Online Gambling in Atlantic City

For better or for worse, online gambling is coming to New Jersey.

In late February, Chris Christie officially signed into law a bill that legalized internet gambling in Atlantic City.

Initially the bill was vetoed by the Governor because of issues surrounding transparency and taxes. Lawmakers adjusted the text and the amended bill passed by an overwhelming majority in the legislature and earned Christie’s seal of approval.

Here are the basics of the bill:

– Casinos located in Atlantic City will be able to apply for a license to offer online gambling. Only the twelve official Atlantic City casinos will be eligible for the license. No other organizations can offer internet gambling, and face stiff fines if they do. All facilities used for the operation of internet gambling must be located within city limits; only bets that are received by a server in Atlantic City will be legal.

– Players must be “physically present” in New Jersey to place wagers. In the future, New Jersey may develop agreements with other states where internet gambling is legal to permit out-of-state gambling. The casino’s equipment must verify players’ locations before accepting wagers.

– Any games available to play in the casinos can be played online. (For comparison, Nevada only allows poker.) As of now, sports betting will not be protected by this bill, although the state of New Jersey is trying to fight the federal statute barring the legalization of sports betting.

– The bill has all kinds of provisions to keep gambling addiction at bay, such as requiring the prominent display of the 1-800-GAMBLER hotline number, a way to set maximum bets and losses over a certain period of time, and tracking player losses to identify and limit users who may demonstrate addictive gambling behavior.

– Revenue from online gambling will carry a 15% tax. The Christie administration states that about $180 million in revenue for the state will be generated from this tax, but some analysts think this number is seriously overestimated.

The official regulations, which the bill required the Division of Gaming Enforcement to produce, were released on June 3, and are subject to a “public comment period” until August 2 before being finalized. These rules include details such as how a casino acquires the appropriate licenses and procedures for maintaining network security on gambling sites.

So, will online gambling actually benefit the state?

The Good

Revenues from Atlantic City casinos have been on the decline for the past seven years, and online gambling could be what saves the failing casinos. Since 2006, casino revenue has dropped from $5.2 billion to around $3 billion. Online gambling could be a $500 million to $1 billion industry in New Jersey, which may be enough to keep struggling casinos afloat and save jobs in Atlantic City. Further, even though estimates of tax revenue are all over the map, there is potential for online gambling to be a considerably valuable source of money for the state. The casinos will also have to pay a tax to the Casino Reinvestment Development Authority, which will provide further assistance to struggling casinos in Atlantic City.

For the player, low overhead costs mean better prizes and more opportunities to play. Casinos can incent players with free “chips” that have minimal costs for them but give players more opportunities to play and win. The convenience of gambling online allows players to play more with less travel.

BAD:

One of the goals of the bill is supposedly to attract more people to visit the brick-and-mortar casinos, but it is hard to say if online gambling will actually lead to this outcome. One could speculate it could even cause people to go to the casinos less (However, this seems unlikely; the social element and the free drinks are lost in online gambling. Also, research indicates that, at least with poker, internet gaming does not reduce casino gaming.) Advertising for the host casino will be allowed on the online gambling sites, which could possibly encourage people to visit the casino but could also be annoying for players.

Online gambling could be seriously devastating for people who have gambling addictions, or even cause people to develop them, raising financial and moral concerns. Even with all the preventative steps the bill requires, it will definitely be much harder to cut off compulsive gamblers if they can place bets anywhere with an internet connection.

Regardless, it is going to be a while before the casinos can actually kick off their online gambling offerings. The regulations need to be finalized and casinos need to apply for licensure and develop their gambling websites. This means the casinos will not be enjoying this new source of revenue during the 2013 summer season, which could be Atlantic City’s toughest season ever following recovery from Hurricane Sandy.

New Jersey has placed its bets, but only time will tell if online gambling will be a jackpot or a bust.

You can read the text of New Jersey’s new online gambling bill at LegalCrunch. ( Just click here! ) Check out LegalCrunch for handy information on a variety of legal topics.

Online Gambling

Online casinos

There are a large number of online casinos, in which people can play casino games such as Roulette, Blackjack, Craps, and many others. These games are played against the “house”, which makes money due to the fact that the odds are slightly in its favour. Some unscrupulous sites have been proven to offer rigged games, which are less mathematically fair than they appear.

Online poker

There are a large number of online poker rooms which offer various games of Poker, most commonly Texas hold ’em, but also Omaha, Seven-card stud, and other game types. Players play against each other, with the “house” making its money through the “rake”.

Online sports betting

Several major bookmakers offer fixed-odds gambling over the internet, with gamblers typically betting on the results of sporting events.
A relatively new internet innovation is the bet exchange, which allows individuals to place bets with each other (with the “house” taking a small commission).

