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U.S. Arrests Online Gambling Company Chairman

imaginaryelf writes "Reuters reports that U.S. authorities have arrested Peter Dicks, the chairman of U.K. based online sports betting company Sportingbet Plc, while he was passing through Dallas. Just two months ago, the CEO of another U.K. based online sports betting company, BetOnSports, was arrested on U.S. soil as well. They are both charged with violating the 1961 Federal Wire Act, which can be broadly interpreted as declaring all forms of online gambling illegal in the U.S. Is online gambling the Alcohol Prohibition of the 21st century?"

90 of 634 comments (clear)

  1. Yes! by Quaoar · · Score: 5, Funny

    Now my $1000 bet that Peter Dicks would be arrested doesn't look quite so foolish...call my bookie!

    --
    I'll form my OWN solar system! With blackjack! And hookers!
  2. JFK, not DFW by jimjamjoh · · Score: 3, Informative

    according the article, he was arrested @ kennedy, not in dallas.

    1. Re:JFK, not DFW by __aaclcg7560 · · Score: 2, Funny

      Ok, so he's liberal dick instead of a conservative dick?

    2. Re:JFK, not DFW by Quaoar · · Score: 4, Funny

      Wouldn't be the first time Dallas screwed over Kennedy...

      --
      I'll form my OWN solar system! With blackjack! And hookers!
    3. Re:JFK, not DFW by greenegg77 · · Score: 2, Funny

      I need that like I need a hole in my head... *ducks*

      --
      --- This .sig for sale - $500 OBO.
    4. Re:JFK, not DFW by slashbob22 · · Score: 4, Funny

      What? Too soon?

      --
      Proof by very large bribes. QED.
  3. Common sense by kooky45 · · Score: 4, Insightful

    If you live outside of the US and have done something that the US have made illegal then don't go there.

    1. Re:Common sense by sjwest · · Score: 3, Funny

      and refuse to trade with them too - consider the enron three http://news.bbc.co.uk/1/hi/business/5204030.stm - these three bankers are soley responisble for enron's demise. Praise be no american caused enron to fail.

    2. Re:Common sense by AceCaseOR · · Score: 4, Insightful

      IANAL, but I think the prosecutors will make an argument that Mr. Dicks knowingly provided a service that was illegal in the US, to US citizens who were on US soil at the time. On the one hand, it's a clever way of getting the guy. On the other hand, it could set up some dangerous precidents. Getting a hacker under US law because the server he penetrated was on US soil is one thing. However, the strategy I think they're going to use could, in theory, be used by the **AA against, say, The Pirate Bay.

      --
      Zagreus sits inside your head, Zagreus lives among the dead, Zagreus sees you in your bed and eats you in your sleep.
    3. Re:Common sense by ZeroExistenZ · · Score: 2, Funny
      If you live outside of the US and have done something that the US have made illegal then don't go there.

      Now you know what I've been going through!

      I don't know if the FBI has these things I've done on the internet in the nineties on record desperatly waiting for me to fly over. I always have these nightmares where I set foot on American soil and have all these FBI guys grinning at me when I finally feel confident enough that the things I've done went unnoticed or uncared about, and shipping me off in a weird CIA prison in my own country in Europe and am forced into gay sex and afterwards some journalist saving me by sending pictures of that around the world.

      Don't get me wrong, I don't fear Americans as they're really easily outsmarted (i'm pretending to know English!) and I can handle weird laws and customs, heck even torture, but I'm simply waaay too homophobic...
      --
      I think we can keep recursing like this until someone returns 1
    4. Re:Common sense by A+beautiful+mind · · Score: 2, Insightful

      Only a few million people should be arrested then. The age of consent is 14 or 16 in most European countries. So you're saying pretty much half of Europe should avoid travelling to the USA because they would be arrested?

      Fortunately, law doesn't work like this. You cannot exercise judicial power for things outside a country's juristiction or if you're not a citizen of that country (you can be held accountable for age of consent laws without borders solely based on citizenship, for example if you're an Australian and go to Thailand and back, you can still be arrested for sexual crimes if you had sex with a 13 year old girl in Thailand).

      --
      It takes a man to suffer ignorance and smile
      Be yourself no matter what they say
    5. Re:Common sense by Intangion · · Score: 2, Informative

      your all missing the point
      online gambling isnt illegal! (except in washington)

      another interesting thing is american companies do illegal things in america EVERY DAY and their CEOs are almost NEVER arrested, instead the companies are fined/penalized or get away with it.. yet this guy is held personally responsible for something that MAY be illegal in the FUTURE... WTF??

      whos racketeering here? the government is arresting these guys cause they dont pay protection (american taxes, cause they arent american companies!)

    6. Re:Common sense by ScrewMaster · · Score: 4, Insightful

      Insightful? I think not. Here, let me fix it for you: "If you live out side of the {insert any country here} and have done something that the {insert any country here} has made illegal then don't go there.

      Our government isn't in the habit of arresting foreign nationals for activities that are perfectly legal in their country of origin. But if he was providing illegal services to U.S. citizens then he put himself at risk. Why that is such a shock to you people I don't know, unless you just need another excuse to America-bash. People complain bitterly when a Google or a Yahoo complies with the laws of another country when they disagree with those laws, fully expecting that those companies should simply break that country's laws with impunity. And maybe they should: but the principle works both ways ... if you break our laws, even over the Internet, we have the right to subject you to those laws when you're on our territory. That's how it is anywhere in the world.

      Now, having said that ... I'd rather our government kept its grubby little paternalistic fingers out of our lives and let us give all our hard-earned cash to crooked foreigners if we so choose. One of the most cherished rights that Americans have always enjoyed is the right to go to Hell in our own way. But unfortunately we have a lot of people in power over here that think they know better than we do what is best for us, want to force their pattern for living on everyone else.

      --
      The higher the technology, the sharper that two-edged sword.
    7. Re:Common sense by Anonymous Coward · · Score: 2, Interesting

      Well here's a question for you. I happen to work for an online casino as a basic helpdesk grunt (obviously I'm not a US citizen)

      Whilst I know it's unlikely that they are going to target me just for that, is it technically possible that they could do so?

    8. Re:Common sense by tomhudson · · Score: 5, Insightful

      Don't laugh - a lot of people are paying extra so they won't have a stopover in the US on the way to another destination, just to avoid the hassles, even if they have never done anything wrong.

      This is just going to make the situation worse. The losers are the US air carriers, and services based in the US.

    9. Re:Common sense by GaryPatterson · · Score: 2, Insightful

      That should bar lots of US website operators and bloggers from going to the Middle-East, where their sites would land them in hot water. I wonder what the penalty is for running a porn site, or a site critical of the government.

      If a US website operator was executed, is that okay too? Should they just know better?

      I'm not saying that this is right or wrong, but prosecuting citizens of other countries for things which are legal in their country but illegal in yours will become a very slippery slope.

    10. Re:Common sense by DJ+Rubbie · · Score: 4, Interesting

      You are right on the money.

