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Prediction Market Site InTrade Bans US Customers

MyFirstNameIsPaul writes "In an announcement dated Monday, Nov 26, 2012, Dublin-based InTrade stated 'that due to legal and regulatory pressures, InTrade can no longer allow U.S. residents to participate in our real-money prediction markets.' The Washington Post reports that the Commodity Futures Trading Commission filed a complaint in federal court against InTrade for 'illegally facilitating bets on future economic data, the price of gold and even acts of war,' demonstrating just how far the long arm of U.S. law can reach."

26 of 260 comments (clear)

  1. Yes, a truly shocking abuse of gov't power. by Anonymous Coward · · Score: 4, Insightful

    "InTrade can no longer allow U.S. residents to participate in our real-money prediction markets"..."demonstrating just how far the long arm of U.S. law can reach"

    US law being applied to US residents?! Outrageous!

    1. Re:Yes, a truly shocking abuse of gov't power. by IamTheRealMike · · Score: 5, Insightful

      No, US law is being applied to a non-US company because they offered services to US residents.

      In a sane setup, the US regulators would go and prosecute US residents who used illegal services, not foreign companies with foreign owners who are not in US jurisdiction. However, prosecuting lots of ordinary Americans is not politically attractive to these sorts of regulatory bodies, so they try and impose US law on foreigners instead. Now maybe these InTrade employees will have to avoid ever flying near the USA again in case their plane is forced to land and they're arrested.

    2. Re:Yes, a truly shocking abuse of gov't power. by Synerg1y · · Score: 5, Insightful

      The key word is right in the summary "pressure". Think of how MS packages windows for euro use, yep the door swings both ways. They didn't have to ban U.S. customers, but rather than dealing with the U.S. , they chose to do so, just like google, MS, and a plethora of other companies have in the past. This is hardly news.

    3. Re:Yes, a truly shocking abuse of gov't power. by MightyYar · · Score: 5, Insightful

      The US doesn't ban gambling, they protect the government's monopoly of it.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    4. Re:Yes, a truly shocking abuse of gov't power. by SydShamino · · Score: 5, Interesting

      Err, with rare exceptions, most national laws apply to people (citizens, residents, and visitors) within the national borders, but don't apply to people currently residing or visiting a different country. As a quick example, it's illegal for U.S. citizens, residents, and visitors to possess marijuana while in the U.S., but it's not against U.S. law for them to possess marijuana while in the Netherlands (unless Netherlands law makes it illegal).

      So in this case, blocking by U.S. IP address effectively stops people in the U.S. from doing something illegal for people in the U.S. to do, while not preventing those in other countries (including U.S. citizens in other countries) from doing that same thing if it's legal where they currently are.

      --
      It doesn't hurt to be nice.
    5. Re:Yes, a truly shocking abuse of gov't power. by TubeSteak · · Score: 5, Insightful

      Since it's The Washington Post, they buried the lead at the very very end of TFA.

      Monday's complaint includes charges that TEN violated that earlier settlement. The company used Intrade to offer illegal options including on the future prices of gold, changes in the unemployment rate and a measure of U.S. economic output, the complaint said. It said TEN failed to provide the pop-up notices mandated in the 2005 order.

      Intertrade had already been charged with the exact same offense, had agreed to stop doing so, but didn't.
      Somehow this is an issue with intrusive, authoritarian governments?

      /And I don't think anyone is arguing that commodities futures should not be regulated, because they would be wrong.

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      [Fuck Beta]
      o0t!
    6. Re:Yes, a truly shocking abuse of gov't power. by s73v3r · · Score: 3, Insightful

      Why the fuck would you "call that out", though? That's an absolutely stupid point to make. Of course US law is going to apply to people inside the US. Just like German law would apply to me if I went and visited Germany.

    7. Re:Yes, a truly shocking abuse of gov't power. by dcollins · · Score: 5, Informative

      "Err, with rare exceptions, most national laws apply to people (citizens, residents, and visitors) within the national borders, but don't apply to people currently residing or visiting a different country. As a quick example, it's illegal for U.S. citizens, residents, and visitors to possess marijuana while in the U.S., but it's not against U.S. law for them to possess marijuana while in the Netherlands..."