Funds Transfers

Typically, gamblers upload funds to the online gambling company, make bets or play the games that it offers, and then cash out any winnings. European gamblers can often fund gambling accounts by credit card or debit card, and cash out winnings directly back to the card.
Because of the questionable legality of online gambling in the United States, however, U.S. credit cards frequently fail to be accepted. However, a number of intermediary companies – such as Firepay, Neteller, and Moneybookers – offer accounts with which (among other things) online gambling can be funded. Casino operators and online poker rooms often offer incentives for using these ‘alternative payment methods’.
Payment by cheque and wire transfer is also common.

General legal issues

Online gambling is legal and regulated in many countries including the United Kingdom and several nations in and around the Caribbean Sea.
The United States Federal Appeals Courts has ruled that the Federal Wire Act prohibits electronic transmission of information for sports betting across state lines. There is no law prohibiting gambling of any other kind.
Some states have specific laws against online gambling of any kind. Also, owning an online gaming operation without proper licensing would be illegal, and no states are currently granting online gaming licenses.
The government of the island nation of Antigua and Barbuda, which licenses Internet gambling entities, made a complaint to the World Trade Organization about the U.S. government’s actions to impede online gaming.

The Caribbean country won the preliminary ruling but WTO’s appeals body has partially reversed that favorable ruling in April, 2005. The appeals decision effectively allowed state laws prohibiting gambling in Louisiana, Massachusetts, South Dakota and Utah. However, the appeals panel also ruled that the United States may be violating global trade rules because its laws regulating horse-racing bets were not applied equitably to foreign and domestic online betting companies. The panel also held that certain online gambling restrictions imposed under US federal laws were inconsistent with the trade body’s GATS services agreement.

In March 2003, Deputy Assistant Attorney General John G. Malcolm testified before the Senate Banking Committee regarding the special problems presented by online gambling. A major concern of the United States Department of Justice is online money laundering. The anonymous nature of the Internet and the use of encryption make it especially difficult to trace online money laundering transactions.

In April 2004 Google and Yahoo!, the internet’s two largest search engines, announced that they were removing online gambling advertising from their sites. The move followed a United States Department of Justice announcement that, in what some say is a contradiction of the Appeals Court ruling, the Wire Act relating to telephone betting applies to all forms of Internet gambling, and that any advertising of such gambling “may” be deemed as aiding and abetting. Critics of the Justice Department’s move say that it has no legal basis for pressuring companies to remove advertisements and that the advertisements are protected by the First Amendment. As of April 2005, Yahoo! has provided advertising for “play money” online gaming.

In February 2005 the North Dakota House of Representatives passed a bill to legalize and regulate online poker and online poker cardroom operators in the State. Testifying before the State Senate, the CEO of one online cardroom, Paradise Poker, pledged to relocate to the state if the bill became law. However, the measure was defeated by the State Senate in March 2005. Jim Kasper, the Representative who sponsored the bill, plans a 2006 ballot initiative on the topic.

Problem gambling

Because the internet brings gambling right into a player’s home, there is concern that online gambling increases the level of problem gambling. In the United States, the link between availability and problem gambling was investigated in 1999 by the National Gambling Impact Study, which found that “the presence of a gambling facility within 50 miles roughly doubles the prevalence of problem and pathological gamblers”. If this finding is correct, it is reasonable to expect that easy access to gambling online would also increase problem gambling.

That same report noted the possibility that “the high-speed instant gratification of Internet games and the high level of privacy they offer may exacerbate problem and pathological gambling”. Bernie Horn, of the National Coalition Against Legalized Gambling, testified before Congress that the availability of online gambling “magnifies the potential destructiveness of the addiction”.

Online Gambling

Internet Casinos Inc. (ICI), the world’s first online casino, started operating from August 18, 1995, with 18 different games. Since then more than 1,400 websites, mostly domiciled in small Caribbean islands, have given rise to an industry that grosses over $3 billion a year. In fact no business on the Internet earns more revenue than online gambling. Out of the estimated 14.5 million online gamblers, almost 30 per cent are from Asia.

A bet can be placed in minutes. Anyone with a credit card can set up an offshore currency account with a gambling site, leaving them free to place bets on sporting events like Wimbledon, cricket, horse racing and Formula One, or join a virtual casino to play slot machines, roulette, blackjack, poker etc. Companies like Flutter and Betmart accept bets on anything from who is going to win the Nobel Prize to whether Madonna is getting a divorce or not. Bets can range from a nickel to thousands of dollars and according to whether you win or lose the amount is automatically adjusted to your account. The final balance can then either be mailed to you or left for future bets.

The law relating to online gambling in India needs to be understood within the country’s socio-cultural context. At the outset, gambling, although not absolutely prohibited in India, does not receive express encouragement by policy makers. The Indian organized gambling industry is estimated to be worth around US$8 billion. While stringent laws have checked the proliferation of casinos and high street gaming centres as in many other countries, barring the state of Goa, the lottery business remains the most post popular form of gambling.