      I lived in Toronto for 13 years, and I decided to go to New Zealand to visit some friends and see how the place is like for a longer term basis. Quickest way to get from Toronto, Canada to Auckland, New Zealand is probably take a flight from Toronto to LA, then from LA to Auckland. Seeing how soem of my muslim friends got treated in the US (more like his parents, who are elderly), me being "non-white", more tech savvy (I brought my computer along, I love my Shuttle box), I don't want to take the chance of having dealing with American customs and risk having my data inspected, so I took the long way, went to Hong Kong (I was born there), which was nice because I got to see my relatives and do some shopping, before leaving for Auckland a week later. My return journey will be the same, and I will never step foot in America again, even as a stop over (aside from the Anchorage technical stopover, but we never were allowed to get off the plane, which is fine with me).

      Even though the whole journey is about 8 hours longer in total flight time, it's worth it for me. Cathay Pacific gets my business also because they are one of the best airlines in the world. The price was right too, my mom's travel agent was able to secure the flight I took (round trip) for only CND$2200, which is definitely unbeatable. My parents told me they recently took a flight with Air Canada from Toronto to Vancover, they said the service was appalling and the staff did not know what to do, and the food and flight was expensive (CND$800 per person). It's absolutely disgraceful that North American airlines are completely backwards and behind in terms of service (given the cost) compared to their Asian counterparts.

      --
      Please direct all bug reports to /dev/null
  4. No, not gambling... by AnderMoney · · Score: 3, Funny

    I would say cigarette smoking is much closer to alcohol prohibition. I just hope that once they ban smoking in bars I can open up a speakeasy where we'll drink and smoke and gamble online to our heart's content....

    1. Re:No, not gambling... by Ucklak · · Score: 2

      I would say cigarette smoking is much closer to alcohol prohibition.

      It sure is getting there, and I hate it.

      I'm not a smoker and I hate being around smoke, if you want to smoke, that's your business.
      I don't see why a business that wants to cater to smokers isn't able to in some municipalities.
      I can understand banning smoking in libraries, museums, airplanes, and buses but come on, bars and nightclubs?
      If a smoker wants to smoke in a public park, let them. It's a public place meant for everyone. You can't please everyone.

      People eat peanut butter sandwiches, they shouldn't have to cater to people with nut allergies if they want to have a picnic in a public place.
      People exist with shellfish allergies as well; Are peanut, wheat, shellfish, and toe tapping going to be outlawed next?

      --
      if you steal from one source, that is plagiarism, if you steal from many, well, that's just research.
    2. Re:No, not gambling... by rainman_bc · · Score: 4, Insightful


      If a smoker wants to smoke in a public park, let them. It's a public place meant for everyone. You can't please everyone.


      If a smoker comes though and blows smoke in my general direction, it should be considered socially acceptable for me to go fart in that smoker's space too.

      Thing is, my space belongs to me. I find having cigarette smoke blown in my direction akin to invading my space. I find it more disgusting than the smell of fart, and more harmful to my health.

      I think we should start a campaign where we go and fart in smoker's spaces.

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    3. Re:No, not gambling... by Feanturi · · Score: 3, Funny

      I think we should start a campaign where we go and fart in smoker's spaces.

      The trouble with that plan is that we all carry lighters.

  5. Re:"Peter Dicks" by __aaclcg7560 · · Score: 2, Funny

    More importantly, does he wear Dickies to work?

  6. Re:Prohibition? Hardly... by Maclir · · Score: 4, Funny

    >organised gambling isn't nearly as widespread and deeply rooted in Western culture as consuming alcohol is.

    You wanna bet?

  7. So the second guy is a moron... by b0r1s · · Score: 2, Interesting

    First one gets arrested, that's unfortunate for him.

    Second one gets arrested - man, how dumb to you have to be to fly through the US when you know you're likely to get arrested? It's not like international flight lists are ignored these days. Passengers that may pass on domestic flights aren't going to escape scrutiny on international (especially incoming) flights.

    --
    Mooniacs for iOS and Android
    1. Re:So the second guy is a moron... by A+beautiful+mind · · Score: 2, Interesting

      I think he might have believed in international law and customs that state a country's laws don't extend beyond their borders or citizens. How foolish of him eh? The USA is hell bent in the last few years (for the more history-savvy, for the last few decades) to ignore international law.

      --
      It takes a man to suffer ignorance and smile
      Be yourself no matter what they say
    2. Re:So the second guy is a moron... by whoever57 · · Score: 2, Interesting
      Second one gets arrested - man, how dumb to you have to be to fly through the US when you know you're likely to get arrested?
      It does sound dumb. But, given the UK/US extradition treaty that is highly biased in favor of the US, perhaps he felt the risk was no greater than he was exposed to by living in the UK.
      --
      The real "Libtards" are the Libertarians!
  8. Our laws, your country... by MosesJones · · Score: 5, Insightful

    Its another great example of the US deciding that its perfectly okay to have their laws apply to people from other countries, but the idea of an international criminal court that might try CIA and US Soldiers for torture and crimes against humanity then the answer is no.

    Remind me again why people think the US is imperialist?

    --
    An Eye for an Eye will make the whole world blind - Gandhi
    1. Re:Our laws, your country... by b0r1s · · Score: 4, Informative

      They applied it in the US - if he didn't want to be subject to US laws, all he had to do was not fly into the US. Problem solved.

      --
      Mooniacs for iOS and Android
    2. Re:Our laws, your country... by A+beautiful+mind · · Score: 4, Insightful

      So you're saying the server hosting the site somehow flew into the USA?

      The only way they could have arrested him legally, if he broke a law in the USA WHILE in the USA.

      You cannot break US laws outside the USA, so in the UK what he does is perfectly legal.

      Why isn't the british diplomacy concerned about the kidnapping of a UK citizen? In the 18th century they would have sent the gunboats already.

      --
      It takes a man to suffer ignorance and smile
      Be yourself no matter what they say
    3. Re:Our laws, your country... by slarabee · · Score: 5, Informative
      And the reason he wasn't arrested during the previous ten years of the gambling site's existence? He has passed through the United States multiple times in the past decade while participating in this orgy of criminal vice. He has even held press conferences in the United States during this time. Officials in the federal government were well aware Carruthers was in their jurisdiction yet have done nothing.

      Could it have something to do with a vote dealing with a ban on Internet gambling coming up in the legislature in the next couple weeks? Could it have something to do with the fact Carruthers has been a vocal opponent of the upcoming bill. Strange that. The man is arrested based on his involvement in running an Internet gambling company. Yet referencing the vote on banning Internet gambling requires using the future tense.

