well aware that the First Amendment does not apply directly to the states, but is rather incorporated under the Fourteenth Amendment. Just so you don't gang-bang my post, you see.) My personal wager is that they find some way to justify this law using national security! Hah, wager! I crack me up.

    --
    All the techniques ever used to make men moral have been themselves thoroughly immoral... (Nietzsche)
  13. Are they gonna arrest the newspapers? by mcmonkey · · Score: 5, Interesting
    Seattle Times lists sports betting odds

    That's using the internet to transmit gambling information.

    1. Re:Are they gonna arrest the newspapers? by Trolan · · Score: 2, Interesting

      Don't forget Amazon.com

      http://www.amazon.com/gp/product/1904468136 "Gambling Online" complete with a sample excerpt of the book!

    2. Re:Are they gonna arrest the newspapers? by hammerdinger · · Score: 2, Insightful

      Here's the Washington State Lottery website: http://www.walottery.com/ Better check it out before it's shut down.

  14. Who is this law trying to save? by pestilence669 · · Score: 4, Insightful

    Who is this law trying to save? The children? You need a bank account or credit card to gamble online. Last I checked, most teens have neither.

    C'mon... of all victimless crimes, does online gambling really need legislation? Tax it like Nevada and be done with it.

    I mean... Washington has a state lottery. That means they endorse gambling. It can't be gambling that they hate... I think they hate all gambling where the state isn't the house.

    1. Re:Who is this law trying to save? by Iphtashu+Fitz · · Score: 2, Informative

      Who is this law trying to save?

      It's intention is to save tax dollars. Every state in the US collects taxes from any legal casinos, bingo parlors, etc. located within their borders (this includes any casinos on indian reservations). Since these on-line casinos are located outside the US there's no way to collect taxes. That's one of the reasons why the federal government still has laws on the books about this. Ever since early 20th century it's been technically illegal to place any wager by electronic means in which the wager crosses state lines.

  15. TV censorship coming to WA by Iphtashu+Fitz · · Score: 4, Insightful

    So what's next, WA outlawing poker on TV? After all, it's promoting poker electronically. So all WA residents can say "bye-bye" to TV shows like the World Series of Poker, Celebrity Poker Showdown, etc? Then after that there's all the movies that depict gambling in them - from classics like "The Sting" to movies like Casino, Oceans 11, etc.

  16. HA! by iminplaya · · Score: 5, Funny

    That'll show the Chinese who can censor better.

    --
    What?
  17. Why stop at one? by booch · · Score: 4, Interesting

    Why not make it illegal to link to a page that links to a page that links to gambling?

    I can actually see how the legislators could see a reason to do that. Taxpayer X wants to link to a gambling site, but knows that that's illegal. So he links to a site that has links to gambling sites, and tells you to click through. (Even worse, maybe that link redirects to the gambling site!) So clearly this needs to be stopped as well.

    And what about linking to a page that links to a page that links to a page that links to gambling?

    --
    Software sucks. Open Source sucks less.
    1. Re:Why stop at one? by orkysoft · · Score: 2, Funny

      It's links all the way down!

      --

      I suffer from attention surplus disorder.
  18. vice laws by zogger · · Score: 5, Insightful

    Vice laws are a big fat waste of time really, they have never worked, and several thousand years of human history shows that the collective *we* enjoy various vices. Governments all over should just admit reality and move on to something constructive.

  19. Yay! by Chas · · Score: 2, Funny

    Okay kiddies! Let's play "BREAK THE INTERNET!"

    You can't host, can't link, can't surf, can't, can't, can't.

    Your computer's on? Can't have that! ARREST HIM!

    Fuck, Yakov Smirnov's going to be moving back to Russia pretty soon.

    In Russia, you go to parties to fuck.

    In America, the parties fuck YOU!

    --


    Chas - The one, the only.
    THANK GOD!!!
  20. Online Petition Started by terrymr · · Score: 2, Informative

    Washington residents please add your signature

  21. freedom of speech by fish_in_the_c · · Score: 2

    I'm sorry this is as bad as the DMCA.
    I don't mind people deciding what kind of regulations they
    want to have on gambling. There is a type of addiction some people
    can have to it which argues for some restrictions, but I would do my utmost to oppose stopping someone from talking about it.

    It is crossing a line and is undoubtedly unconstitutional.
    then again I'm not sure that has stopped people when it came to the DMCA.

    I don't like Nazi's but I'll support their right to tell people what they believe.
    I don't like abortionist but I'll support their legal right to tell people what they believe.

