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brayton_headshot_wre_1443.jpg Ed Brayton is a journalist, commentator and speaker. He is the co-founder and president of Michigan Citizens for Science and co-founder of The Panda's Thumb. He has written for such publications as The Bard, Skeptic and Reports of the National Center for Science Education, spoken in front of many organizations and conferences, and appeared on nationally syndicated radio shows and on C-SPAN. Ed is also a Fellow with the Center for Independent Media and the host of Declaring Independence, a one hour weekly political talk show on WPRR in Grand Rapids, Michigan.(static)

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« Big Problems at Ave Maria Law School | Main | Denied a Degree for Legal Behavior »

Family Research Council on Internet Gambling

Posted on: May 3, 2007 9:29 AM, by Ed Brayton

The Family Research Council is blathering ignorantly about Barney Frank's proposal to repeal Frist's absurd anti-gambling bill and legalize and regulate it instead.

"He says the intent of [his] bill is to overturn the hard-fought-for bill last year that allowed for the federal government to help out the state governments in prosecuting their Internet gambling bans," McCluskey explains. "However, this bill would go even further to overturn state laws and federalize the whole issue ...," essentially making it "okay" on the federal level for Internet gambling and allowing the World Trade Organization and other countries to "interfere in our business," he adds.

This is pure sophistry. That bill wasn't "hard fought for" it was snuck into a bill that no one could conceivably vote against and passed without a vote in the Senate. Whatever happened to the importance of that "up or down vote" that the right was so interested in when it came to Bush's judicial nominees? Whatever happened to being open and honest with what a piece of legislation does, debating it in public and holding an accountable vote on it? Oh yeah, that wasn't politically expedient.

As for the idiotic claim that this "federalizes the whole issue", that is exactly what last fall's bill did, made it illegal nationwide to transfer money to online gambling sites through banks and other means. Funny, I don't recall hearing McCluskey's federalism complaints then; I guess it wasn't politically expedient then either. But the sophistry and demagoguery doesn't stop there.

McClusky has other reservations as well about lifting the ban approved last year. "When you're talking about Internet gambling, it's this huge, over a hundred-billion-dollar industry," he relates. "And a lot of the money, we don't know where it goes; it's untraceable." In addition, says McClusky, that money would be impossible to tax -- "as Barney Frank would like to do," he points out.

Gosh Mr. McCluskey, why don't you explain why all that money is untraceable currently; it's because it's not licensed in the US and there is no regulatory regime in place to allow it to be traced. Legalize it and regulate it and then it all becomes traceable. And where in the world does this halfwit get the idea that it would be impossible to tax? Other nations manage to tax such revenues, why would it be impossible for us to do? In fact, it's quite easy.

In order to be licensed in the US, the company has to agree to pay a certain percentage of its profits (that is, their rake or vig) in taxes. As it stands now, tens of millions of Americans are gambling online (it's not actually illegal to gamble online, it's only illegal to transfer money from banks, which is relatively easy to get around; since the bill was passed last year, those poker sites still taking American customers have seen their business jump an average of about 40%) but none of the profits that play generates are taxed in the US. Antigua, Canada, Great Britain, Gibraltar, Costa Rica - they all get tax benefits from sites located there, but the US doesn't.

According to McClusky, several federal agencies -- the FBI, the Department of Justice, and the Government Accountability Office among them -- offer a different perspective. Those entities, he says, believe that much of the money from Internet gambling "is going into money laundering and covering up drug smuggling and even terrorist activities."

And guess what? We have no way of finding out as long as such sites are illegal here. But if you license them and regulate them, you can force them to open the books and track such things. If someone is laundering money through an online gambling site, it is transparently obvious that we have a much better chance of finding out about it if we have access to the books to see who is winning and losing, and to whom, than if those sites operate in an unlicensed manner on a Caribbean island we don't regulate.

If we were to begin licensing and regulating online gambling sites, they will run like hell to get licensed first. Being able to advertise that their site is US-based and therefore regulated by the US and under the jurisdiction of US courts will be a huge benefit to the gambling sites and they know it. It will generate billions in revenue, and it will protect the interests of Americans who gamble online. It will also allow for transparency, requiring the sites to open their books so we can see where the money is coming from and going to.

The FRC spokesman says he believes the main reason Frank is pushing for the legalization of online gaming is because the industry is "a big cash cow" for the Democratic Party.
Bzzzt. Sorry, wrong, thank you for playing. In fact, the donations to the two parties from the gaming industry are only slightly tilted to the Democrats, 53% to 47%. The top 3 recipients of gaming industry money are Republicans. And Barney Frank, by the way, isn't even in the top 20. And by the way, the head of the largest gaming industry group is Frank Fahrenkopf, former chairman of the Republican National Committee.

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Comments

1

Frank's bill does not repeal Frist's bill. Read the details. Instead it allows to create "lawful" US-licensed sites ie: sites that are exceptions to Frist's bill. Frist's bill only applies to so called "unlawful" sites. Of course what the heck does "unlawful" mean, but thats another issue. So instead of repealing Frist's bill, Frank bills creates workaround of Frist's bill ("lawful US-licenses").

Personally I think Frank screwed up. He should have: step 1 repealed Frist's bill, then step 2 create a new bill to regulate gaming. Frist's bill is a complete sham, and everyone knows it, it would have been much simplier to repeal it first.

Posted by: Rick Mullinix | May 3, 2007 10:31 AM

2

Frank's bill may not repeal Frist's bill by name but it does repeal it by fact. Frist's bill made it illegal for a site to accept a payment for gambling purposes and but the burden of enforcement on the banks. Frank's bill specifically states that nobody will be held liable for these transactions. See section 5384.

http://www.house.gov/apps/list/press/financialsvcs_dem/21frank_004_xml_(2).pdf

Posted by: Rasputin | May 3, 2007 11:04 AM

3

C'mon Ed, you know what he was really saying is, "I think gambling is immoral therefore no one should do it therefore this bill is bad." Just like every idiotic thing they say.

Posted by: Stuart Coleman | May 3, 2007 12:22 PM

4

Wait, is there any point where Tony Perkins and the FRC say anything intelligent? Oh wait again, using the FRC and intelligent in a sentence is an oxymoron.

Posted by: Scott | May 4, 2007 8:57 AM

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