I thought I'd try to put together a timeline of attempted legislation affecting online poker. Please reply with updates and changes:

1961: Wire Act – passed into law. From the act: "Whoever being engaged in the business of betting or wagering knowingly uses a wire communication facility for the transmission in interstate or foreign commerce of bets or wagers or information assisting in the placing of bets or wagers on any sporting event or contest, or for the transmission of a wire communication which entitles the recipient to receive money or credit as a result of bets or wagers, or for information assisting in the placing of bets or wagers, shall be fined under this title or imprisoned not more than two years, or both." DoJ claims this act bans all interstate wagering via wire communication. U.S. Fifth Circuit Court of Appeals disagrees in 2001 [In re MasterCard Int'l, et al., 132 F. Supp. 2d 468, 472 (E.D. La. 2001)], limiting it to sports betting. DoJ does not accept the ruling.

1986: William E. Baxter Jr. v. United States. This was a federal tax case regarding the U.S. federal income tax treatment of the gambling income of a professional gambler. As a result of this case, gambling winnings in the United States can in certain cases be treated as earned income for federal income tax purposes. This means that in some cases expenses and losses can be deducted from gambling winnings in arriving at the net earnings from self-employment, and that winnings can be placed into retirement funds.

1995: S 1495 - failed (no vote, 2 cosponsors). Sen. Jon Kyl (R-AZ) sponsored the Crime Prevention Act of 1995. The bill included an amendment to the Wire Act to include non-sports betting.

1996: HR 497 - passed into law (143 cosponsors, passed House and Senate by voice votes). The National Gambling Impact Study Commission Act includes a the study of Internet gambling. James Dobson of Focus on the Family selected to serve on commission.

1997: S 972 – failed (no vote, 3 cosponsors). This bill sought to eliminate the federal tax deduction for gambling losses. [Not an online poker issue, but of interest]

1997: S 474 - passed Senate (13 cosponsors; Senate voted 90-10 to add to appropriations bill; no House vote). Another Jon Kyl bill to ban online gaming. Applies to games of chance and sports betting. Called for ISPs to block access to gaming sites. Includes a player penalty (fine and jail time).

1997: HR 2380 - failed (49 cosponsors). Rep. Goodlatte's (R-VA) first bill to ban online gaming. Includes predominance test. Called for ISPs to block access to gaming sites. Includes a player penalty (fine and jail time).

1998: H.AMDT.858 - failed (withdrawn, no cosponsors). This bill sought to amend an unrelated appropriations bill with an Internet gaming ban.

1998: HR 4427 - failed (3 cosponsors). This bill sought to ban Internet gaming. Includes predominance test. Called for ISPs to block access to gaming sites. No player penalty.

1998: HR 4350 - failed (5 cosponsors). This bill sought to ban Internet gaming. Applies to games of chance and sports betting. Called for ISPs to block access to gaming sites. Includes a player penalty (fine and jail time).

1999: S 692 - passed Senate (23 cosponsors; passed by unanimous consent; no House vote). Another Jon Kyl bill to ban online gaming. Applies to games of chance and sports betting. Called for ISPs to block access to gaming sites. No player penalty.

1999: HR 3125 - failed (34 cosponsors; full House vote: 245-159 for, short of 2/3 required under special rules). Another Goodlatte bill. Includes predominance test. Called for ISPs to block access to gaming sites. No player penalty.

2000: GOP Party Platform Anti-Online Gaming Plank. Anti-online gaming plank included in party platform: "We support legislation prohibiting gambling on the Internet."

2000: HR 5020 - failed (1 cosponsor). This bill sought to ban Internet gaming. Applies to "any contest or game based in whole or in part on chance, including a lottery." No player penalty.

2000: HR 4419 - failed (4 cosponsors). Rep. Jim Leach's (R-IA) first bill to ban online gaming. Sought to prohibit online gaming. Enforcement via blocking use of financial instruments for "unlawful Internet gaming." Includes predominance test. No player penalty.

2001: U.S. Fifth Circuit Court of Appeals [In re MasterCard Int'l, et al., 132 F. Supp. 2d 468, 472 (E.D. La. 2001)] rules that Wire Act is limited to sports betting. DoJ does not accept the ruling.

2001: U.S. Second Circuit Court of Appeals [United States v. Cohen] rules that the Wire Act includes Internet and other means of interstate communication. Jay Cohen continues to advocate for online rights here and across the Web.

2001: HR 2579 - combined with HR 556 (0 cosponsors). Sought to prohibit online gaming. Enforcement via blocking use of financial instruments for "unlawful Internet gambling." Includes predominance test. No player penalty.