Though gambling is not illegal, it is a highly controlled and regulated activity. Modern India is a quasi-federal Constitutional democracy and the powers to legislate are distributed at the federal as well as the state levels. Gambling features in List II of the Constitution of India, this implies that the state governments have the authority to enact laws in order to regulate gambling in the respective states. Thus, there is no single law governing gambling in the entire country. Different states have different laws governing gambling in addition to the laws that have an application across the country. While some states have banned lotteries, other states allow state government lotteries marketed and distributed in other lottery playing and promoting states through private entities.

Regulation of gambling

The courts have defined gambling as ‘the payment of a price for a chance to win a prize’. The dominant element of skill or chance shall determine the nature of the game. A game may be deemed to be gambling if the element of chance or luck predominates in deciding its outcome. As a result, Indian courts have held that betting on horse racing and a few card games are not gambling. The right to undertake the business of gambling and lotteries is not considered as a fundamental right protected by the Constitution of India. It may however be pointed out that the state government run lotteries make significant contributions to the state exchequer of several state governments and the Union government, and hence there is a resistance to complete prohibition.

The following legislation is pertinent to gambling:

The Public Gaming Act, 1867

This Act provides punishment for public gambling and for keeping of a ‘common gaming house’. This Act also authorises the state governments to enact laws to regulate public gambling in their respective jurisdictions. The penal legislations in respective states have been amended in accordance with their policy on gambling. However, this legislation does not have any direct impact on online gambling unless a wide interpretation is given to the definition of common gaming house so as to include virtual forums as well.

The Indian Contract Act, 1872 (ICA)

The ICA is a codified umbrella legislation that governs all commercial contracts in India. Under the ICA, a wagering contract is the one which cannot be enforced. The Act lays down; ‘Agreements by way of wager are void, and no suit shall be brought for recovering anything alleged to be won on any wager or entrusted to any person to abide by the result of any game or other uncertain event on which any wager is made’. Gambling, lottery and prize games have held to be wagering contracts and thus void and unenforceable. While a wagering contract is not illegal, it cannot be enforced in a court of law. Thus, the courts will not entertain any cause of action that arises out of a wagering contract.

Lotteries (Regulation) Act, 1998

This Act provides a framework for organizing lotteries in the country. Under this Act, the state governments have been authorized to promote as well as prohibit lotteries within their territorial jurisdiction. This Act also provides for the manner in which the lotteries are to be conducted and prescribes punishment in case of breach of its provision. Lotteries not authorized by the state have been made an offence under the Indian Penal Code. Several non-lottery playing states, like Gujarat and Uttar Pradesh, have prohibited the sale of other state-government lotteries under this Act.

Indian Penal Code, 1860

Section 294A deals with keeping lottery office. It says that whoever keeps any office or place for the purpose of drawing any lottery not being a State lottery or a lottery authorised by the State Government, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

And whoever publishes any proposal to pay any sum, or to deliver any goods, or to do or forbear doing anything for the benefit of any person, on any event or contingency relative or applicable to the drawing of any ticket, lot, number or figure in any such lottery, shall be punished with fine which may extend to one thousand rupees.

Internet gambling

The law related to gambling is also applicable to online gambling. All gambling contracts are considered to be wagering contracts and it is not possible to enforce such contracts under the ICA, detailed above.

As pointed out earlier, the online lottery is the most popular form of internet gambling in India. Most companies marketing and distributing or conducting state government-sponsored lotteries through the internet are not allowed to sell their services in the states that banned lotteries. In most cases, these marketers and distributors limit their online services to consumers who are residents of the states where a lottery is permissible. Notwithstanding the fact there has been no reported case of breach by any company promoting online lotteries, most of these companies (as a safeguard) seek an undertaking from their consumers relating to their residence.

There have been instances where one state has banned the lottery of other states, including online lotteries. In a recent case, the Karnatka High Court upheld the decision of the Karnataka government to make itself a ‘lottery free zone’ by imposing a ban on lotteries of all other states, including online lotteries under the Lotteries (Regulation) Act 1998. The state government, in this case, directed the closure of the terminals and kiosks selling the online lotteries.

Enforcement over foreign jurisdictions

If the websites are hosted and operated from outside India, it may be difficult for the Indian authorities to issue any directive to close them down or prohibit their access without using its blocking powers under the ITA. The authorities have little to worry about, as Indian foreign exchange laws do not permit remittances outside India for gambling related activity, such as the purchase of lottery tickets, football pools and sweepstakes. As a result, a gambling website hosted outside India aiming at receiving money from within India cannot do so through legal channels.

