Court Grants iMEGA Standing to Challenge Flawed Online Gaming Law
06 March 2008 - 5:43PM
PR Newswire (US)
Federal Judge Questions Key Provisions of Law Used by Federal
Government that Limits Personal Rights WASHINGTON, March 6
/PRNewswire-USNewswire/ -- The Interactive Media Entertainment
& Gaming Association (iMEGA) today applauded the decision by
Judge Mary L. Cooper, of the U.S. District Court for the District
of New Jersey, granting iMEGA the standing to pursue a challenge of
the Unlawful Internet Gambling Enforcement Act (UIGEA). This is a
significant victory for iMEGA in the case of iMEGA v. Gonzales, et
al. "Granting iMEGA standing is a major victory any way you look at
it," said Eric M. Bernstein, Esq., attorney for iMEGA. "Judge
Cooper's ruling holds that, even with the passage of UIGEA, online
gambling is only illegal in states where a statute specifically
says it is." "iMEGA is very pleased that the Court recognized our
standing and the weaknesses in UIGEA," said Joe Brennan Jr., the
chairman of iMEGA. "Judge Cooper found that banks, credit card
companies and other payment system instruments are exempt from
criminal sanctions under UIGEA, significantly undercutting UIGEA's
enforcement mechanism. Her ruling echoes the growing consensus of
opinion that UIGEA is a fundamentally flawed statute." "We believe
Judge Cooper missed the opportunity to affirm Americans' online
privacy rights and we plan to appeal to the Third Circuit Court of
Appeals," continued Bernstein. "However, her honor's decision
significantly undercuts the federal government's argument that
UIGEA is a well-drafted, effective and enforceable law." UIGEA was
passed in the waning minutes of the 109th Congress with very little
input from most Members of Congress. iMEGA filed suit to challenge
UIGEA on June 5, 2007 and oral arguments were heard in the case on
September 26, 2007. A decision has been pending since that date. In
the interim, the Federal Reserve Board of Governors and the
Department of the Treasury have issued proposed regulations to
implement UIGEA and iMEGA and numerous other organizations, such as
the American Bankers Association, have filed comments objecting to
them. "iMEGA supports the use of effective, existing technologies
to protect children and problem gamblers," continued Brennan.
"Although UIGEA is purportedly designed to limit illegal Internet
gambling, it falls woefully short of having the ability to
accomplish that purpose and fails the American people on a number
of fronts. If promulgated, the proposed regulations would stifle
online innovation and commerce; inadequately protect children by
failing to ensure adequate safeguards; and have a chilling effect
on the digital civil rights of all Americans." The official name of
the case is Interactive Media Entertainment & Gaming
Association vs. Alberto Gonzales, et al. A full copy of Judge
Cooper's decision can be found at http://www.imega.org/. About
iMEGA - The Interactive Media Entertainment & Gaming
Association (iMEGA), a 501(c)(6) trade association, was founded in
2007 with the goal of working constructively and cooperatively with
government at all levels, and other concerned citizens and
corporations, to continue the remarkable growth of the Internet,
and to promote innovation, openness and freedom as the path to even
greater benefit of this medium for all. For more information, visit
http://www.imega.org/. DATASOURCE: iMEGA CONTACT: David Tamasi,
Ogilvy Public Relations Worldwide, +1-202-729-4135, , for iMEGA Web
Site: http://www.imega.org/
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