2001: HR 556 - passed House (7 cosponsors; passed House via voice vote; no Senate vote). Another Leach bill to ban online gaming. Enforcement via blocking use of financial instruments for "unlawful Internet gambling." Includes predominance test. No player penalty.

2002: S 3006 - failed (0 cosponsors). This bill sought to ban Internet gaming. Applies to "any contest or game based in whole or in part on chance, including a lottery." No player penalty.

2002: HR 5760 - failed (0 cosponsors). This bill, sponsored by Rep. John Conyers (D-MI) sought to study Internet gaming.

2003: S 627 - failed (2 cosponsors). Another Kyl bill to ban online gaming. Enforcement via blocking use of financial instruments for "unlawful Internet gambling." Includes predominance test. No player penalty.

2003: HR 2143 - passed House (2 cosponsors; passed 319-104; no Senate vote). A Spencer Bachus (R-AL) bill to prohibit financial transaction on "unlawful Internet gambling." It did not contain its own prohibitions on gaming, instead relying on other federal and state laws. No predominance test. No player penalty. Very similar to UIGEA.

2003: HR 1223 - failed (3 cosponsors). Another John Conyers' (D-MI) bill to study Internet gaming.

2003: HR 21 - failed (35 cosponsors). A Leach bill to prohibit financial transaction on "unlawful Internet gambling." It did not contain its own prohibitions on gaming, instead relying on other federal and state laws. No predominance test. No player penalty. Very similar to UIGEA.

2004: GOP Party Platform Anti-Online Gaming Plank. Anti-online gaming plank included in party platform (p. 57): "We support legislation prohibiting gambling on the Internet."

2006: HR 4777 - failed (135 cosponsors). A Goodlatte bill to ban online gaming. Enforcement via blocking use of financial instruments for "unlawful Internet gambling." Includes predominance test. No player penalty.

2006: HR 4411 - passed into law (35 cosponsors; passed the House in freestanding form 317-93; passed the Senate 98-0 as part of the Safe Ports Act; the House passed the Safe Ports Act 421-2). This Leach bill prohibits financial transaction on "unlawful Internet gambling." It does not contain its own prohibitions on gaming, instead relying on other federal and state laws. No predominance test. No player penalty. Modified into UIGEA in Senate after passing House.

Since UIGEA (bill summaries courtesy of PokerXanadu):

2007: H.R.2046 Died in committee. Sponsor: Rep Frank, Barney [MA-4] (introduced 4/26/2007) Cosponsors (48) To provide for the licensing of Internet gambling facilities. Included a state opt out.

2007: H.R.2140 Died in committee. Sponsor: Rep Berkley, Shelley [NV-1] (introduced 5/3/2007) Cosponsors (73) To provide for a study by the National Academy of Sciences to identify the proper response of the United States to the growth of Internet gambling.

2007: H.R.2607 Died in committee. Sponsor: Rep McDermott, Jim [WA-7] (introduced 6/7/2007) Cosponsors (1) To tax Internet gambling sites under H.R. 2046 at the rate of 2% on deposits.

2007: H.R.2610 Died in committee. Sponsor: Rep Wexler, Robert [FL-19] (introduced 6/7/2007) Cosponsors (22) To amend United States Code such that "bets or wagers" does not include games of skill, including poker. Added regulations for games of skill, but no licensing.

2007: Neteller Seizure. The U.S. Attorney's Office seized funds of ewallet Neteller. The funds remained in legal limbo for several months before finally being returned to players.

2008: GOP Party Platform Anti-Online Gaming Plank. Many poker players submitted comments to the GOP Party Platform site asking for removal of the anti-online gaming plank that was in the 2000 & 2004 party platforms. The draft committee did not include this plank in the initial 2008 platform. The full committee later restored it: "Millions of Americans suffer from problem or pathological gambling that can destroy families. We support the law prohibiting gambling over the Internet."

2008: H.R.5523 Died in committee. Sponsor: Rep McDermott, Jim [WA-7] (introduced 3/4/2008) Cosponsors (None) To tax Internet gambling sites under H.R. 2046 at the rate of 2% on deposits. Imposed the excise tax on wagers on any individual who places a wager with an unlicensed Internet gambling operator.

2008: H.R.6870 Died. Sponsor: Rep Frank, Barney [MA-4] (introduced 9/11/2008) Cosponsors (1) to ensure that the UIGEA would not be implemented, except in regards to online sports betting, until the term "unlawful Internet gambling" was defined.

