e biz project

8/9/2019 e Biz Project

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INTRODUCTION TO E GAMBLING

Gambling is the act of risking the loss of something of value (usuallymoney) on an uncertain outcome in the hope of winning something of

greater value (usually money). Gambling is a common pastime in mostWestern societies today. Many studies have shown that up to 90% ofadults have gambledat some point in their life.Pathological gambling is definedby the Diagnostic and StatisticalManual of Mental Disorders,4th ed (DSM-IV) as persistent orrecurrent gambling behavior thatdisrupts personal, family, orvocational pursuits.The prevalenceofpathological gambling among adults is estimated to bebetween1% to 3%, and several studies have shown that the majorityofpathological gambling begins during adolescence. In onestudy, 86% ofadult pathological gamblers started gambling before19 years of age.

Online Gambling (also called Internet Gambling or Internet Gaming)refers to playing games of chance for money over the Internet.

Since the mid-1990's online gambling sites have mushroomed, offeringall kinds of betting opportunities, including electronic versions ofcasino table games as well as poker in all varieties, sports betting andbingo. You simply need a web browser and some money to wager. Theconcept of "Online and on the money" is certainly at the heart of mostmodern day bettors. The bettor who wants to place bets online can beton the usual online gambling casino treats. Once they have gambled

on blackjack, roulette and poker, they can log onto the sports turn tothe poker, blackjack and roulette tables, the online gambler of today isfree to explore the gambling opportunities in the local andinternational tennis, basketball and football games, not to mention thetake bets on the next winner of Idols, Big Brother of Survivor! Odds arehigh that the dot com revolution, boosted by the online gamblingrevolution.

In 2001, some gaming analysts were projecting that gross revenuesfrom Internet gambling would exceed $6 billion by 2003. However,analysts lowered revenue estimates for a number of reasons, including

increased pressure from U.S. lawmakers and the blocking of Internetgambling transactions by many large U.S. credit card issuers. (U.S.customers are reported to constitute Anywhere from 50 to 70 percentof total operator revenues from Internet gambling.) And, despite therecent revenue reduction, the e-gaming industry continues to grow. Ina recent report, gaming analysts estimate that in 2003 revenues fromInternet gambling industry wide will be $5.0


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Billion, or approximately 4.3 percent of the total $116 billion inbusiness to- consumer global e-commerce. In the view of gaminganalysts, the international markets (non-U.S. customers) represent thefuture of the industrys growth.


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The Pros

1. Online gambling is a competitive business and many casinos willoffer a lot to get and keep your business. Many will offer sign-up

bonuses to new customers, adding 10 to 50% of their initialdeposit to their bankroll (see below for more on this subject).Some will randomly deposit money in customer accounts andothers will give away vacations for specified levels of totalmoney bet.

2. The rules are usually better than in physical casinos.3. You don't have to travel long distances. The casino is in your own

home.4. You don't have to suffer real casino annoyances, like smokers.5. You don't have to feel obligated to tip.

The Cons

1. You have to be patient about getting your money after you cashout. In addition to waiting periods on the casino end there arealso delays on the credit card end. Two to four weeks is the normfor the time between cashing out and your credit appearing backon your credit card. Debit cards are much faster taking onlyabout 3 to 5 business days.

2. Customer service can be spotty depending on where you play.Some places offer great service via e-mail and a toll-freenumber. Others take several days to reply to an e-mail, have no

known telephone number, and generally seem like they justdon't want to be bothered aside from taking your money.

3. The player has no power or authority to turn to in the event of adispute. Usually in the player agreement it says the casino canmake up the rules as they go and in the event of a dispute thecasino's word is final.

4. If you play at a lot of places your credit/debit card statement willbe a nightmare to balance. Transactions seldom indicate thename of the casino you played at but instead specify themerchant bank.

In this project I will study about legal issues related to electronicgambling which are prevailing in United States. In India and in manyother countries there is no proper legal framework for e gamblingwhich makes it complex and sometimes harmful for the country.


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But in US there are certain rules regulating the electronic gamblingwhich would be studied by me in this project.


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REVIEW OF EXISTING LITERATURE

To check the legal framework of online gambling in US a study wasconducted by GAO( GENERAL ACCOUNTING OFFICE). The points whichthey examined were:

The legal framework for online gambling domestically and

abroad.

The credit card industrys policies regarding the use of credit

cards to pay for Internet gambling and actions taken to restrict

such usage; and

the views of law enforcement, banking regulators, and the credit

card and gaming industries on the vulnerability of Internet

gambling to money laundering.

They issued an interim report on these issues in September 2002.GAO makes noRecommendations in this report.

RESULTS IN BRIEF:

Although gambling regulation is generally left to the states, the federalgovernment has the authority, under the Commerce Clause of theConstitution, to regulate gambling activity that affects interstatecommerce. Internet gambling falls into this category, as bets aregenerally placed at a personal computer in one state or country andreceived at a server in another state or country. Of the three federalstatutes that appear to have direct applicability to on-line gamblingthe Wire Act, the Travel Act, and the Illegal Gambling Business Acttodate only the Wire Act has been applied in the federal prosecution of

activity relating to Internet Gambling. The other two federal gamblingstatutes have been used in the closely analogous situation oftelephone wagering, including telephone calls made to place wagerswith offshore bookmakers. The Wire Act prohibits gambling businessesfrom knowingly receiving or sending certain types of bets orinformation that assists in placing bets over interstate andinternational wires. Thus, if an Internet gaming Web site operating inany country (including the United States) receives a bet transmitted by


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characteristic of Internet gambling make on-line gaming apotentially powerful tool for money launderers. They noted thatfew money laundering cases involving Internet gambling hadbeen prosecuted but attributed the small number of casesprimarily to a lack of regulation and oversight.


