Opinions?
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An Open Letter to Gov. Tim Pawlenty on the Minnesota Internet Censorship Plan
Dear Governor Pawlenty,
I am writing to express my displeasure with your state's plan to
censor the Internet to stop Minnesotans from playing a hand of poker in the comfort of their own home. I ask that you stand up for Internet freedom.
While this action may have been initiated by John Willems, Director of the Minnesota Department of Public Safety's Alcohol and Gambling Enforcement Division (a department that is under DFL Secretary of State Mark Ritchie), it is yours now. You are the chief executive of your state and you clearly have the authority to stop this if you choose to. At a minimum, you can have the attorney general review it for legality or challenge it in court yourself. You can also speak out against it. If you choose to remain silent on the issue and refuse to act, Americans will (rightly) take this as your tacit authorization of a very unpopular censorship action. It will surely be remembered in 2012 if you choose to run for national office.
You have ample reason to stop this on purely legal grounds. Here are a few:
- Many sites on the block order do not accept U.S. customers. As such, Minnesota cannot make a Wire Act claim for a block of such sites. Minnesota will just be blocking free speech. You can and should rescind the entire blocking order as a clear violation of the First Amendment protections of free speech.
- The Wire Act has never been held to apply to anything but interstate sports betting. The state of Minnesota will be in for a long, expensive, and potentially losing court battle to get this definition expanded judicially.
- Blocks by Minnesota would likely result in inadvertent blocking to residents of neighboring states. Other states may not wish for the Minnesota government nanny to "protect" their citizens from freedom.
- The block order includes sites that offer only poker. However, games of skill like poker are likely not "gambling" as defined by Minnesota law. From your own state's website: "What about games of skill? If the activity is a game of skill, then criminal penalties don't apply. Skill activities might include darts, bowling and pool tournaments." Perhaps the State Attorney General's Office believes Texas Hold'em and other poker games are not included, but Minnesota will have to prove this in court, where poker has recently won several rulings in states with similar laws on skill vs. chance. Again, you may find yourself in for a long, expensive, and potentially losing court battle.
- The block order irresponsibly threatened players' funds. Minnesota has made no allegations that players are breaking any state or federal laws, so this misleading and inaccurate scaremongering is reason enough to rescind the entire blocking order.
- Kentucky Governor Steve Beshear tried to censor the Internet for online poker and gaming, too. When he initiated his protectionist crusade, he thought no one would object. Well, thousands of Kentuckians called and wrote. Additionally, pro-rights groups like the million-member Poker Players Alliance, the Electronic Frontier Foundation, the ACLU, and many others stood up for Internet freedom and poker rights. Press was mostly negative toward Beshear's plan, and Beshear did not get what he wanted. He won at the circuit court level, but lost his case at the Kentucky Court of Appeals. He's now appealing to the Kentucky Supreme Court, where even eBay and Network Solutions have filed briefs opposing his unpopular actions. At least Beshear did this with a contingency-fee only law firm. Minnesota's taxpayers will be required to fund your state's expensive effort.
What's most important to me is your support for freedom. Please respond to this letter and let me know you will change your mind and support liberty. I will be watching your actions on this issue closely and, should you choose to run for national office, will definitely keep them in mind in 2012. I hope that I -- along with my over one million fellow Poker Players Alliance members -- can count on your support.
Thank you for your consideration.
Sincerely,
Rich Muny
Union, KY 41091
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