      Perhaps using a 1961 law that only questionably relates to the Internet and even more questionably relates to an individual operating out of a different country is not quite so sound...

      http://www.reason.com/sullum/072606.shtml

      http://scienceblogs.com/dispatches/2006/09/sullum_ on_internet_gambling_ar.php

    4. Re:Our laws, your country... by wiggles · · Score: 3, Insightful

      Not to defend this action, but the guy did commit a crime on US soil from the UK. I'm sure the US government's reasoning is something along these lines: By setting up a server in the UK to allow gambling in the US, the crime (slob in his underwear betting on cockroach races at 4am or whatever) was committed on US soil. The crime was only facilitated by offshore people and servers. They can use the same rationale to arrest and try South American drug lords, sea pirates (Avast!), money launderers who use offshore accounts, etc. They even have arrest warrants waiting to be served for the members of the DeBeers cartel for antitrust violations and contempt.

      Here's an analogy. Say I'm in Mexico with a trebuchet and tons of pot. Let's say for the sake of argument that we paid off the federales, and we can operate with impunity. Let's say you're in Texas with a catapult. If you send me money via your catapult and I send you bales of dope via my trebuchet, I'm guilty of selling drugs in the US, even though I never set foot on US soil.

      See?

    5. Re:Our laws, your country... by Reality+Master+101 · · Score: 2

      Its another great example of the US deciding that its perfectly okay to have their laws apply to people from other countries

      You have it exactly backwards. The guy is providing services to Americans that are illegal in America. What difference does it make where he's doing it from? Columbian drug runners are also regularly thrown in jail for selling services in the US.

      What you're really saying is that you think UK laws should be forced upon the USA. Sorry, but that's not how it works. If the guy breaks US laws with US citizens, and he comes here, then he's going to get his ass picked up.

      --
      Sometimes it's best to just let stupid people be stupid.
    6. Re:Our laws, your country... by Aladrin · · Score: 3, Insightful

      So you're saying that while he was in the US, he shut his company down or somehow else prevented US citizens from illegally using his site?

      He WAS in the US while breaking this law.

      I was leaning towards his rights until I found out that his site lists US phone numbers and EST calling times, and 77% of his business is from the US. It isn't like he's got a few people he didn't manage to keep off the site. He actively encourages them to break the law.

      Disclaimer: I stole those facts from above posts. They could be totally wrong. But I doubt it.

      --
      "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
    7. Re:Our laws, your country... by pete-classic · · Score: 2, Insightful

      Does that mean I can defraud citizens of the UK from my home country by post or wire with impunity so long as my government doesn't mind? And then travel there freely without fear for my liberty?

      I'm against gambling laws, but you're coming across rather shrill.

      -Peter

    8. Re:Our laws, your country... by A+beautiful+mind · · Score: 3, Insightful

      If we would accept your reasoning, why is that, that a citizen of the USA from a state where gambling is illegal can go to Las Vegas, gamble, then go back to his home state and NOT get arrested?

      --
      It takes a man to suffer ignorance and smile
      Be yourself no matter what they say
    9. Re:Our laws, your country... by A+beautiful+mind · · Score: 3, Informative
      he shut his company down or somehow else prevented US citizens from illegally using his site?
      People don't seem to get this. So, let me try to hilight it. IT IS NOT HIS RESPONSIBILITY TO PREVENT US CITIZENS FROM BREAKING THE LAW. He didn't break ANY laws. When a USA citizen buys something from a UK shop located in the UK and doing business in the UK, UK laws apply, UK taxes apply, and the rest is meaningless.
      --
      It takes a man to suffer ignorance and smile
      Be yourself no matter what they say
    10. Re:Our laws, your country... by wiggles · · Score: 3, Informative

      Good question.

      The reasoning is that it's because there was no crime committed. It's legal to gamble in Vegas, just like it's legal to smoke pot in Amsterdam. Americans can't be arrested for smoking pot in Amsterdam any more than they can be arrested for gambling in Vegas. It all depends on where the action took place, and whether or not the action was a crime in the place it was committed.

      The guy in the article was arrested because the gambling took place within an area where it's illegal -- namely, somewhere on US soil. He couldn't get arrested if the gambling only took place in Mexico or The Netherlands or Djibouti or wherever else gambling may be legal*.

      *I have no idea if gambling is legal in Mexico, The Netherlands, or Djibouti. I was just pulling country names out of my ass to make a point.

    11. Re:Our laws, your country... by radtea · · Score: 2, Interesting

      The guy in the article was arrested because the gambling took place within an area where it's illegal -- namely, somewhere on US soil.

      How do you figure that?

      The servers were in the U.K.

      The dice rolled (or rather, the RNG was called) in the U.K.

      Why do you place the gambling in the U.S.?

      --
      Blasphemy is a human right. Blasphemophobia kills.
    12. Re:Our laws, your country... by A+beautiful+mind · · Score: 2, Insightful

      Actually, this is a very small difference, but important:

      The action of gambling took place at TWO places (technically this still isn't accurate, but then we'd go into internet architecture):
      a.) client-side: the USA client broke the law for gambling.
      b.) server-side: the UK server and it's owners are in the clear, because it is legal to operate a gambling server in the UK.

      Btw, let me ask the following: let's say, a las vegas casino were to offer gambling online. Are you saying the casino owners were committing a crime for letting USA citizens gamble online, while gambling on site is perfectly legal? IMO, the client/server side distinction still applies. The client could be held accountable, but the casino not.

      --
      It takes a man to suffer ignorance and smile
      Be yourself no matter what they say
    13. Re:Our laws, your country... by phorm · · Score: 2, Interesting

      US phone numbers and EST calling times

      And now I'd also have to agree that sounds to me like what would actually push it into breaking US laws, since those US numbers indicate an actual presence in (and specific to) the US itself, and not just on the internet (which is quasi-international).

      Nice to see somebody who actually has a well-reasoned opinion and lets the facts speak (and even change one's mind when they're strong enough).

    14. Re:Our laws, your country... by wiggles · · Score: 2, Informative

      Because the guy physically doing the gambling was in the US. The servers were only facilitating the gambling. Go back to my drugs and catapaults analogy from two posts ago. Just because you're the only one in Texas doesn't mean I'm not guilty of selling you drugs in the US. Just because the servers are in the UK doesn't mean the guy in his basement in Little Rock wasn't gambling using Peter Dicks' facilities.

      Again, I'm not trying to defend the actions of the government here, I'm just trying to explain how our laws work in cases like this. So don't hate me, hate the system, man.

    15. Re:Our laws, your country... by JWtW · · Score: 2, Interesting

      "I'm guilty of selling drugs in the US, even though I never set foot on US soil.

      I know this is really late, but I had to chime in here. To take your analogy a little further, let's say that your trebuchet was registered internationally, and everyone knew that it was your trebuchet, and you decided to walk over and talk to the catapult dudes, while your trebuchet was still flingin' dope over the border, and your guys were still receiving the bails of cash. I would think that you had a pretty good chance of getting arrested.
      Basically, this guy was standing on U.S. soil, while his servers were still accepting bets from the poor and huddled masses. Of course he got popped!! What was he thinking?!? He had to know that he was a hated man in the U.S., and by being here while he was still perpetrating, is like a F-you to the folks that make it their job to care.

      I guess it takes a true gambler to have cajones that big.

