Originally Posted by knircky
how does that make any sense?
the UIGEA talks about illegal online gambling. Either poker is illegal or not. The UIGEA does not change that. And the UIGEA does not change whether poker is illegal in the us or not.
I am still wondering if online poker is illegal or not. I'd like to hear a statement of the PPA towards that.
It does not have to make much sense to be valid law according to the law. A full discussion can begin with a google search with the phrase "substantive due process."
It is the way the law is written not only at the Federal Level, but also by a number of states (Kentucky and New York, for example) - to commit an offense for which you can be punished according to these criminal laws the defendant must have done something to establish that he or she is more than a mere player in the illegal game.
This is accomplished by passing a criminal law that subjects an operator of an illegal gambling game to punishment but passing no law that does the same for a participant non-operator.
This has the beneficial effect of making home games with no operator not subject to prosecution - there is no one to arrest in such a situation.