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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."

30 of 429 comments (clear)

  1. Ob by Bastard+of+Subhumani · · Score: 4, Funny

    Nuke them from orbit; it's the only way to be sure.

    George, what are you doing? I was only joking!

    --
    Only three things are certain; death, taxes, and apocryphal quotations - Ben Franklin.
  2. Rules are for others by gnurfed · · Score: 5, Insightful

    Move along, nothing (new) to see here. The US is just doing the usual "everybody but us need to adhere to the rules" routine.

  3. Re:Shut up and take your medicine by $RANDOMLUSER · · Score: 5, Insightful

    Too true. We're more than happy to go whining to the UN or impose unilateral sanctions when some other country isn't doing what we want, but when the rest of the world tries to tell us that we're being the assholes, well, we can just ignore that.

    --
    No folly is more costly than the folly of intolerant idealism. - Winston Churchill
  4. Re:Shut up and take your medicine by mwvdlee · · Score: 5, Insightful

    By "protecting" you mean "redirecting them to gamble on lotteries or horseraces"?
    Which is an alternative way of saying "redirecting them to give their money towards the US government".

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  5. What a shocker by dave420 · · Score: 4, Insightful

    The US ignores international pressure to stop being a dick. And people wonder why the world is turning against America. You can't be the loud-mouth, violent, drunk guy on your block, with engine parts all over your lawn, shooting guns at people who pass by, without expecting those people to not give you the time of day.

  6. My butt by palladiate · · Score: 4, Interesting

    I doubt you'll find many Slashdotters hanging out with your average WTO protester. Sure, they both may be pasty, unwashed, and/or unshaved, but the similarity ends there. I'd bet most Slashdotters understand basic economics and understand there's generally nothing wrong with the WTO. Depending on how protectionist or stupid your leaders may be, your mileage may vary.

    The crux of the issue here, is that unlike in the EU where local moral and religious laws get some protection from EU decisions, the WTO frowns on morality-based protectionism. As well they should. What business is it of our government to dictate what someone can do with their money? Gambling restrictions in this country are sold as religion-based. A good portion of Christians think that gambling is immoral. The other portion thinks that gambling is a waste of money and disproportionatly affects the poor. I suspect the real reason is because the state likes having a monopoly on gaming (state lotteries) and doesn't want the free market driving their payout percentages.

    Then again, I'm not your "average" Slashdotter. Even though I AM an economist, the internet is full of people who read Atlas Shrugged and think they have a degree from Wharton or something. So I may be wrong about your "average Slashdot user."

    1. Re:My butt by gmack · · Score: 4, Insightful

      The WTO certainly does not frown on morality based protectionism. There are actually WTO rules to specifically ban things for moral/religious reasons but the rule is that bans must apply equally to companies based inside the country as well.

      The US gambling laws are economic protectionism hidden behind a thin veil of moralism and that's what the WTO is objecting to.

      If they still want to ban gambling then they need ban it for everyone and remove the exceptions for US businesses.

  7. Re:Shut up and take your medicine by syntaxglitch · · Score: 5, Insightful

    And, one will note, if all gambling were 100% illegal in the US, we'd be in the clear with the WTO, too. This has nothing to do with "protecting" people (not that protecting people from themselves is a good thing anyways).

  8. Somebody... by Seumas · · Score: 5, Interesting

    . 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. Somebody wants to be considered part of the Axis of Evil and treated as a terrorist nation!
  9. Re:Hmm.... by Dunbal · · Score: 4, Interesting

    How can the US be slammed for protectionism when we don't let anyone in the US to do online gambling?

          But you do let people gamble in American casinos in Vegas, Atlantic City (at times!) and certain native American reservations? Why not online? Protectionism, see?

    It's like Columbia complaining to the WTO that we ban cocaine.

          No it's not. Cocaine is illegal in both the US and Colombia. Gambling is legal in parts of the US and in Antigua. The US created a law to make "online" gambling illegal, but no one goes to jail for going to Vegas even if gambling is illegal in their state. Therefore Antigua complains. Especially since most of their business came from the US. That's what trade organizations are all about, really.

    but I think online gambling falls into a different realm. Because of the ease of access, it could lead to an major increase in gambling.

          Thank God that we have you as our self-appointed Censor!

          Yes some people have gambling problems, and can ruin their lives (and their family) through gambling. However not everyone has this problem. Most people can keep to the limits they establish themselves.

          You suggest a prohibition type scenario. If you look around you perhaps you might understand what happens when government prohibits something that the people want. The people do it ANYWAY. Example - alchol in the 20's. Drugs today. Prohibition enables organized crime to get rich from the public vice. It does not stop the vice.

