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The USA Online Gambling Laws and Their Impact on Other Jurisdictions

There has been feverish talk in thelicensing laws around online gambling.
press recently as to the possibleIndeed, the government is now actively
effects that the recent criminalisationsoliciting for business from companies
of online gambling in the USA will havewho are to be exiled from the US, in a
on the British market. Many havesimilar fashion to that seen in Antigua,
suggested that the UK government willwhose government is offering to licence
follow suit, resulting in a prohibitionUS gaming sites - albeit, of course, at
on the activity within British borders,a price.
while others argue that this is, inThe British government has a liberal
fact, too good an opportunity for the UKhistory as far as online gambling goes,
government to pass up. It is argued byas illustrated by their actions with
these individuals that, if the UK wereregard to the EU. As members of a common
to begin attracting American gamblersmarket, EU member states are obliged to
who now have nowhere else to go, theaccept goods and services (including the
financial gains available to theprovision of online gaming) from all
Exchequer would be too great aother member states, without prejudice.
temptation.When a special exemption was made for
Online gambling is one of theonline gambling, several member states
fastest-growing sectors of the servicesought to outlaw the practice. Britain,
industry in Britain. One need only lookhowever, along with states such as
at Betfair, one of the market leaders,Denmark, preferred to legislate and
for evidence of this; last year theregulate, as a result of their belief
company recorded year-end profits of $44that people would find a way of gaming
million, off the back of a sports bookregardless of its legality - the state
which was only established in 2000.might as well, therefore, try to make
Similarly, the taxation of onlinesome money out of it.
gambling is one of the most easilyIt is for precisely these fiscal reasons
available sources of revenue for thethat it seems almost certain that the
Exchequer; it is a seeminglyprocess of legalisation and regulation
never-ending stream of money which canof the online gambling industry will
be very easily taxed, particularlycontinue apace in Britain. The
bearing in mind the general publicimportance of the sector to the
antipathy towards gambling. It is thisExchequer is too high; paradoxically, in
very concern as to 'social cost' of thefact, the outlawing of the activity in
activity, rather than the potentialthe USA should cement this position.
financial gain that it represents, thatIndeed, it is likely that we will see an
makes regulation and taxationeven more markedly rapid growth in the
politically possible.sector as American gamblers look for a
It is the same antipathy which informssimilar, but legal, gaming experience.
the growing opposition to theThis will have positive effects for the
government's legalisation of onlineBritish gambling community; increased
gaming. It is thought in many quartersdemand will mean an increase in the
that the social cost far outweighs thenumber and quality of services
social benefits and, as such, there areavailable. Similarly, on a more basic
fears that the actions of the Americanlevel, the more players taking part in a
government could pave the way for thegame, the higher the jackpots will be,
outlawing of online gambling in the UK.or the more competitive the odds
However this seems unlikely; the Britishavailable. This can only be a good thing
government has already expended largefor players.
amounts of time and money establishing



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