    16. Re:Our laws, your country... by jeff4747 · · Score: 2, Insightful

      Columbian drug runners are also regularly thrown in jail for selling services in the US.

      With the "drug runners", they are actually in the US when they commit the crime.

      This case hinges on where the crime actually occurred. An argument could be made that the gambling was done in the US, because that's where the customer is located. Another argument can be made that the gambling took place in the UK, because that's where the "dice" were "rolled".

      IMO, the gambling took place in the UK. In the US, somebody just connected to a web site. However, that interpretation doesn't work for the religious whackos in our country who insist on legislating morality. So our government arrested the guy under the first interpretation.

    17. Re:Our laws, your country... by ar1550 · · Score: 2, Funny
      Say I'm in Mexico with a trebuchet and tons of pot. Let's say for the sake of argument that we paid off the federales, and we can operate with impunity. Let's say you're in Texas with a catapult. If you send me money via your catapult and I send you bales of dope via my trebuchet

      I find your ideas intriguing and wish to subscribe to your newletter.

      --
      I once shot a man in Reno 'cause they cancelled Firefly.
  9. Re:"Peter Dicks" by Tackhead · · Score: 2, Insightful
    > Pretty sums up how I feel about the gambling industry.

    Funny. Pretty much sums up how I feel about the prohibition industry.

  10. Oh that's good... by bziman · · Score: 2, Insightful

    So it's okay for the United States to arrest foreign nationals because they run a business in their own country that is (sort of) illegal in the States.

    And yet the American government complains loudly when Freedom Fighters in the Middle East capture and detain members of the American invasion force who are obviously breaking the law by invading those countries?

    It would be really nifty if the American government spent as much time trying to provide health-care to its citizens, teaching science in its schools, and waging peace, as it spends on enforcing fear driven puritanical laws at home and waging unjust ideological wars abroad.

    --brian

  11. U.S. a no go zone by ConfusedSelfHating · · Score: 5, Insightful

    In the near future, the United States of America may be a country that non-Americans fear to travel to. With the DMCA, the Patriot Act, association with gambling sites, corporate deals with Iran, corporate deals with Cuba ... you just simply do not know whether or not you will be arrested when entering the United States. If your non-American company did business with Cuba, could you be arrested? If you engaged in fair use of media in your country, could you be arrested for DMCA violations?

    You won't know until you are on American soil.

    1. Re:U.S. a no go zone by syousef · · Score: 4, Insightful

      I stopped wanting to go to the US a long time ago. My last name is Yousef and I'm very arabic looking. Never mind that my family's background is Christian not Muslim, that I don't believe in God, or that the work I do required security checks and clearance before I was employed. Last nail in the coffin was when they started fingerprinting everyone. I don't want to be treated like a criminal and randomly finger printed and searched all the way there and back. That's not something I want to do for a good job let alone for a holiday.

      In 1998 I went to the US to do training and none of this was a concern. The programmers boot camp I went to sucked by on one of my two weekends off in the 10 week hell I went to the Kennedy Space Center and I loved it! I always wanted to go back and take a look at the Grand Canyon. Now I wouldn't go if they paid me.

      Fuck 9/11. Fuck the terrorists. Fuck the people who've used it as a power grab. Fuck the blind sheep who'll let them until its too late. I've had a gut full of this bad behaviour from all sides. ...And if anyone wants to mod this as flamebait, that's fine be my guest, but before you do read the definition of a flame. I'm not saying these things just to piss people off. This is genuinely how I feel, and I'm not alone.

      --
      These posts express my own personal views, not those of my employer
  12. The real terrorists?? by PinkPanther · · Score: 2, Funny
    And Lou Dobbs says that Canada harbours terrorists.

    Take a look at your so-called friend, Britain!

    --
    It's a simple matter of complex programming.
  13. still wonder how this is illegal for a non-residen by mabhatter654 · · Score: 4, Insightful
    I still wonder how this is illegal for a non-resident, hosted off shore, with no servers in the US at all. Now it should probably be illegal for US citizens.. many individual states have laws against gambling in any form...but that would be a state issue to their citizens. I sort of understand how the Federal Wire laws make state crimes illegal because you "used" a federal regulated wire service, but I can't understand how they can arrest citizens of other countries for running the service legally in their own country.


    Of course, were the USA we can do what ever we want... I often wonder how we'd react if say Bill Gates was arrested in Communist China for being an "obscenely rich capitalist".. .I'm sure that's still illegal over there, and Microsoft sells to China.. so why should the reds take a chance at getting him? It's the same basic principle.

  14. Re:I dont see the logic in this by Dachannien · · Score: 5, Interesting

    WHEREAS ALL they NEED to do and HAD to do is to bar all access from u.s. to that u.k. site

    If the US government did that, then you'd be complaining about censorship.

    The problem is that this guy and his company accepted money from US citizens who were on US soil in exchange for providing a service that is illegal in the US. It would be trivial for him to refuse credit card transactions for cards where the address on record is in the US, and at least then he'd have plausible deniability. Of course, doing so destroys most of his market, so it's easy to see why he wouldn't do that.

  15. Re:I dont see the logic in this by MBCook · · Score: 4, Insightful

    He let's Americans gamble on his site, so he lets them break the law. That's illegal. At least that what I'm guessing their logic is. My guess is that their claim to him is a little tenuous to say the least. I bet he refused to bar access from US betters. The US's stance is hardly unknown, especially if you are in that industry.

    I think that "online gambling is prohibition" comment is rather ridiculous. Online gambling is something people do from home, where one of the big things about prohibition is that it removed a common social activity (going to a bar with friends and to meet people). They are nothing alike except that they are both bans on something popular, and (are likey to get) overturned.

    Don't forget that there is a REASON online gambling is still illegal. While that act can be intrepreted that way, Congress could have easily changed that by passing a law. However, don't think that all the casinos in Vegas and elsewhere like the idea of online gambling. That could take away a LOT of a their business if it was legalized. I'd be amamzed if they weren't pouring out money to keep online gambling illegal.

    --
    Comment forecast: Bits of genius surrounded by a sea of mediocrity.
  16. Re:"Peter Dicks" by cb8100 · · Score: 2, Funny

    Leave the poor guy alone. It's not his fault his first and last names are both euphemisms for 'penis.'

    --
    My lack of God, it's Trotsky!
  17. Re:I dont see the logic in this by CaptainCarrot · · Score: 2, Interesting

    If the US government did that, then you'd be complaining about censorship.

    Furthermore, the US government can't do that. It's not technically feasable. We don't have a single, nationwide firewall like some countries do that can be configured to block out arbitrary foreign sites.

    I suppose it's far easier to arrest a single foreign national -- even though what he's doing is perfectly legal in his own country -- than it is to arrest his American customers, who really are committing crimes on US soil. Less unpopular in an election year, too, off-year or not.