2008: S.3616 Died in committee. Sponsor: Sen Menendez, Robert [NJ] (introduced 9/26/2008) Cosponsors (None) to provide for the licensing of Internet skill game facilities. Included state opt outs.

2009: H.R.2266 Pending. Sponsor: Rep Frank, Barney [MA-4] (introduced 5/6/2009) Cosponsors (49) To delay for 1 year the date for compliance with the UIGEA.

2009: H.R.2267 Pending. Sponsor: Rep Frank, Barney [MA-4] (introduced 5/6/2009) Cosponsors (61) To provide for the licensing of Internet gambling activities. Includes a state opt out.

2009: H.R.2268 Pending. Sponsor: Rep McDermott, Jim [WA-7] (introduced 5/6/2009) Cosponsors (4) To tax Internet gambling sites under H.R. 2267 at the rate of 2% on deposits. Includes a player penalty (50% penalty on deposits at unlicensed sites).

2009: S.1597 Pending. Sponsor: Sen Menendez, Robert [NJ] (introduced 8/6/2009) Cosponsors (None) to provide for the licensing of Internet poker and other games that are predominantly of skill. Includes a 10% tax on deposits and a state opt-out. Includes a player penalty (50% penalty on deposits at unlicensed sites).

2009: SDNY Fund Seizure - Pending. U.S. Attorney for the Southern District of New York ordered five banks to freeze a total of $30 million in payments owed to poker players from companies that process payments. The PPA filed an amicus brief in the civil case. However, the civil case was dismissed and combined with the criminal case against Account Services owner Douglas Rennick.

2009: U.S. Third Circuit Court of Appeals [Interactive Media Entertainment and Gaming Assoc., Inc. vs Atty. Gen. of the United States; Federal Trade Commissions; Federal Reserve System] upholds UIGEA. iMEGA to appeal to Supreme Court.


Provisions in the U.S. Code related to gaming (section courtesy of PokerXanadu):

TITLE 15--COMMERCE AND TRADE, CHAPTER 24--TRANSPORTATION OF GAMBLING DEVICES

TITLE 18--CRIMES AND CRIMINAL PROCEDURE, PART I--CRIMES, CHAPTER 50--GAMBLING (The Wire Act)

TITLE 18--CRIMES AND CRIMINAL PROCEDURE, PART I--CRIMES, CHAPTER 53--INDIANS, Sec. 1166. Gambling in Indian country

TITLE 18--CRIMES AND CRIMINAL PROCEDURE, PART I--CRIMES, CHAPTER 95--RACKETEERING, Sec. 1955. Prohibition of illegal gambling businesses (IGBA)

TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE, PART VI--PARTICULAR PROCEEDINGS, CHAPTER 178--PROFESSIONAL AND AMATEUR SPORTS PROTECTION (PASPA)

TITLE 31--MONEY AND FINANCE, SUBTITLE IV--MONEY, CHAPTER 53--MONETARY TRANSACTIONS, SUBCHAPTER IV--PROHIBITION ON FUNDING OF UNLAWFUL INTERNET GAMBLING (UIGEA)

TITLE 49--TRANSPORTATION, SUBTITLE VII--AVIATION PROGRAMS, PART A--AIR COMMERCE AND SAFETY, subpart ii--economic regulation, CHAPTER 413--FOREIGN AIR TRANSPORTATION, Sec. 41311. Gambling restrictions

I didn't realize there were so many. I managed to read all the bills, but it was a lot of reading.

I hope it's helpful information.

Thanks TE gr8 job, Looks like you put a lot of work into this, really puts the big legislative picture together over the years. Ill read those bill's tomorrow might hurt my eye's to much to do it tonight.

Good job TE. Sometimes I wonder if a bill that banned online gambling, but defined it under a predominance test would be best for us. There would be no state opt outs so the states would be stuck. Once Skall won the skill dominance issue for online poker in federal court which I think he can, then we would be home free with no taxation, no UIGEA overblocking and PayPal to transfer funds. Actually, I would rather gamble on Skall winning the predominance test in federal court than litigating the legality of online poker under current laws. IMO even a US Court of Appeals would rule that any rationale jury must find that poker is a game predominated by skill.

Thanks.

That's probably true. Unfortunately, the predominance test was intentionally removed by legislators who wished for UIGEA and other bills of the era to cover poker.

And here's the rest of the story:

2002: H.R.5760 Died in committee. Sponsor: Rep Conyers, John, Jr. [MI-14] (introduced 11/19/2002) Cosponsors (None) To create a commission to provide a proposal for Internet gambling licensing and regulation.

