Quote:
Originally Posted by doctesseractyl
The interpretation of this particular section is CRITICAL. The first question is what does it mean to be involved in "the business of betting or wagering" pursuant to 31 USC 5363. To find the answer you first look to 31 USC 5362 for the definition of the term "bet or wager". The definitions from Section 5362 for "bet or wager" can be found
here. The definition is long or I would post it here but the first part states:
(1) Bet or wager.— The term “bet or wager”—
(A) means the staking or risking by any person of something of value upon the outcome of a contest of others, a sporting event, or a game subject to chance, upon an agreement or understanding that the person or another person will receive something of value in the event of a certain outcome;
Remember this law was originally intended to ban sports betting. That is clear from the statute. Is poker "a game subject to chance" or is it a game of skill? All things in life are subject to "chance". Chance is a term usually used for lotteries. Furthermore, federal courts have already ruled that poker does not fit this definition.
Another thing to keep in mind, take a look at Section 2 of Section 5362. It states:
(2) Business of betting or wagering.— The term “business of betting or wagering”
does not include the activities of a financial transaction provider, or any interactive computer service or telecommunications service.
This is not cut and dry folks. The DOJ is going to have a hell of a time making this stick imo.