    --
    And the brethren went away edified.
  18. Like driving on the left hand side of the road? by EmbeddedJanitor · · Score: 4, Interesting
    It is nuts to arrest somebody for a "crime" committed elsewhere (where it is not a crime). For example, in many parts of the world civilians are not permitted to own or carry handguns. Should somebody be arrested on landing in the UK because they happened to own/carry a handgun while in the US?

    This is either harrassment or just the US thinking it has rights to push the rest of the world around.

    --
    Engineering is the art of compromise.
    1. Re:Like driving on the left hand side of the road? by operagost · · Score: 4, Insightful
      It is nuts to arrest somebody for a "crime" committed elsewhere (where it is not a crime). For example, in many parts of the world civilians are not permitted to own or carry handguns. Should somebody be arrested on landing in the UK because they happened to own/carry a handgun while in the US?
      No, but if they sold and shipped the handgun to someone who lives in the UK they might be.
      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    2. Re:Like driving on the left hand side of the road? by thrillseeker · · Score: 2, Insightful

      Nobody forced Mr. Dicks to sell services to American citizens.

      Nobody forced Americans to proactively make use of Mr. Dicks' services.

    3. Re:Like driving on the left hand side of the road? by JonnyCalcutta · · Score: 2, Insightful
      Or perhaps all those Americans shipping unrated videos or chewing tobacco to the UK should be waiting for the FBI to turn up with the extradition papers?

      If this was all as above board as some suggest, then why weren't these people simply extradited, instead of the Feds hiding behind the baggage carousel waiting for them to change planes? I mean, it might be hard to understand, with the USs puritanical views on gambling, but these are executives of publically traded companies - Richard Branson is equally as guilty http://casino.virgingames.com/, as an example. This is not the equivalent, in the UK at least, of some drug baron using loopholes in the law to sell prescription morphine to kids, or Louigi 'Fingers' Spaghetti running a craps game down the back alley. Over here these people are running companies as legitamate as QVC or Bloomberg.

  19. Re:I dont see the logic in this by TrappedByMyself · · Score: 4, Informative

    Well, go to betonsports.com

    "To contact BetonSports Customer Service please call toll free 1-866-481-3057. You may also send email requests to:
    customer_service@betonsports.com
    Customer Service hours are Monday to Friday, 10am - 10pm EST. "

    Hmm, looks like a US number and a US timezone there. May be UK based, but they are definitely targeting business to the US

    --

    Help me take back Slashdot. When did 'News for Nerds' become 'FUD and Conspiracy Theories for Extremist Nutjobs'?
  20. Re:Peter Dicks?!?! Who named this guy, anyway? by udderly · · Score: 2

    It's "Harry."

  21. Re:I dont see the logic in this by soft_guy · · Score: 2, Informative

    He's being arrested for crimes having to do with wiring money to/from the US for gambling, not something he did in UK.

    --
    Avoid Missing Ball for High Score
  22. Re:I dont see the logic in this by mabhatter654 · · Score: 4, Interesting
    actually, credit card companies do not allow charges to known gambling sites... there are ways around... "paypal" type things for gambling, so the actual gambling site would not have "knowladge" that the person was from the US. Also, it's not for an out of the country site to abide by US law.. that's for US citizens to do on their own. Compare this issue to downloading libCSS from off shore, downloading MP3 from AllmyMP3 in Russia, or hosting porn in a friendly state.

    In the last three cases we expect the citizen to follow the law, because to restrict or monitor access would be UnAmerican. Gambling is a "vice" crime so to the law enforcement "religion" it's different. The fundamental problem is that it's easier for the govt to collar these guys illegally than it is to fix the real problem going on in the country. Also, "rightist" state legislatures and law enforcement work very hard to delay, subjorn, etc. the Will of the people to change these backwards laws. For them "Law" is the "religion" and so they should not "compromise" even if the people vote for it.

  23. 21st Century Prohibition by subreality · · Score: 4, Insightful
    Is online gambling the Alcohol Prohibition of the 21st century?


    No. Marijuana is the Alcohol Prohibition of the 21st century.
  24. So I guess if I set up a boat off-shore and by bryz · · Score: 2, Insightful

    Started up a website serving up good old kiddy porn, started charging US users to download those images I should be safe then.

    I think another person suggested that the US should have censured illegal sites.

    How about if you're going to conduct business in a country, you follow and obey all local rules and regulations? If you can't comply, then about making it so that you block access yourself so you don't violate those laws and regulations.

    Second, I can't believe this Dicks decided to go through the US even though the other guy went in a couple months earlier and got arrested. It's either arrogence or stupidity.

  25. Gambling is here to stay by dougman · · Score: 2, Informative

    First off, the link says, "Dicks was arrested in New York late on Wednesday at JFK Airport on a warrant from Louisiana" nothing about Dallas. What's up with the warrant from Louisiana? Sounds like some small-timer that wants to stir things up. There's got to be more to the story.

    I'm a big-time outspoken conservative and I love to play no-limit hold 'em (and hi/lo omaha). I'd like to state that I am very diappointed that republicans are backing this and I believe this really is just for votes this fall. There are democrat supporters on this as well, so it isn't completely one-sided. Everyone interested in keeping internet gambling alive needs to talk to their representative.

    The good news is that this was tried in the late 90's and failed. It passed the house in 2003 but the senate didn't take up the issue. With the rate at which poker in particular is gaining popularity, this should be an issue that can be defeated. I see the senate again not taking up this issue in 2006. Post 2006 elections, it should disappear for a while again. Apparently big money doesn't buy all the votes as online gambling is worth bilions of dollars. AFIAK, as long as we have state lottos and Indian casinos, I don't want to hear anything from the state about why online gambling should be illegal.

    Now as for the gentlemen who have been arested... the only good thing is that maybe they can sue and further clarify the law. The fifth circuit says the law only applies to sports. It would be great to see additional courts back this up as I believe they would.

  26. Nope by static0verdrive · · Score: 2, Interesting

    Marijuana Prohibition is the Alcohol Prohibition of the 21st Century.

    --
    ========
    77 77 77 2e 6d 65 6c 76 69 6e 73 2e 63 6f 6d
  27. Re:I dont see the logic in this by A+beautiful+mind · · Score: 2, Interesting
    The problem is that this guy and his company accepted money from US citizens who were on US soil in exchange for providing a service that is illegal in the US. It would be trivial for him to refuse credit card transactions for cards where the address on record is in the US, and at least then he'd have plausible deniability. Of course, doing so destroys most of his market, so it's easy to see why he wouldn't do that.
    So? Why should he even CARE or give a shit about that? He is a CEO of a business operating in the UK under UK laws. Why should he care about anything else but UK law? Tell me one good reason. You can't. It would be contrary to international practice, law and custom to assume otherwise but to limit a country's juristiction to its borders and citizens.