      But the U.S. House of Representatives did pass a bill last year to reverse exactly that.

      http://www.huffingtonpost.com/2011/10/06/us-drug-policy-war-congress_n_998993.html
      http://www.govtrack.us/congress/bills/112/hr313

      --
      We know where leadership by an anti-intellectual "strongman" who scapegoats minorities and likes boisterous rallies goes
    8. Re:Yes, a truly shocking abuse of gov't power. by BlueStrat · · Score: 3, Insightful

      Intertrade had already been charged with the exact same offense, had agreed to stop doing so, but didn't.
      Somehow this is an issue with intrusive, authoritarian governments?

      Yes, if the US government is attempting to extend it's legal jurisdiction to control what a sovereign foreign national or foreign business does in their own nation. Does Iran get to extradite and prosecute Hollywood film companies and/or their execs for depicting women not covered by hijabs and/or burqas?

      /And I don't think anyone is arguing that commodities futures should not be regulated, because they would be wrong.

      If by "regulation" you mean laws and regulations to prevent fraud/cheating/stealing and to enforce legal contracts and negate illegal or unconscionable contracts, then I agree.

      If you mean the type of intrusive and byzantine laws and regulations that exist now that attempt to "shape" and "steer" the market according to some politician's or bureaucrat's fantasies, then I AM arguing against regulation, regardless of your opinions either way.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    9. Re:Yes, a truly shocking abuse of gov't power. by nasch · · Score: 4, Insightful

      Yeah it can be really inconvenient to go after the people actually breaking the law. Let's just go after the convenient targets instead, because law enforcement is hard!

    10. Re:Yes, a truly shocking abuse of gov't power. by Burning1 · · Score: 3, Informative

      This is not true in all cases anymore. The US recently passed laws banning 'sex tourism' which is the act of hiring certain classes of prostitutes while traveling abroad, even when engaging in those acts is legal in other states. The purpose of the law is to prevent US citizens from engaging in sexual acts with young children in foreign countries, even when such acts are legal in the country where the act occurred.

      http://en.wikipedia.org/wiki/Sex_tourism#Child_sex_tourism
      http://en.wikipedia.org/wiki/PROTECT_Act_of_2003

  2. How far is too far? by MetalliQaZ · · Score: 3, Insightful

    Is the long arm of the law reaching too far? Sounds like a gambling company was operating in the US, or at least for US customers. Gambling is illegal (unless the government is in on it, a discussion for another day :) in the US. Therefore they filed a complaint. Sounds like everything is legit.

    --
    "Here Lies Philip J. Fry, named for his uncle, to carry on his spirit"
    1. Re:How far is too far? by timmyf2371 · · Score: 4, Insightful

      InTrade is an Irish company, founded by an Irishman, with a HQ in Dublin. They also banned the use of US credit and debit cards in 2010 - so cannot be actively seen to be soliciting business from the US.

      Considering these facts, I'm not entirely comfortable with an unrelated country being able to have such an impact on a foreign company, which only operates overseas.

      --

      Backup not found: (A)bort (R)etry (P)anic
    2. Re:How far is too far? by TubeSteak · · Score: 3, Insightful

      Considering these facts,

      Next time try reading to the end of TFA, where they mention that the Irish company, founded by an Irishman, with a HQ in Dublin, had settled the exact same charges (with the CFTC) in 2005.

      Awkward.

      --
      [Fuck Beta]
      o0t!
  3. Another stupid summary by oldhack · · Score: 3, Insightful

    The US law affecting the US citizens, what's that got to do with "long arm"?

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    1. Re:Another stupid summary by dcollins · · Score: 5, Interesting

      "So you think the US can stop you from purchasing wine while in Italy on vacation?... No, but that's an absolutely fucking retarded comparison. 1). Purchasing wine is not illegal in the US or Italy. 2). The transaction occurs on Italian soil, therefore the participants are subject to Italian law."