    --
    Seven puppies were harmed during the making of this post.
  10. Re:Shut up and take your medicine by Red+Flayer · · Score: 5, Insightful

    In a democracy, the government's purview is not to protect their people, but obey their commands.
    Which is one reason the US isn't a democracy. What the majority of people think is not necessarily the best course of action -- the will of the people can be a very dangerous thing.

    That said, the role of government in a representative republic shouldn't be to protect people from themselves, either.
    --
    "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  11. Re:Hmm.... by Alioth · · Score: 4, Insightful

    No, I don't think people generally love the WTO - however, they can see the irony when the very same institution which was used by the US to force others to do what the US wants is then ignored by the US, when the US is doing something contrary to the rules of the same organization it was using to browbeat others.

  12. Re:Shut up and take your medicine by Dunbal · · Score: 5, Insightful

    There's nothing pathetic about protecting your citizens from gambling away their mortgage/rent/food money with the ease of a click of a mouse button.

          Someone that stupid deserves to be on the streets.

          Wait, if we follow your argument, perhaps a government appointed agent should visit you during sex and make sure you use a condom. After all, there's nothing pathetic about protecting your citizens from contracting a deadly disease from a 5 minute sexual encounter.

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    Seven puppies were harmed during the making of this post.
  13. Same as our Softwood lumber by MrShaggy · · Score: 4, Interesting

    The US slapped a tariff on our (Canadian) Softwood lumber exports into your country. Claiming that our Industry is heavily subsided by the government.

    These fines have added up to 2 billion dollars. We had gone repeatedly to the WTO about the issue, and they said that we were in the right, and that the US must gives our money back. This has been going over 10 years.

    The US knows that it is in the wrong. However they simply won't pay the fine.
    So forget about anyone else getting any rulings through the WTO.

    --
    I have mod points and I am not afraid to use them.
    1. 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.
  14. 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.

  15. Re:Shut up and take your medicine by IdleTime · · Score: 4, Insightful

    Indeed... The US has become a 1st world economy/military with a 3rd world society. I've lived and worked here for a decade and it's getting worse by the day.

    Look at all stats too, USA is sliding down the lists so fast you wonder what happened. USA has been surpassed in most areas by countries who care about it's citizens and it's businesses. But Americans continue to claim to be #1 even when all stats show otherwise. It must be nice to be so brainwashed and ignorant.

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  16. Re:Shut up and take your medicine by tinkerghost · · Score: 5, Insightful

    There's nothing pathetic about protecting your citizens from gambling away their mortgage/rent/food money with the ease of a click of a mouse button.

    That would be really nice, if that was what was happening. However, if you live in CT, NV, or a few other states, you can quite happily log into an in-state's casino website & gamble away your life savings. Or you could just go to the OTB website & do so across state lines. Or you can go to your states lottery website & do it.

    Nope, look at the reasons the US govt is giving, 'the money supports drug lords', 'the money supports terrorists', 'Online gambling is being blocked because of moral reasons'. The first 2 are bunk because Antigua monitors their gaming establishments very carefully, they are about 30% of the countries GNP. If the last one was true, and it is the reason they formally advanced to WIPO, then they would be obligated to block it within the US as well. WIPO told them that, and they responded by doing nothing internally & passing more international restrictions.

    This is not about a moral issue, this is about blocking money moving out of the country. That's protectionism, and it's blocked by all the treaties we've signed - we've screamed in the past on exactly the same points, so it's perfectly alright to call the US govt a bunch of hypocrites, because they provably are. That's not anti-US, it's fact. I know it's hard to believe, but even in this day & age, sometimes we still get to say the Emperor has no clothes without a trip to Gitmo.

  17. Re:Shut up and take your medicine by Dunbal · · Score: 5, Insightful

    Alcohol is controlled and regulated by the government. There are rules in place to reduce the harm do

          Ha ha ha ha ha! Looks like you bought the story. The controls are simply to make sure that every single bottle of booze is TAXED. They don't give a shit about you. If they did, it would be treated just like a controlled medication (eg opioids) - some authority has to sign so you can get it, you only get small doses at a time, and special measures are in place to make sure you don't go "shopping" to "stock up". Even in this case the controls are to prevent someone becoming a supplier of opioids rather than abusing them.

    You can walk into any liquor store and buy all the booze you want - enough to kill yourself many times over. So long as it's taxed. Same deal with tobacco. And gambling must be done in specific places, so the government can keep its eye on the books to make sure the tax is paid.

    --
    Seven puppies were harmed during the making of this post.
  18. Re:Hmm.... by Seumas · · Score: 4, Insightful

    Oh, boo hoo.

    Despite whatever misguided beliefs you may have, America has always been highly respected and loved by people all over the world. Whether you were from France, Germany, Japan or anywhere else, people looked toward America as an example for the rest of the world. A place people wanted to be. A country of hope for those who had none and a people that people loved. Perhaps not perfect, but still a place that gave hope to even those who loved their own countries.