    You see, the difference is that the service the company is offering from the UK would be illegal if they were based in the USA. One analogy to understand the situation is that this is the same case as if the citizens of the USA using this service were magically teleported to the UK, conducted their business and then went back to the USA. If that is illegal in the USA, then punish the citizens of the USA, but there is absolutely no basis for the USA to punish a legally operating legitimate UK business.
    --
    It takes a man to suffer ignorance and smile
    Be yourself no matter what they say
  28. Alcohol prohibition of the modern age by MythoBeast · · Score: 2, Interesting

    Well, no, marijuana prohibition is the alcohol prohibition of the modern age. With the sole details that the drug is significantly less harmful than alcohol, and the effects of the prohibition are significantly more widespread and harmful, it's essentially identical. We're just so used to it that we don't even notice any more.

    --
    Wake up - the future is arriving faster than you think.
  29. Re:Um... by Iphtashu+Fitz · · Score: 3, Informative

    British people. British companies. Americans charging them with crimes as soon as they set foot on US soil.

    What a load of bullshit.


    So if cocaine was legal in the UK and they sold it to people in the US then the feds shouldn't go after them? (Replace cocaine with any product or service that fits) Just because something is legal in one country doesn't mean one can't face prosecution in another country where it's illegal if that product/service is offered in the other country.

    I worked briefly for a company that ran a gambling website in the UK in conjunction with Harrahs casino. On-line gaming is apparently huge in the UK. In order to legally operate the site there were all sorts of checks to verify that a user was based in the UK. It included not only identifying the physical location of an IP address but validating the address of a credit card and other steps. Apparently all legitimite gambling sites in the UK are required to take these sort of steps if you don't want to run afoul of UK gaming laws. If this was a legit UK gaming website then they would have these same checks in place that would prevent people in the US from using it. It's his own fault for violating US laws (that happen to be well known in the gambling community) and thinking that he could travel here without getting arrested.

  30. Not the first time by ReverendLoki · · Score: 4, Insightful

    Remember Dmitry Sklyarov?

    Perhaps this is all a fiendish plot to cut down on US tourism...

    --
    09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
  31. Re:I dont see the logic in this by A+beautiful+mind · · Score: 2, Insightful

    No, you got that backwards. The shop isn't flying to Saudi Arabia selling vodka, but the Saudis are flying to the UK buying vodka in a local shop ("This is a local shop, for local people; there's nothing for you here").

    --
    It takes a man to suffer ignorance and smile
    Be yourself no matter what they say
  32. 17 / 135 points by inviolet · · Score: 5, Funny

    > L
    You are sitting in an airplane seat, in the coach section of an airliner. The airliner is descending.

    > I
    You are carrying:
    • briefcase
    • wallet
    • cellphone
    • car keys
    • ticket stub
    • sword
    • bloody axe

    >READ TICKET
    I don't see any ticket here.

    >READ TICKET STUB
    The ticket stub is for an intercontinental flight from Great Britain to Mexico, with a stopover in Dallas.

    >DALLAS?
    I don't know how to dallas.

    >DOES THIS PLANE HAVE A STOPOVER IN DALLAS?
    I don't see any plane here.

    >LEAVE PLANE
    Your seatbelt holds you in the seat, preventing you from standing up.

    >OPEN SEATBELT
    You cannot open that.

    >UNFASTEN SEATBELT
    Unfastened.

    >LEAVE PLANE
    You need to stand up first.

    >STAND UP
    You are now standing. The passenger sitting next to you looks agitated.

    >LEAVE PLANE
    The exit doors are locked, as the plane is still in flight.

    >FUCK
    I don't know how to fuck.
    The plane is about to land in Dallas. You are likely to be arrested by a grue.

    >ARE THEY GOING TO ARREST ME?
    I don't see any they here.

    >EXIT
    You cannot exit now.
    Your sword is glowing faintly.

    >QUIT
    You cannot quit now.
    Your sword is glowing faintly.
    --
    FATMOUSE + YOU = FATMOUSE
  33. Gambling Hypocrisy by Mr.+Lwanga · · Score: 4, Interesting

    The only crime the offshore gaming companies committed is competing against US based brick and mortar casinos. If you travel out of a state that doesn't have gambling to a state that does, isn't the casino enabling an act that couldn't occur in the gambler's home state? The gaming corporations don't want more competition (they spent alot of money in California to restrict Indian Casinos) and the federal and state government don't want to lose revenue from offshore gambling.

  34. Racketeering? by mmmmbeer · · Score: 2, Interesting

    The previous arrest had included charges of racketeering. It's quite possible this one does as well.

    As to the Wire Act, and the enforceability of such: This is really no different than betting over the phone or by mail. This is just a newer version of an old debate - when an activity takes place over a distance, and it is illegal in one location and not the other, can it be enforced on the person in the latter? Obviously, the government of Louisiana feels it can, provided that person comes within their territory, or can be extradited. Other governments have behaved similarly, for other laws, although most just prefer censorship.

    The issue is not whether gambling should be illegal. Sure, it's a stupid law, and it would be a simple answer for this one situation if gambling was legal, but it wouldn't answer the larger question. On the one hand, no government at any level wants its laws to be so easily avoided, and it's ineffective to go after the individuals who use the service rather than the providers (just ask the RIAA - well, in a few years anyway). On the other hand, there is certainly a case to be made that those who offer services should not expect to be held in violation of a law that didn't exist in the locality from which they offered said services.

    So I guess what I'm saying is, "I dunno." Is it fair to say, "If you do something that breaks the law here, and that has an effect here, you can never come here"? Or is it fair to say, "You can't touch us, you can only block access to our site from everyone in your country"? (This has in fact been suggested by other posts here! Is this something you want to encourage?) I for one am going to consider it some more rather than locking myself into some knee-jerk reaction.

    P.S. One last thought - it's possible the warrant was issued due to activities during a previous trip to the US. That would change the whole situation.

    1. Re:Racketeering? by LargeWu · · Score: 2, Informative

      It's interesting to note that the purpose of the Wire Act was to target organized crime, and not gambling per se. Racketeering is generally associated with organized crime and/or public officials intimidating or coercing someone into providing payment under dubious pretenses. These offshore sportsbooks, however, are legitimate businesses where they are incorporated, and most people wager of their own free will. So, racketeering charges might not hold up.

      Also, there is still a lot of ambiguity around what a "wire" transaction is. I think the way the law is worded it speficially targets telephone wires. Because of this ambiguity, I think there is a strong possibility of a defense based on both the intent of the law as well as technical aspects of the Wire Act.

      IANAL

  35. Re:I dont see the logic in this by TubeSteak · · Score: 3, Insightful
    Don't forget that there is a REASON online gambling is still illegal.
    Because offshore-hosted online gambling can't be taxed?

    Casino winnings are taxed

    If Congress could figure out a way to tax all online gambling winnings, they'd do it in a heartbeat. (Specifically winnings paid out by companies outside the U.S.A.)

    As it is now, if you win from some offshore gambling outfit, it is up to you to report your winnings... or not.

    To support the Submitter/Editor's assertion that online gambling is similar to prohibition: Politicians caved in to the Prohibitionists because income from the relatively new income tax (just 7 years old) made it possible for the Federal Gov't to do without the cash from liquor taxes.

    Prohibition ended in 1934, because income taxes tanked ~60% during the first few years of the great depression.

