The United States government is still a long way off from banning Internet gambling. This first attempt at prohibitionist legislation should more appropriately be viewed as a ?shot across the bow? of the online gambling industry, as opposed to an outright frontal assault. Within 270 days from the enactment of the UIGEA, the Federal Reserve System, in consultation with the Attorney General, is required to enact regulations instructing financial service providers how to identify and block the restricted financial transactions.[58] The enactment of these regulations will be no simple task, given the inherent difficulty encountered when attempting to monitor vast amounts of financial data flowing through the computer systems of the financial services industry. The real-world impact of the UIGEA will ultimately be dependent upon the reaction by service providers such as NetTeller? and foreign banks to the regulations ultimately promulgated by the Federal Reserve. To the extent these financial institutions find a way to voluntarily comply with the obligation of identifying and blocking transactions intended for online gambling services, the industry will suffer from the withdrawal of frustrated American bettors who are no longer able to easily transfer funds to their favorite betting sites.
However, from a purely substantive legal perspective, the UIGEA is a flop. It does little more than codify prohibitions that could have been imposed through a creative use of the conspiracy or aiding and abetting laws already in existence.[59] The prohibitions directed at foreign online gaming website operators are unenforceable, as a practical matter, given the issues of personal jurisdiction and extra-territorial statutory application. The URL blocking procedure is patently unconstitutional. The substantive prohibitions on EFT?s border on incomprehensible ? particularly if each state?s laws must be consulted to determine a violation. But for better or for worse, the mere passage of the UIGEA has changed the Internet gambling industry dramatically. No longer can ?silk stocking,? publicly listed gaming entities operate in (presumed) open defiance of United States law by accepting online wagers from United States citizens.[60] Their exit has generated new opportunities for smaller, privately-held companies to fill the void. While the passage of the UIGEA has certainly made the intentions of United States lawmakers known, and has increased the risks for those continuing to operate in the industry, it is a far cry from the outright prohibition that many had feared - and some assumed had already passed.
----- Lawrence G. Walters, Esq., is a partner in the national law firm of Weston Garrou, DeWitt & Walters,