    This was illustrated by the response immediately after 9/11. Remember "We All Today are USA"? Remember people in every city on the planet marching, crying, holding vigils and saying they love America and that the attacks broke their hearts?

    For a moment in time, we held the sympathy of a world that looked to us. And then we blew it. Some people hate America, including some Americans. For others around the world (and in America), it's not so much hate as disappointment. I have talked to countless people from every walk of life around the planet and one thing is consistent. They love Americans and they loved the America that gave them hope. That stood for ideals, cared about peace and freedom and being both an example to and a beacon for other free civilizations world-wide. Just because they criticize the country doesn't mean they hate it. It means they are frustrated with it. They are frustrated that the one great example of everything that appealed to them has turned on its head.

    Rather than playing the Fox News "they hate our freedom and our baby jebus!" card that is so easy for the ignorant, self-involved idiots to play, try considering that just maybe we lost the sympathy, affection and respect of the entire world on our own watch and of our own accord. If we want to be able to travel the globe and enjoy the respect and fascination people once had for an American abroad, we need to reconsider our actions past and our decisions future. You can't lumber around the playground like a clumsy bully and simultaneously, shouting that you don't care what anyone else thinks and treating everyone else in the world community as a lesser human being by their nationality and simultaneously expect to be seen as a respectable victim standing up for themselves.

    Part of being a mature country that provides world-wide leadership means giving great consideration to actions yet taken and honest introspective review of those already performed. Let's do a little less flag-waving and "put a boot in their ass" Toby Kieth bullshit and a little more growing up. I, for one, resent that those much older than myself have stolen the respect and admiration that being an American used to deserve and that my generation will probably not be alive by the time we manage to regain that respect.

  19. Re:Shut up and take your medicine by x_MeRLiN_x · · Score: 4, Funny

    Five minutes? What endurance pills are you taking?

  20. Re:Shut up and take your medicine by Gr8Apes · · Score: 5, Insightful

    Republicans were in power.

    You know - the "family first, anti-drugs, small government" republicans? That same party where both the president and VP have DWIs? Where every single candidate in the 2008 race has been divorced at least once? The party that over the past 6 years has increased the size of the government and budget to the largest ever?

    Disclaimer: I was a Republican. The above facts are just some of the many reasons I no longer am. The hypocrisy of that party boggles the mind.

    --
    The cesspool just got a check and balance.
  21. Re:Shut up and take your medicine by syntaxglitch · · Score: 5, Interesting

    The nasty letters didn't work on North Korea, Iraq, Iran, etc etc, they certainly won't work
    on the USA either, UN, WTO, all other "organizations" are powerless and pointless.
    tom Oh, okay, so the USA isn't any worse than NK, Iraq, or Iran? That's a stunning endorsement.

    It's like the Bush fans who justify his behavior by saying "oh, but Clinton did this stuff too!" Well, when you spend years whining and bitching about how bad the other guy was, you kinda lose the right to use "they did it first" as a defense.
  22. world has much to fear from american nationalism by circletimessquare · · Score: 5, Insightful

    and much to fear from arab tribalism

    and much to fear form chinese imperialism

    and much to fear from russian colonialism

    and much to fear from european patriotism

    and much to fear form indian chauvanism

    etc.

    all of these things. not just the americans. not just the arabs

    our only saving grace in this world is you and me, seriously: those who see our problems as human problems, not japanese/ pakistani/ indonesian/ brazilian/ etc. problems

    that's the challenge of this 21st century: the defeat of nationalistic hubris/ tribal pride, the emergence of universally accepted standards of HUMAN brotherhood

    you and i know are shared humanity is more important than the country on our passports. unfortunately, too many in this world think their national/ racial/ tribal allegience is more important than their simple shared human allegiance

    the challenge of the 21st century is the defeat of such people

    --
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  23. Re:Shut up and take your medicine by radtea · · Score: 5, Insightful

    Which is one reason the US isn't a democracy. What the majority of people think is not necessarily the best course of action -- the will of the people can be a very dangerous thing.

    Too true, which is why the framers of your constitution put in a section entitled Limits on Congress that says, amongst other things, "The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."

    This provides a nice empirical test of the claim "the US isn't a democracy." So long as Congress does not pass a law like the Military Commissions Act of 2006, which suspends Habeas Corpus for non-citizens the US could plausibly be claimed to not be a democracy. Now that the law has been passed, it is much more difficult to make that claim. Note that the language of the Constitution is clear and unambiguous and says nothing about the citizenship of the people for whom Habeas Corpus may be suspended.

