From Deseret News archives:

Web a gambler's hideaway

Published: Tuesday, June 28, 2005 12:34 a.m. MDT
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"Every casino and every Web site potentially has different rules, and that completely changes things," he said. "There's no reason to believe you have the same odds when you play for money as when you play for free."

Is it legal?

Although there is no question about the popularity of Internet gambling, its legal status in the United States is in dispute. The federal government has relied on the 1961 Wire Communications Act, which was written to outlaw sports betting by telephone.

But there are some ambiguities in the law.

Does "wire communications" include the Internet? Does the specific mention of sports wagering and contests include all types of Internet gambling? When placing a bet on the Internet, where does the jurisdictional authority lie?

Congress has considered several bills the past eight years attempting to define legal and illegal online gaming. None has passed.

The Utah Legislature has not enacted a law specific to Internet gambling. The Utah Constitution already prohibits gambling in any form.

Assistant Utah Attorney General Thom Roberts said the state's position is that a bet placed in Utah constitutes illegal gambling regardless of where the Internet site is located. Because of the wireless act, online casinos are typically based outside the United States.

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More than one-third of Utahns don't know whether online gambling is legal in the state, according to the Morning News poll. Nearly half think it is illegal, while 18 percent believe it is legal.

The poll also shows 26 percent believe Internet gaming should be legalized, while 65 percent do not.

The Riches weren't sure whether online gaming is illegal. They figured it probably is legal because of all the ads they see for casino Web sites on television. They also thought the sites originated in the United States and are government regulated.

McBride doesn't think playing on the Internet is against the law, either.

"From my understanding it is legal because of some free trade agreement," McBride said.

International dispute

That would be the General Agreement on Trades in Services (GATS) the United States signed in 1993 and which is at the center of a fight with the tiny island of Antigua.

The Caribbean nation replaced its foundering tourist economy with Internet gambling targeted primarily at Americans. When the United States cracked down on Internet gaming, Antigua casinos began fleeing to countries with even fewer restrictions.

Antigua went to the World Trade Organization claiming the United States violated the trade agreement, which permits the cross-border supply of gambling and betting services.

A WTO ruling in April further muddied the waters, as both parties claimed victory.

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Honors student Lane McBride of West Valley City plans to pay for graduate school with his online gambling earnings.

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