    To summarize: Because (1) the tax revenues wouldn't be that large/needed and/or (2) Congress can't figure out how to enforce taxes, they will continue to 'ban' online gambling. Once 1 &/or 2 gets changes, they'll reconsider.
    --
    [Fuck Beta]
    o0t!
  36. No. The War Against Drugs by nead · · Score: 4, Insightful

    Is the Prohibition of the 21st Century.

  37. Re:I dont see the logic in this by AeroIllini · · Score: 3, Interesting
    So, you would support arresting drug users and letting the dealers go: correct?

    I now hereby dub YOU "Bad Analogy Guy, Jr." (in reference to your previous post, of course).

    Last time I checked, using and selling drugs are BOTH illegal in the U.S. Therefore, both users and dealers should be arrested.

    Whether the law makes sense or not makes little difference to the law enforcement community. This guy broke a U.S. law, and he was arrested for it.

    The REAL question here is whether he broke the law on U.S. soil, which really boils down further to the question: where exactly is a website located? Is it located where the server is located? Or is it located where the person using the website is located? If it's the former, then the U.S. people who used the website could be considered to be gambling in a foreign country, and not on U.S. soil, because the website is technically located in the U.K. (and thus they were not breaking U.S. law). But if the latter question is true, then the administrator of any website can be held accountable by the laws of any country any user connects from, even those laws that contradict each other.

    Either way, the U.S. government is going to do the same thing with online gambling that they did with alcohol: ignore it, then ban it, realize that ban creates crime, unban it, tax the ever living hell out of it, and finally protect the industry forevermore as a revenue stream.

    Wait, it'll happen.
    --
    For security, the MD5 hash of this message and sig is 09f911029d74e35bd84156c5635688c0.
  38. In related news, UK blocks all US Internet Traffic by Anonymous Coward · · Score: 2, Funny

    I wish we could choose which country we pay taxes to. Wait, we can! I think its time to leave the US for a country run LESS by the church, how about Vatican City?

  39. Re:I dont see the logic in this by GungaDan · · Score: 2, Funny

    "Why doesn't the U.S. instead go after the people that *were* under it's jurisdiction? Like, oh... I don't know... the gamblers?"

    'Cuz this guy has all their money.

    --
    Eloi are stupid, throw morlocks at them!
  40. Re:I dont see the logic in this by Al+Dimond · · Score: 2, Insightful

    In the case of selling most products internationally you have to actually make an effort to sell in another country. Even if you're shipping stuff sold "on the Internet" you're shipping it physically to a foreign address and should certainly make sure you're not shipping stuff to countries where it's illegal. When you open up a server on the Internet that content is available to everyone by default. In fact, there's not even really a reliable way to tell where the hits are coming from given proxies, VPNs and whatnot. The same problem exists with payment methods: yes, in most cases it's easy to determine the location of a payer given, say, a credit card billing address. But it's certainly possible to get money routed through foreign accounts or through online payment systems that don't list a shipping address. Perhaps when operating a site that accepts payments for controversial items one should mandate a payment system that includes a billing address and refuse to bill any countries but those where the service is known to be legal. That's not really very difficult, so you're right that this one guy has it easy.

    But what about services that don't require payment? For example, the P2P software that's been deemed illegal in Australia. Or racist websites operating in the US that run afoul of Canadian and European laws. Falun Gong sites that are illegal in China. Various types of pornography that are illegal in various places in the world. IIRC it's still illegal to export cryptographic software from the US to certain embargoed nations under the same laws that prohibit the sale of weapons to these nations; I'm pretty sure if you sold any other weapon to such a country the Feds wouldn't take, "But he clicked a box on our website saying he wasn't from Iran," for an answer. We run into the problem that it's easy to cross national borders on the Internet and impossible to control which borders you're crossing. All you have to do to "export" something online is sign up with your neighborhood ISP. This is one of the reasons it's been so successful.

    Expressing the laws of every country and state through a technological standard would be ridiculously challenging; even accurately representing the location of clients to every server would be pretty difficult without massive cooperation. If every country in the world tries to apply their import/export laws to Internet traffic we'll be creating massive amounts of work for server operators, who would likely overcompensate by trying to lock down their services to domestic viewers. Countries like Saudi Arabia and China that figure they probably can't force foreign webmasters to obey them set up firewalls, but those are expensive and hard to maintain. I don't have a total solution, but I think as a practical matter Internet traffic can't be treated like standard imports and exports.

  41. Archaic laws used to punish people for crimes that by kinglink · · Score: 2, Interesting

    can't be prosecuted.

    Why are we arresting these men under a Wire act that was written in 1961. The simple answer? We can't prosecute them under any other law. Gambling is illegal but because they arn't in america they arn't liable.

    The sad thing is that Americans want gambling, obviously. But they are accusing a EUROPEAN company, of breaking an American statute dealing with american "wires".

    Btw check the wikipedia article closely. "The U.S. Fifth Circuit Court of Appeals has ruled that the Wire Act applies only to sports betting and not other types of online gambling. The Supreme Court has not officially ruled on the meaning of the Federal Wire Act as it pertains to online gambling." The real question is was the betting on american sports?

    The sad fact is as an American I feel bad in this case. Every time we take an obscure law and hold someone under it, something that someone goes "oh we can nail them for that" and others go "that's clever", I die a little inside. The founding fathers didn't say "let's be clever" They said "let's make a country and laws". They didn't look for some loophole with the british, they busted some barrels of tea, got liquored up and won a war (not all in that order or the same night... I hope).

    If America really believes something like this is wrong make a law. If America really believes something like this is acceptable revoke the law. America is a very easy place but we make everything complex like this shit.

  42. I live here and... by Anonymous Coward · · Score: 2, Insightful

    ...I flat out refuse to fly. I'll drive or take a damn sailboat before I'll give an airline one penny or give those goons the satisfaction of seeing another sheep bend over to get sheared and get the shaft put to them. I cannot understand why any MAN would put up with seeing their wife or daughter get felt up by some armed goon pervo at the airport. I will NOT put up with that be a sheep nonsense at the airport. I am a FREE MAN, not some peasant who must bow and scrape in front of the king's mercenary henchmen. FUCK EM!

        So good for you foreign guys, and every time you avoid flying into or out of the US, drop a note to the airline you avoided and to some select senators here, and maybe a few letters to the editor at the big papers, let them know that this bullshit is stupid!

    The entire REASON for the formation of the USA was because we wanted to trade FREEDOM for the ILLUSION of "security" that was given by being a "king's subject". Screw that noise.

  43. Re:I dont see the logic in this by dangitman · · Score: 2, Informative
    Do you support seat belt laws? Technically the only person you harm is yourself when you don't wear a seat belt.

    Not true. If you are not wearing a seatbelt, you are unrestrained, and you can turn into a projectile in the case of an accident. You can kill/maim other passengers in your vehicle, pedestrians, or people in another vehicle if you don't wear a seatbelt.

