11 ISPs in Minnesota ordered to block online gambling on the lame argument

April 30, 2009 - 3:26am | Law aspects | News |
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11 ISPs in Minnesota ordered to block online gambling on the lame argument
11 Internet service providers in Minnesota were ordered to hinder all Internet users in the state from accessing about 200 online gambling sites. The state Department of Public Safety referred to a federal law passed in 1961 that requires "common carriers" to block telecommunications services used for gambling.

But as the Associated Press noted the legal ground has a number of weak points. One flaw is that AT&T, Comcast, Qwest Communications and many of the other ISPs can unlikely be considered as common carriers. That term is usually reserved for utilities or businesses legally bound to carry all traffic over their networks.

In addition an analysis made by Center for Democracy and Technology general counsel John Morris shows that the Wire Act of 1961 appears to apply to phone companies that directly do business with bet-takers. Therefore Minnesota order is groundless as the US-based ISPs are not directly linked to gambling sites.

"I think this is a very problematic and significant misreading of the statute," Morris said.

And while the state continues to contrive new methods to thwart online gambling the business could bring more than $50 billion in 10 years as noted by the Start Tribune. John Willems, director of Minnesota's Alcohol and Gambling Enforcement Division, told the paper he is not well posted on how pervasive online gambling was in the state but he said it was hurting legalized casino-style businesses in Minnesota.





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