    What the conservatives pushing these laws don't realize is they are enabling the same kind of thing as the Canadian 'anti-hate speech' legislation which has made it very difficult to talk about the 'immorality' of homosexuality.
    (something I'd be pretty certain they would not want to see happen here.)

    in some ways they are cutting their own throats.
    the problem is that not enough people are united on a topic everyone should agree on.

    I may not support what you say but I am certainly going to support you right to say it.

    I wonder if anyone has ever considered if the political spectrum is more like a circle then a line. The closer you get to the far left or the far right the more you resemble the opposite.

    Myself I oppose Fascism I don't care if it is couched as 'conservative values' or 'broad minded liberal ideas'

    --
    âoeTolerance applies only to persons, but never to truth. Intolerance applies only to truth, but never to persons.
    1. Re:freedom of speech by stratjakt · · Score: 3, Informative

      Talking about it and linking to it are different things. The guy could have talked about the sites all he wanted, referred to them by name, and so on..

      He didn't cross the line until he explicitly linked to one.

      High Times doesn't get in any trouble for talking about weed, but if they started running ads for dealers willing to ship to the US... Trouble's afoot. Plenty of sites have been burned for linking to "seed banks" outside the US.

      Freedom of speech doesn't imply freedom of action. So sad, too bad.

      --
      I don't need no instructions to know how to rock!!!!
  22. Great argument by Pedrito · · Score: 4, Insightful

    "...that's all obviously enabling something that is illegal."

    Well, fantastic. So you can follow this up by making guns, knives, shovels, cars, bleach, and God knows what else illegal since they're obviously enabling murder. Oh, and we may as well outlaw crime mystery books since they provide information on how to do illegal things. But let's not stop at burning just crime mystery novels. We ought to burn chemistry books since that knowledge can be used to create poisons and explosives. And let's outlaw cars because criminals are notorious for using cars in their getaways. I see no reason to stop there, though. I can think of a lot of other stuff we ought to just outlaw today!

  23. stupidity by fish_in_the_c · · Score: 2, Funny

    I wonder if it is illegal to offer a online gambling to ip addressing coming from Mexico on a server running in Washington state ( but inaccessible from that state.)

    Time to raid the server farms everyone.

    (how to get your competing server farm or web host if they are located in WA).
    1) rent from the space
    2) but up gambling sight ( using IP routed through foreign country.)
    3) report to WA the violation ( rinse repeate).

    Thus driving up your competitors operating costs because now they have to monitor every sight they host or be shut down.

    ( i know I know not that terribly realist but the thought was funny ;)

    --
    âoeTolerance applies only to persons, but never to truth. Intolerance applies only to truth, but never to persons.
  24. Legal Gambling Website in Washington by paladinwannabe2 · · Score: 4, Interesting

    Something tells me that the Washington State Lottery will still get to promote itself online... apparently they also were even going to sell lottery tickets online but I can't find evidence of them still doing it.

    --
    You are reading a copy of my copyrighted post.
  25. Re:Wow! Holy Free Speech Violation Batman by DragonWriter · · Score: 4, Insightful
    Surely even the current supreme court is going to knock this down.
    If they can't even get the right answer on "should evidence gained by police through a search conducted without actually knocking-and-announcing despite the fact that the search was authorized by a knock-and-announce warrant be excluded from a criminal case", I really don't trust them to get anything else right, either.
  26. By all means... by ackthpt · · Score: 2, Insightful

    Maybe this will provide some legal leverage to go after people who spam blogs and forums with adds for online poker, etc?

    By all means, let's attack free enterprise and free speech, let's start with this internet site which promotes gambling.

    --

    A feeling of having made the same mistake before: Deja Foobar
  27. Indian lands by robcube · · Score: 3, Insightful

    It's legal gambling on Indian lands there, now how about putting the servers on Indian lands, would that make the linking illegal?

  28. It's nice to see Washington State... by HotNeedleOfInquiry · · Score: 2, Funny

    Replace California with the new title of "People's Republik of Washington State"

    --
    "Eve of Destruction", it's not just for old hippies anymore...
  29. What about state run lotteries? by Ronin+Developer · · Score: 2, Insightful

    http://www.walottery.com/

    Last I checked, playing the lottery is a form of gambling. Their own site gives info on how to play, winning numbers, etc.

    Does the law not apply to them as well?

    RD

  30. Re:Hope you guess my name? by pudge · · Score: 2, Informative

    Yes, the first one is mine.