Conclusion

Online gambling remains a highly regulated sector with seemingly limited horizons to grow. While the present regulatory framework makes it difficult for offshore gambling websites to target customers in India, the India-based companies can only distribute and market state-government lotteries online in permitted territories. The pervasive authority with the government to block gambling related websites and the impossibility of enforcing gambling-related contracts further discourage the prospects for the industry.

Online Gambling World As Players See It

It is significant to learn where online gambling is in today’s highly commercialized world. This is not an easy discussion and will require us to expend time and effort if we were to seek enlightenment on this matter. But this knowledge is relevant for beginners, players, and casinos themselves. For instance, such information can give you a perception of gambling, not only in the country but in the entire world. Statistics can give you information regarding the kind of gamblers casinos have and the overall gambling behavior of the populace. If you are an interested online gambler, you should keep yourself updated to the latest news.

Looking at the General Picture of the Online Gambling Realm

At the present, gamblers around the world are flustered at the approval of the Unlawful Internet Gambling Enforcement Act (UIGEA), which prohibits Americans from gambling games online and which seems the most pressing issue concerning the gambling public. Nonetheless, the bill targets only the American citizens and the US gambling and casino market. But the implications of this law spread globally. One of the notable effects is the higher stringency in money transferring procedure and banking options in gambling sites. This started in 2007 though in a vague, confusing manner. The outcome is the closure of online gambling sites as a result of reduction of stocks brought about by diminishing market as the US bans its people to join online gambling. Gambling sites outside United States also forbids registration of US players. Indeed, the effects of UIGEA travelled beyond the bounds of America, affecting worldwide gambling industry, impairing more casino sites than it ought to be.

Gambling on the Internet

So, you may want to check out how gambling is prospering in other nations which have continued the tradition of gambling. American gamblers are not entirely banned from joining the gambling sites and that should be clear. Some states still allow people to gamble despite the presence of UIGEA, which is not fully implemented across the nation. More countries around the globe are promoting casinos to compensate the dire slump in the US casino market. These countries include Barbuda and Antigua in the Caribbean area, where online gambling has been long successful and flourishing. The Caribbean has some of the best licensed online casinos whose boom has been due to low taxes and speedy transactions. Of course, apart from this Caribbean country, there are more countries that allow online gambling and online casinos to operate, such as France, Australia, South Korea, and Germany. These countries have long seen the economic advantage of supporting this kind of market.

Future of Gambling

The stability of both land based and online casinos is a subject of continuing debate. There is much discussion regarding the real economic benefits of promoting casinos and letting them thrive in the commercial scene. There is also an argument regarding the pros and cons of having them around and whether the benefits outweigh the disadvantages or is it the other way around. Nonetheless, experts believe that online gambling and roulette are sure to be around for a while and that this industry remains prosperous no matter what.

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Online Gambling Versus Traditional Gambling

There are many different forms of gambling from betting at the horse races or for your favourite sports teams or trying your chance at a casino game. And with today’s age of the computer you can gamble online at any of the many online sporting or casino websites. So how does online gambling compare to traditional gambling.

For starters, online gambling can be done in the comfort of your own home providing you have a computer with an active internet connection and use of a credit or debit card. And so there is little or no travel involved. Traditional gambling requires travel to the gambling site. And many people have enjoyed a gambling opportunity at Las Vegas or Atlantic City or just at their local casino or race track.

Secondly, you have to join up with the gambling website you are interested which means filling in a form and is usually free. You do not have to join or fill in any of your details with traditional gambling.

Thirdly, you can concentrate completely on your online game because there are no noisy people, no cigarette smoke and no drunken people which could annoy you. You have the peace and quiet of your own home if you desire. However with traditional gambling you are around like minded people doing the same thing and this creates atmosphere. It is a chance to get out and socialise with friends and have an enjoyable outing.

Fourthly, as each online website is competing against each other then they offer bonuses in order to entice people to join their website. And the bonuses can be large depending on the amount of money you bid eg large amounts of money or free holiday somewhere.
Do you get bonuses at traditional gambling locations? No

Fifthly, with online gambling websites, you are not obliged to tip employees. In real casinos for example, you will be obliged to tip waiters, dealers and other employees for a better service. This however could vary between different countries.

Sixthly, the online casino gambling experience may even surpass the physical casino experience as they have very strict rules and regulations.

Lastly, on online gambling websites your money is safe in the account you set up as they have high security. This is as long as you have taken your own safety precautions with antispyware and antivirus protection installed on your computer and that you have joined a licensed and regulated online gambling website. With traditional gambling you could run the risk of your money being stolen, so you just need to look after your money carefully.

These are the seven points comparing online gambling with traditional gambling. They each have a place depending on whether you want to go out for the night with friends or gamble quietly in your own home for as little or long as you like.

Whatever you choose, just remember to be careful and have fun.

Maybe you are keen to travel to Las Vegas

or

stay at home and try an online experience.