2003: H.R.1223 Died in committee. Sponsor: Rep Conyers, John, Jr. [MI-14] (introduced 3/12/2003) Cosponsors (3) To create a commission to provide a proposal for Internet gambling licensing and regulation.

2007: H.R.2046 Died in committee. Sponsor: Rep Frank, Barney [MA-4] (introduced 4/26/2007) Cosponsors (48) Tto provide for the licensing of Internet gambling facilities. Included a state opt out.

2007: H.R.2140 Died in committee. Sponsor: Rep Berkley, Shelley [NV-1] (introduced 5/3/2007) Cosponsors (73) To provide for a study by the National Academy of Sciences to identify the proper response of the United States to the growth of Internet gambling.

2007: H.R.2607 Died in committee. Sponsor: Rep McDermott, Jim [WA-7] (introduced 6/7/2007) Cosponsors (1) To tax Internet gambling sites under H.R. 2046 at the rate of 2% on deposits.

2007: H.R.2610 Died in committee. Sponsor: Rep Wexler, Robert [FL-19] (introduced 6/7/2007) Cosponsors (22) To amend United States Code such that "bets or wagers" does not include games of skill, including poker. Added regulations for games of skill, but no licensing.

2008: H.R.5523 Died in committee. Sponsor: Rep McDermott, Jim [WA-7] (introduced 3/4/2008) Cosponsors (None) To tax Internet gambling sites under H.R. 2046 at the rate of 2% on deposits. Imposed the excise tax on wagers on any individual who places a wager with an unlicensed Internet gambling operator.

2008: H.R.6870 Died. Sponsor: Rep Frank, Barney [MA-4] (introduced 9/11/2008) Cosponsors (1) to ensure that the UIGEA would not be implemented, except in regards to online sports betting, until the term "unlawful Internet gambling" was defined.

2008: S.3616 Died in committee. Sponsor: Sen Menendez, Robert [NJ] (introduced 9/26/2008) Cosponsors (None) to provide for the licensing of Internet skill game facilities. Included state opt outs.

2009: H.R.2266 Pending. Sponsor: Rep Frank, Barney [MA-4] (introduced 5/6/2009) Cosponsors (35) To delay for 1 year the date for compliance with the UIGEA.

2009: H.R.2267 Pending. Sponsor: Rep Frank, Barney [MA-4] (introduced 5/6/2009) Cosponsors (54) To provide for the licensing of Internet gambling activities. Includes a state opt out.

2009: H.R.2268 Pending. Sponsor: Rep McDermott, Jim [WA-7] (introduced 5/6/2009) Cosponsors (4) To tax Internet gambling sites under H.R. 2267 at the rate of 2% on deposits. Includes a 50% penalty on deposits at unlicensed sites.

2009: S.1597 Pending. Sponsor: Sen Menendez, Robert [NJ] (introduced 8/6/2009) Cosponsors (None) to provide for the licensing of Internet poker and other games that are predominantly of skill. Includes a 10% tax on deposits, a 50% penalty on deposits at unlicensed sites and a state opt out.

Speaking of which, what's the timeframe on introducing one of the existing bills? Whether it be the UIGEA delay bill, Franks or Menendez......I'm a little worried that if it's delayed past 2010 the Republicans may gain control of the House and make it even more difficult.

Nice work. Thanks. I added your post-UIGEA posts to the OP (the two pre-UIGEA bills you listed were already there, so that was good. As there are many bills, I appreciate the double-check).

Awesome work by both of you guys; its very important to have a good historical perspective here. Thanks.

Skallagrim

Thanks! It was worth doing. We all kept referencing the legislative history, but didn't have it all. Now we have it one place.

I just added info on the 2000, 2004 and 2008 GOP Party Platforms.

When it seems things are moving slowly, it is nice to look and see that it took the nanny-staters many years to gain some momentum and finally win.

We have a much faster start than they did.

I agree with this. With Obama's approval rating crumbling, and the incompetence of this Democratic controlled congress, we can easily see the house go back to the Repubs during mid-year elections. Of course, that may not be a bad thing if the Dems decide to just pass a whole slew of crap on must pass bills right before they hand over the keys to the office (sound familiar?).

We really need to be working as if the clock runs out after 2010. No one can guarantee the composition of the next congress.

The bills in Congress are expire at the end of 2010, so we'll be looking to pass them before that happens.

One more thing. By the time UIGEA came around, poker was being targeted specifically, at least by some. Check out http://forumserver.twoplustwo.com/sh...0&postcount=88 . We've turned that around.