freeroll legality

#1 28th August 2007, 12:23 PM

hi, i live in washington where online gambling is currently illegal but its somewhat vague. does anyone know if it is illegal to play a freeroll tourny since you aren't actually placing bets?

#2 28th August 2007, 2:47 PM

Technically speaking it probably is still illegal, as you're still playing for money, and it is most likely legally unimportant who puts up the money that is being played for. I'm just speculating, though.

In practice, there is most likely a 0.00000001% chance of you actually being prosecuted even if it is illegal.

#3 28th August 2007, 2:53 PM

I think it comes down to being a gift, so its still legal. But dont hold me to that

#4 28th August 2007, 2:59 PM

Quote:

Originally Posted by Dorkus Malorkus

Technically speaking it probably is still illegal, as you're still playing for money, and it is most likely legally unimportant who puts up the money that is being played for. I'm just speculating, though.

In practice, there is most likely a 0.00000001% chance of you actually being prosecuted even if it is illegal.

The percentage may be a bit higher than that...those who don't live here in the home of anti-gaming legislation may have never seen Bible thumping evangalistic "moral police" in action!

#5 28th August 2007, 3:04 PM

Yea, i dont think the police will spend $1,000's trapping down the odd freeroll player

#6 29th August 2007, 1:51 AM

*apologises in advance for the scaremongering*

I don't live in the US so I've got no idea about the legality... but should someone decide it's illegal and decide to prosecute, it's not a big deal for them to obtain a list of players from the site and prosecute them all at once. Look at the Napster case

#7 29th August 2007, 1:52 AM

#8 29th August 2007, 1:57 AM

I have no idea if its illegal to play in my hometown, i should check in to that

#9 29th August 2007, 2:41 AM

Quote:

Originally Posted by OzExorcist

*apologises in advance for the scaremongering*

I don't live in the US so I've got no idea about the legality... but should someone decide it's illegal and decide to prosecute, it's not a big deal for them to obtain a list of players from the site and prosecute them all at once. Look at the Napster case

Since none of the poker sites in question are actually located in the US, I would discount this threat. I doubt they have any legal recourse to obtain foreign mailing lists.

#10 29th August 2007, 3:35 AM

Tell that to the NETeller execs.

#11 29th August 2007, 4:25 AM

y

Quote:

Originally Posted by pigpen02

Tell that to the NETeller execs.

Ahhm but the NETeller folks were apprehended on US and A soil, attempting to skulkaround and change planes . That brazen act alone nearly earned them life before a firing squad.

A pig in a polk by comparison.

#12 29th August 2007, 4:28 AM

Quote:

Originally Posted by akeller83

hi, i live in washington where online gambling is currently illegal but its somewhat vague. does anyone know if it is illegal to play a freeroll tourny since you aren't actually placing bets?

There are SO many people who play illegally there is not a chance in hell youll get caught dont worry about it play have fun win money!

#13 29th August 2007, 7:53 AM

Quote:

Originally Posted by broncos53

There are SO many people who play illegally there is not a chance in hell youll get caught dont worry about it play have fun win money!

The original Napster users said much the same thing

It could be worse though - at least the laws in the US are fairly clear cut. In Australia, online poker is governed by a massive grey area: it's illegal for anyone to provide the service to us, but it doesn't say anything one way or the other about penalties for any of us using said service.

#14 29th August 2007, 8:06 AM

Quote:

Originally Posted by OzExorcist

It could be worse though - at least the laws in the US are fairly clear cut. In Australia, online poker is governed by a massive grey area: it's illegal for anyone to provide the service to us, but it doesn't say anything one way or the other about penalties for any of us using said service.

In the US, it's the same exact situation. From a federal viewpoint it's technically not illegal. There are some states that have specific laws but for the most of us it's as murky as it can get.

from: Online Poker FAQ - The Unlawful Internet Gambling Enforcement Act - what does it mean for players, which sites are staying open?

about the UIGEA

The new law does make any type of online gambling illegal. It refers only to forms of online gambling that are already illegal due to other laws. For example, at the federal level the 1961 Wire Act makes it illegal to operate an online sports-betting business (but not to be a customer). At the state level, some states make it illegal to play at an online casino. But the new law does not make any more forms of online gambling illegal. It is quite clear about this, saying that nothing in this new law shall be construed as "altering, limiting, or expanding any Federal or State law... prohibiting, permitting or regulating gambling within the US".
The new law does not apply to the players. The law addresses only the operators of online gambling businesses and financial institutions that transfer money into those businesses.
The new law does not mention poker specifically. The interesting question then is whether online poker is already illegal due to other existing laws. At the federal level, the executive branch says it is illegal but has never brought a suit; the judicial branch case law says it is not, most clearly in the "In Re Mastercard International" case which held that the Wire Act applied only to sports betting and not other forms of gambling. A few states do have laws prohibiting online gambling of any type except those specifically authorized (like the state lottery).

#15 29th August 2007, 8:16 AM

Right - think I'd gotten the wrong end of the stick about the US laws then.

Ours are interesting because the specifically allow things like sports betting: basically, they're just there to stop online casinos. I don't think they extend to the financial providers either, just the site operators.

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