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WTO Again Sides With Antigua Over Online Gambling

TechDirt writes "For some time we've been following the ongoing conflict between the US and the island nation of Antigua surrounding internet gambling. Even before the passage of the most recent anti-gambling law, Antigua had gone to the WTO to complain that the US government's actions against online gambling were de facto protectionist measures, and thus violated international trade law. The WTO ended up siding with Antigua, although, quite predictably, the US did nothing to resolve the issue -- in fact, things have only gotten worse. Now the WTO is speaking out again, slamming the US government for its failure to abide by the decision against it. Once again, it seems likely that the US will ignore the decision, although that would give Antigua the right to retaliate. One possibility that's been thrown out there is that Antigua may turn itself into a haven for free music and software and set up some site like allofmp3.com. Of course, the US put pressure on Russia to crack down on that site, as part of the country's admittance into the WTO, but since Antigua is already part of the organization, the US would have no such leverage. Now, the WTO has spoken out again."

11 of 429 comments (clear)

  1. Re:slashdotit sucks by the_unknown_soldier · · Score: 1, Informative

    It was an april fools joke. When those stories disapear so will the slashdottit box.

  2. Re:Hmm.... by jambay · · Score: 3, Informative
    I do not think your argument holds up to scrutiny. Antigua is calling the US a hypocrite because we allow certain types of gambling, even remote gambling (off-track betting with horses and dogs, keno, lotteries, etc). I do not think your arguing about a different realm and a potential increase in gambling means anything from a legal perspective. It's an emotional and relative argument that is not consistent with how the law is currently applied. Quoted from the news service:

    The report also noted that the Unlawful Internet Gambling Enforcement Act (UIGEA), which was passed after Antigua's initial complaint, has the same loopholes that exist in the laws that encouraged Antigua to file the complaint. These loopholes are the main reasons that the panel ruled the U.S. is violating trade laws. Because the U.S. allows certain types of online gambling transactions to take place within its borders, but actively tries to stop the same services from being offered by companies located outside the U.S., the U.S. is violating WTO agreements.

  3. State lotteries and horse racing by sgent · · Score: 5, Informative

    State lotteries and horse racing which can be bet on via the internet is what destroyed our case. The WTO allows for "morality" based restrictions -- but they must be applied uniformly. Since we already allow for online gambling, restricting foriegn interests from participating is the problem.

  4. Re:Same as our Softwood lumber by Derek+Pomery · · Score: 3, Informative

    http://jurist.law.pitt.edu/paperchase/2006/04/wto- rules-for-us-in-canada-softwood.php
    Googled for this out of interest.
    Do you have a more recent story? Because this one from last year contradicts you.

    --
    -- perl -e'print pack"H*","6e656d6f406d38792e6f7267"' /. ate my old sig. Bastards.
  5. Re:Same as our Softwood lumber by Derek+Pomery · · Score: 4, Informative

    From the WTO ruling.
    "6.2 We therefore consider that the United States has implemented the recommendations and
    rulings of the DSB in US - Softwood Lumber V, to bring its measure into conformity with its
    obligations under the AD Agreement.
    6.3 Having found that the United States did not act inconsistently with its obligations under the
    asserted WTO Agreements, we consider that no recommendation under Article 19.1 of the DSU is
    necessary, and we make none."

    http://www.dfait-maeci.gc.ca/tna-nac/dispute-en.as p#11

    Final settlement documented here:
    http://w01.international.gc.ca/MinPub/Publication. aspx?isRedirect=True&Language=E&publication_id=383 935&docnumber=45

    --
    -- perl -e'print pack"H*","6e656d6f406d38792e6f7267"' /. ate my old sig. Bastards.
  6. Re:Shut up and take your medicine by Dun+Malg · · Score: 4, Informative

    You do realize that most places allow you to produce a certain amount of beer/wine/whiskey/whatever tax free for your own consumption, right? Do you realize that if they catch you producing any distilled liquor, you're going to jail? Beer and wine, yes. Distilled spirits? No. And the limits on the former being about "personal consumption" are there to protect taxation.
    --
    If a job's not worth doing, it's not worth doing right.
  7. Re:Shut up and take your medicine by AndersOSU · · Score: 2, Informative

    WTO - World Trade Organization

    The WTO cares because one of Antigua's chief exports is gambling. Since we're a member of the WTO we've agreed to not apply protectionist measures to other WTO countries. Banning over-seas gambling is a de facto protectionist measure.

    The WTO is not particularly concerned with human rights violations, only the free flow of goods and services between its member countries.

  8. Re:Shut up and take your medicine by rainman_bc · · Score: 2, Informative

    democratic oligarchy, in which a small clique of the ultra-wealthy ruling class both court and manipulate the unrestraine

    Isn't that a Plutocracy?

    Honestly, when your Congressmen are openly bought by lobby groups, you guys should have a really issue with that... Votes in Congress should not be bought by the highest bidder, and it's sad that Congressmen so open are okay with that.

    And when your choice is Incumbant Congressional Whore A vs. Challenging Congressional Whore B there isn't a whole hell of a lot anyone can do about it...

    And Senators are no better - equally as whorish as their Congressional counterparts.

    --
    09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
  9. Re:Shut up and take your medicine by cens0r · · Score: 2, Informative

    We do allow domestic online gambling. You can gamble on horse racing online legally in the united states. This is Antigua's argument. We either have to ban it all, or ban none.

    --
    Jack Valenti and Orrin Hatch will be first up against the wall when the revolution comes.
  10. Re:Shut up and take your medicine by cens0r · · Score: 2, Informative

    But we outlawed off shore gambling on horses. We also outlawed off shore sports gambling. The WTO says we can't. The US said they outlawed it for moral reasons, but the WTO said that as long as you have some online gambling you can't use that excuse.

    --
    Jack Valenti and Orrin Hatch will be first up against the wall when the revolution comes.
  11. Re:Same as our Softwood lumber by Anonymous Coward · · Score: 1, Informative

    http://www.canada.com/vancouversun/news/business/s tory.html?id=219f231b-4736-4970-9179-9f3edf4c0634& k=31811
    August 2006.

    Despite the "Settlement" of April of 2006, the U.S. continues to ignore WTO rulings that are not in its favor, regardless of the industry in question.