    --
    ... and then they built the supercollider.
  44. Re:I dont see the logic in this by daspriest · · Score: 2, Insightful

    "But what about services that don't require payment? For example, the P2P software that's been deemed illegal in Australia. Or racist websites operating in the US that run afoul of Canadian and European laws. Falun Gong sites that are illegal in China. Various types of pornography that are illegal in various places in the world. IIRC it's still illegal to export cryptographic software from the US to certain embargoed nations under the same laws that prohibit the sale of weapons to these nations; I'm pretty sure if you sold any other weapon to such a country the Feds wouldn't take, "But he clicked a box on our website saying he wasn't from Iran," for an answer. We run into the problem that it's easy to cross national borders on the Internet and impossible to control which borders you're crossing. All you have to do to "export" something online is sign up with your neighborhood ISP. This is one of the reasons it's been so successful." When I was stationed in Spain, I tried to download a 128 bit encrypted browser, the site recognized my IP as not US, so denied the download. I could have gone the proxy route, but figured it was easier just to get the stuff I wanted from work with the US military IP's. But seems that most sites could deny access from sites that it is known to be illegal to access the service or software, but why is that really their concern. It's not illegal (afaik) in the UK to export gambling services, just like its not illegal to export P2P clients, so why should they be bothered.

  45. They ask if you're american and block you. by neo · · Score: 3, Insightful

    What's an international company supposed to do to keep americans from using their freedom? They ask if you're from the US. They tell you to check and see if it's legal to do what you're doing there. Are they supposed to visit you?

    The guy at my deli never asks for ID when I buy lottery tickets and all the bingo I played as a kid at church was when I was under 18... but you let one american bet the Packer's to win the SuperBowl and bam! You're in jail.

    We have a goverment that outlaws things so they can profit from doing it themselves. When the Mega-Millions jackpot is $25 million, you know how much money they make? Let's just say the goverment is taking more than half before showing you that number.

  46. This may go to the WTO -- and H/wood may lose out by LevKuleshov · · Score: 2, Interesting

    A case like this is currently before the WTO and if the US loses it will either have to ban all inter-state betting in the US (which would effectively kill the horse-racing industry) or countries like Antigua will be able to put tarriffs on US imports. The issue is that from a WTO perspective you can ban anything you want for import provided that domestic production is also banned. As the US allows betting (lotteries and even gambling websites such as YouBet.com -- which proudly describes itself as "US-based and licensed, NASDAQ-listed"), the Antiguans are arguing that the US's position is untenable. So far, the WTO seems to agree with them.

    But there's more! Since, the US is preventing more online gambling than Antigua can possibly raise in tarriffs, they are asking the WTO permission to be able to pirate Hollywood films and raise the money by selling them. Needless to say, everyone in Hollywood thinks this is a superb idea and welcomes it with open arms.

    The remarkable thing is the amount of headway that Antigua has made so far against all odds (as this Washington Post article punningly puts it)

    --
    Conquest's 3rd Law: Every organisation behaves as if it is run by secret agents of its opponents.
  47. Jxn by cpt+kangarooski · · Score: 3, Informative

    There seems to be a fair bit of confusion as to how the United States would have jurisdiction in this matter. Without getting too much into specifics, I'll quickly address this.

    The Constitution provides Congress with "Power ... To regulate Commerce with foreign Nations." International commerce with the US necessarily would involve some activities that occur outside of the US. But since the people engaging in those activities are engaged in commerce with us, they fall under the scope of what Congress can regulate. It's not necessary for them to physically be in the US at the time, for if it were, that wouldn't be international commerce; it would be wholly domestic.

    In this case, the person apparently set up a server in the UK and used it to conduct business with people in the US. Furthermore, in doing so, he apparently violated US laws which prohibit people from engaging in this form of commerce where it involves the US, regardless of where the person happens to be while doing it.

    The same sort of thing occurs regularly within the US. For example, if a person in Maine has a website which is part of a business, buying or selling something (as opposed to being merely informational), then they are engaging in interstate commerce nationwide. An Alaskan user who buys something from their site has engaged in commerce with them, and now the person in Maine is subject to Alaskan law. This is the price of doing business with people across borders in our legal system: the differing laws on both sides of the border apply, because the transaction as a whole is occuring in both, not just in one or the other.

    The actual situation is a bit more complex than this, but this is the gist of it.

    If the person who was arrested doesn't wish to get in more trouble in the future, then he's going to either need to comply with US law, or stop doing business that crosses the US border. Or he can try to avoid going to the US or having assets in the US so that he simply stays outside of our reach, despite violating our laws. (N.b. that airspace counts: there are plenty of instances of people flying on planes, and getting served while crossing the airspace of a particular jurisdiction, by someone that followed them on the plane and waited for the right moment. Landing in that jurisdiction isn't required.)

    In any case, this isn't much of an example of our stretching ourselves. If you want to see that, I'd suggest looking at the Alien Tort Claims Act. Personally, I don't have a problem with that, or with our general approach to this.

    To those who would argue that repressive countries such as China or Saudi Arabia could try the same thing for basically innocuous things like pointing out how repressive they are (as opposed to something arguably more serious, such as illegally running gambling operations), let's remember that they are repressive countries and thus no one should ever want to go there until they clean up their act. As many idiotic and downright evil things as the US has been doing lately (or historically), we're not quite that bad, and I hope we're soon to get significantly better.

    --
    -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  48. Re:I dont see the logic in this by Al+Dimond · · Score: 2, Insightful

    I think your point about exporting, in general, makes sense: people can take measures to prevent exports that their own country deems illegal. If we were really going to treat Internet exporting like physical exporting, though, the government would be cracking down on proxy servers that potentially broker traffic between embargoed nations and websites offering services. We generally don't do that, and it would probably be a horrible mess if we did, but I think that there should be a clearly codified reason why. We wouldn't want the government to randomly begin applying pressure on particular proxies it didn't like by surprise, or anything like that.

    "It's not illegal (afaik) in the UK to export gambling services, just like its not illegal to export P2P clients, so why should they be bothered."

    They should be bothered because a UK man was just arreseted for exporting gambling services to the US, and because some P2P company was somehow ordered by an Australian court to provide a modified program to Australians (I don't remember exactly how that was enforced, but it was on /. a while back). They should be bothered because people that distribute Falun Gong material aren't treated very nicely when they travel to China. Because, while they perhaps should be able to export anything their own countries allow from their domestic servers, the countries they're exporting to aren't seeing it this way.

    This is why I believe we (the United States, but also every other country that wants to consider itself a civilized nation) need a clear policy for these situations: what should our response be to illegal material from other countries on the Internet? Right now we clearly have confusion, because if there was a clear policy that the people in his situation would be arrested our UK friend would probably never have traveled to the US.

  49. Re:"Peter Dicks" by PHPfanboy · · Score: 2, Funny

    Personally I was wondering what the officer's boss told him:

    "I don't care how you do it, don't phone me again until you have Dicks in your hands..."

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    29 mpg. YMMV.