      So do you think this bill passed by the U.S. House of Representatives last year (HR 313: criminalize any drug activity by U.S. citizens overseas, even if legal in the foreign country) is valid or not?

      http://www.govtrack.us/congress/bills/112/hr313

      --
      We know where leadership by an anti-intellectual "strongman" who scapegoats minorities and likes boisterous rallies goes
  4. Re:Hmmm ... by LaminatorX · · Score: 5, Insightful

    The Feds' problem is that it's effectively a futures/options market in many respects, and such instruments are to be traded on regulated exchanges. Intrade is not so regulated, thus they are being excluded from the US market.

  5. Re:USA citizens used to be first class by Sique · · Score: 4, Insightful

    I have said it and will say it again. You with your vote (or your non voting) got the people into Congress who limited your ability to bet on future events. Don't complain about the laws Congress makes!

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    .sig: Sique *sigh*
  6. Good riddance! by Anonymous Coward · · Score: 5, Insightful

    I, for one, am very glad these unlicensed options traders are getting stamped out! There's no room in the economy for these shenanigans! Just think what could happen if people started massively trading options on unregulated exchanges - people would start speculating, maybe betting on, say, housing prices going up or down, and before you know it, we could have a housing assets bubble that would burst, bring down the economy and require massive government bailouts! I'm so glad that options trading is restricted only to regulated, licensed exchanges where such things couldn't ever happen......

    The lesson here is this: if you're a small person trying to speculate - that's bad! If you're a giant investment bank trying to speculate - go right ahead, just as long as your dealer^H^H^H exchange is "regulated".

    1. Re:Good riddance! by s73v3r · · Score: 5, Insightful

      I'm perfectly fine with the taxes being paid on only the profit. I'm just wondering why the hell simply having money to invest is rewarded more than actually doing work. Capital gains should be taxed at the same rate as ordinary income, if not higher. There is no reason whatsoever that we should be rewarding people for simply having money.

  7. Try getting a brokerage account in the UK from USA by whoever57 · · Score: 3, Insightful

    No brokerage in the UK will allow a "US person" to open an account. This has been true for at least 3 years and probably more.

    --
    The real "Libtards" are the Libertarians!
  8. Re:USA citizens used to be first class by Anonymous Coward · · Score: 3, Insightful

    I have said it and will say it again. You with your vote (or your non voting) got the people into Congress who limited your ability to bet on future events. Don't complain about the laws Congress makes!

    Voting or not voting has nothing to do with complaining. At this point, we are too far gone for 'elections' to make any difference. Our freedom went out the window when we decided that 50+1 % can make law. That is called the tyranny of the majority. For some it takes away freedom to intrade, for others freedom to smoke pot, for some the ability to buy and sell raw milk, or sleep on a mattress without fire retardants, or continue to purchase incandescent light bulbs.

    It is becoming more and more obvious that these restrictions are not for our own good, or even for the children. It is simply about control - getting millions of people to do or not do something at the will of our leaders. When we as people do that to animals, it is called a farm - and they are called cattle. What does that make you?

  9. Damn, this sucks by Nidi62 · · Score: 5, Funny

    I had money down at InTrade betting that this was going to happen. Now how am I supposed to get my money!?

    --
    The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
  10. Re:Hmmm ... by alexander_686 · · Score: 4, Informative

    To put a finer point on this, Standardized derivative contracts that trade on an exchange are heavily regulated. Option and future markets tend to be abused by inside traders, fast talking high pressure brokers, etc.

    Most derivative contracts (by notional amount), however, trade OTC and are lightly regulated. Think SWAPs, CDOs, etc. However, the traders are large companies which are heavily regulated and are (supposed) to have sophisticated risk and capital controls.

  11. Re:USA citizens used to be first class by SaroDarksbane · · Score: 5, Insightful

    "Listen, the government gave you a choice between Goldman Sachs and Goldman Sachs in the last election, so you can't complain that Goldman Sachs is raping your future!"

    Yes, that follows logically . . .

  12. Re:Hmmm ... by tmosley · · Score: 3, Insightful

    And that is why America is doomed. It's race to the bottom, and we're all "winning".