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Originally Posted by tangled
Most states are not going to care enough about Igaming to go up against the DOJ. Plus, with the expansive interpretation of the commerce clause, there is a good chance the republican view would win.
Your politics must be clouding your mind if you believe that, the whole idea of Reid/Kyl asking the DOJ to 're-assert their longstanding position that the wire act applied to all gambling' was a sham from the start.
Just as the UIGEA included a carve-out for State regulated internet gaming, the Wire Act included a safe harbor clause under which regulated intrastate gambling could never be in violation:
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Nothing in this section shall be construed to prevent the transmission in interstate or foreign commerce of information ... for the transmission of information assisting in the placing of bets or wagers on a sporting event or contest from a State or foreign country where betting on the sporting event or contest is legal into a State or foreign country in which such betting is legal.
Since regulated intrastate betting by definition is transmitted and received in a State where it is legal, it was never ever in the purview of the Wire Act, the DOJ could have simply said that, but the administration remarkably used the opportunity to remind States that not only would their lottery ticket sales not be in violation, but no other form of internet gambling they chose to regulate would be in violation.
Regardless of whether Romney decides/believes that poker is a sporting event or contest, he can not change the fact that State regulated internet poker will never ever be prosecutable under the Wire Act.