    The fact that Congress passed the Military Commissions Act of 2006 suggests that they know the voters will reward them despite the unconstitutional nature of the law. That sounds like a democracy to me.

    As time passes, the US looks less and less like a democratic republic and more and more like a democratic oligarchy, in which a small clique of the ultra-wealthy ruling class both court and manipulate the unrestrained will of the populace, usually in the name of security of some kind. The Republicans focus on security against drugs and porn and terrorism; the Democrats focus on security against poverty and unemployment and porn (remember Tipper Gore?). This is a far cry from the republic your founders envisioned and to an extent achieved, in which the constitution put limits on the will of the people in the name of liberty.

    --
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  24. Re:Shut up and take your medicine by wiggles · · Score: 4, Insightful

    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?

  25. Re:Shut up and take your medicine by jonwil · · Score: 4, Insightful

    It has nothing to do with blocking money moving out of the country. What its really about is protecting the gambling tax revenues derived from the big US based gambling organizations (such as the Vegas casinos and the state lotteries in various states). And about protecting the revenues of those same US based gambling organizations (such as the big corporations who own all the Vegas casinos)

  26. Re:Shut up and take your medicine by syntaxglitch · · Score: 5, Insightful

    We've been in this camp for a long time. When the UN wanted to teach girls about family planning, it was the US and Iran that went to bat against the measure. Doing things wrong for a long time does not make them less wrong. It's important to keep pointing out that if we're going to call ourselves the best, we can't defend our shortcomings by saying that the worst sort also do them. We have the potential to be better than that, damn it.

  27. 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.
  28. ok, some realism: by N3wsByt3 · · Score: 4, Insightful

    "Despite whatever misguided beliefs you may have, America has always been highly respected and loved by people all over the world."

    Not true. First of all, the respect and love has changed (going up and down) throughout the history of the USA, and secondly, the respect and love has never been universal 'all over the world'. In fact, I don't think there has ever been a time where the USA wasn't hated or disrespected by at least *some* part of the world.

    And even in the best of times, I'm not sure one could say any population of a foreign country really 'loved' americans. Of course, that would depend on your interpretation of 'love'; if you mean by that a general 'goodwill' or 'liking' it would be more correct then something like 'adoring'.

    "This was illustrated by the response immediately after 9/11. Remember "We All Today are USA"? Remember people in every city on the planet marching, crying, holding vigils and saying they love America and that the attacks broke their hearts?"

    No, I don't remember that. First of all, I doubt it was in 'every city on the planet' - that reeks hyperbole, actually. Secondly, in some cities, they were marching and crying allright, but rather of joy that the USA got hit. This s particular the case in a lot of cities in the Middle East, where the USA has been seen as an imperialistic agressor since the last decade.

    There was a lot of sympathy in Europe and other countries, however. But that sympathy shouldn't be construed as 'love for america and amercans', but rather sympathy for the thousands of victims of such a brutal act, regardless of their country of origin.

    "For a moment in time, we held the sympathy of a world that looked to us. And then we blew it."

    True.

    "Some people hate America, including some Americans."

    Well, more correct would be to say that *a lot* of people hate americans. And even more *dislike* America, or at least its current government (and by extension sometimes half of its population). You find the former more with middle-east countries, but the latter is currently wide spread, even among traditional allies like the europeans.

    "They love Americans and they loved the America that gave them hope. That stood for ideals, cared about peace and freedom and being both an example to and a beacon for other free civilizations world-wide.[snip]"

    I think you're being way off here, in an over-optimistic, self-indulgent way. I would rather say that some parts of the world, especially Europe, was considerable more sympathetic towards the USA (the 'love' and 'hope' thing is largely hyperbole, sorry) after WW2. In fact, Europeans had a reasonable amount of sympathy for the USA under the Clinton-administration; I can't remember the same anti-amercanism-feelings back then (at least not to the huge degree it has today), and it's not like it's THAT long ago.

    "Just because they criticize the country doesn't mean they hate it."

    Well, large parts of middle-east populations do actually hate the country. Western countries are more moderate, but there too (at least nowadays) large parts hate the bush-government, and to an extension, part of the populace too (since half voted for bush, after all). Though I think 'despise' would be a better term than 'hate' where European feelings are concerned.

    "try considering that just maybe we lost the sympathy, affection and respect of the entire world on our own watch and of our own accord"

    True.

    "Let's do a little less flag-waving[]"

    Good idea. But note that your own post isn't completely void of such (slightly veiled) flag-waving.

    I think, all by all, you did try to give an honest post about your own people/country, without trying to blame everyone else but the USA. In that respect, you are to be applauded, and way more sincere than a lot of other USA-posters around here.

    That said, you still have some of that weird, self-flattering, narcistic worldview about the world and the place of the USA in it. I think that's largely due

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