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The Honolulu Advertiser
Posted on: Monday, July 23, 2001

Nevada hopes to legalize cyberbetting

Associated Press

LAS VEGAS — Flush with a new state law that permits Internet casinos, Nevada lawmakers hope the Silver State is the first to rake in winnings from modem-equipped gamblers in faraway lands.

Paul Mathews, a vice president for Wager Works, provides Web sites for several Las Vegas casinos.

Associated Press

For now, online gambling is discouraged in the United States by a law that forbids wagering over telephone lines. But Nevada lawmakers believe online betting will be legalized if federal restrictions are changed by pending court challenges, including one under way in Louisiana.

Proponents also hope that new strides in computer security technology — including software that lets only eligible gamblers place bets — will persuade Congress not to ban the practice.

"In no shape or form are we seeking to defy the federal government," state Gaming Commission Chairman Brian Sandoval said. "We want to make sure we are proceeding in a lawful way."

At the moment, online gambling is not specifically banned by U.S. law. Congressional efforts to prohibit the practice have failed.

But the U.S. Justice Department considers online wagering a violation of the Interstate Wire Act, a 1961 law banning gambling by telephone. Federal law enforcers used the law in a successful prosecution last year.

While prosecutors generally have thus far ignored individual gamblers who make online bets, they have scared off entrepreneurs from opening gambling Web sites on U.S. soil.

Links
 •  Nevada gaming regulators
 •  Nevada Legislature
In what many consider a test case, San Francisco entrepreneur Jay Cohen was sentenced last August to nearly two years in prison for operating a sports-betting business over the Internet.

Nevada's new law requires the state's two gambling regulators to let licensed hotel-casino resorts accept wagers over the Internet, as long as the cybercasinos comply with applicable U.S. laws. Federal authorities have yet to respond to Nevada's gaming plans, saying they need more information.

In New Jersey, where a similar bid to legalize cyberbetting failed, state prosecutors sued three offshore companies that run online casinos, claiming the companies violate state laws by taking bets.

The state filed the lawsuit last month, saying the companies advertised in New Jersey, in part by placing billboards along the Atlantic City Expressway, which leads to the state's casinos.

In a class-action lawsuit in New Orleans, Visa and MasterCard were accused under racketeering law of aiding violations of the Wire Act by allowing credit cards to be used to accept bets at Internet casinos.

U.S. District Judge Stanwood R. Duval Jr. dismissed the claims in March, saying pending legislation on Internet gambling "reinforces the court's determination that Internet gambling on a game of chance is not prohibited conduct" under the Wire Act.

Las Vegas gaming attorney Tony Cabot expects the decision will be appealed. But if it holds, he said, "the precedent is we can take bets from any place in the world."

Nevada regulators hope to prevent other lawsuits against local casinos that troll the Internet. Regulators are reviewing new identification and security technology — including global positioning systems and fingerprint and retina scanning — to keep out would-be players younger than 21 or who live in jurisdictions that prohibit gambling.

So far, said Dennis Neilander, Nevada's Gaming Control Board chairman, "the technology isn't there."

In Congress, legislators are moving to stop the practice.

Sen. Jon Kyl, R-Ariz., plans to reintroduce federal legislation to ban Internet gambling after his effort failed last year. Rep. Bob Goodlatte, R-Va., expects to introduce a similar bill.

But if technology develops enough to head off lawmakers' attempts to ban the practice, the big winners could be Nevada's casino operators.

Marc Falcone, Internet gaming analyst for investment bank Bear Stearns, believes solutions to the legal and technological issues could be available in two years or less.

Experts estimate that worldwide revenues from Internet gambling — largely conducted by companies with headquarters and Web sites based in the Caribbean and other locales — reached $1.5 billion last year.

At least three Las Vegas gaming companies — Park Place Entertainment, MGM Mirage and Harrah's Entertainment — have invested in technology firms developing secure Internet games. The three companies already operate Internet sites offering noncash casino games and prizes.

Internet gambling will likely supplement, rather than take away from casinos, Falcone said.

But the industry remains split.

Some, such as MGM Mirage Chairman Terry Lanni and Sheldon Adelson, owner of the Las Vegas Strip's Venetian megaresort, consider Internet gaming a growth opportunity. Others, such as Tom Gallagher of Park Place and Phil Satre of Harrah's, urge caution.

Industry officials say it's difficult to know whether gamblers would substitute virtual games for trips to Las Vegas or Atlantic City, with their lure of coin-hemorrhaging slot machines, free cocktails and campy stage shows.

Patti Danielewicz, 47, of Thorp, Wis., has paid twice-annual visits to Las Vegas for 13 years. She said there's no contest.

"Internet gambling can't replace Las Vegas because there's nothing like it," she said. "The lights, the people, the ambiance — the whole Vegas thing can never be replaced by a computer screen."