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RESEARCH METHODOLOGY

While doing a research a particular methodology is followed by everyresearcher so that it is easy to complete a research without any

obstacles. Methodology is the combination of some steps followedwhile doing a research and it differs for every research. So themethodology followed by me is as follows.

FORMULATING THE RESEARCH PROBLEM OR OBJECTIVE OF THERESEARCH:

Defining objectives is very essential to give the direction to a researchand to achieve the objectives of a research. Objectives should becompatible and achievable. So first of all I defined the objective of my

research.

The objective of my research is to study legal issues prevailing inelectronic gambling.

The unit of analysis are the countries to which I have related mystudy.

CHOICE OF RESEARCH DESIGN:

Mainly the research is of three types:

Exploratory research: in which we try to give new directions tothe study conducted by us.

Descriptive research: In which we just describe the what we havestudied.

Casual research

My research is a descriptive research because I have just described the

legal issues related to online gambling and their effects.

DETERMINING SOURCES OF DATA:

Source of data is very essential for every research and should bepre determined by every researcher and data sources should alsobe reliable and proper according to the study. Data should becollected according to the need of the research.


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The data sources may be of two types:

Primary data: in which data is collected by researchersthemselves by conducting the surveys. Survey may be censusor sample survey.

Secondary data: where the researcher uses the data collectedby other person or organization this source of data have itslimitations and may not be trustworthy sometimes.

My source of data is secondary as the data is collected using internetand is based on study conducted by other organizations. I have notused any primary data and no survey is conducted by me.

DETERMINING SAMPLE DESIGN AND SIZE:

The next step is to determine the design of the sample. The sampleused in this project is sample survey as the unit of study is only onecountry that is UNITED STATES and I will try to determine legalframework of E GAMBLING in world with the help of US data only.

The size of sample is only one that is US.

PREPARING THE PROJECT REPORT:

Once the data is collected then the next and final step is to prepare aproject report which is essential to briefly describe the project. It

should be made in such a way that it can provide all the data to thereader but still in brief so the reader interest remains in the project.


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DATA COLLECTION AND ANALYSIS

In this project I had tried to collect information about the legal issuesrelated to online gambling in US. But before that also like to take my

study to other countrys views about online gambling legality.

LEGAL ISSUES IN ONLINE GAMBLING

In most jurisdictions around the world, the law is still a long way behindthe technology and issues applying to online gambling. As a result, thequestion of whether or not it is legal to gambling online can rarely beanswered definitively. It is probably fair to say also, that governmentattitudes to online gambling vary significantly, from whole heartedsupport, to strong opposition, to indifference. What is clear though, isthat there is very little by way of legislation drafted specifically to deal

with online gambling, whether positive or negative, and the applicationof existing laws is proving problematic. The legal issues in onlinegambling prevailing in various countries are:

Antigua &Barbuda

Legalized Jun 23,2008

Interactive gaming (casinogames and poker) andinteractive wagering (sportsbetting) are legal and regulatedon the islands of Antigua andBarbuda.

Argentina Banned Sep 30,2009

Argentina will be workingtoward legalizing and regulatingonline gambling over the nextfew months.

Australia PartlyLegalized

May 27,2008

According to the AustralianInteractive Gambling Act 2001,it is illegal to provide onlinegaming services to Australiancitizens but it is not an offence

to actually play poker or casinogames online. Sports betting islegal with many governmentlicensed providers in operation.

Austria PartlyLegalized

Apr 30,2008

State monopoly, challenged andcurrently re-evaluated underEuropean Union pressure.


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Belize PartlyLegalized

Jun 24,2008

Online gaming licenses may beissued to companies operatingfrom Belize, in line with theGaming Control Regulations of2004. Sites licensed in Belize,

however, are not permitted toaccept wagers from Belizeresidents.

Bulgaria Undetermined

May 01,2008

In the process of legalizing andregulating online gambling inthe country.

Canada Undetermined

May 08,2008

While online gambling is not yetlegal in Canada, manyCanadians play at websiteslocated at jurisdictions other

than Canada, and even atKahnawake-based online casinosites, hosted by the MohawkFirst Nations of Canada.

China Banned Apr 30,2008

Online gambling is banned inChina, as is casino gambling,save the mightily successfulregion of Macau, where there istalk that Internet gambling maybe introduced next.

Costa Rica PartlyLegalized

May 12,2008

It is against the law to acceptbets on gambling games inCosta Rica, but the industry hasdesigned ways around it. As forgames, some are legal, somenot, and the legal status of therest is undetermined.

Cyprus Legalized Jun 23,2008

Online lotteries, bettingexchanges, casino gaming andsports betting are all legal in

Cyprus. The government hasproposed a stricter onlinegambling law that has yet tobecome law.

Denmark PartlyLegalized

Apr 30,2008

State monopoly onlinegambling, reconsidered byDanish government in light of


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European Union criticism.

Dominica Legalized Jul 01,2008

Dominica offers licenses toonline casinos and sportsbooks. There is no tax on profits or

income of non-permanentresidents. The company mustmaintain a physical presence inDominica.

DominicanRepublic

PartlyLegalized

Jul 02,2008

The Dominican Republiclicenses online sports books. Nonew license, however, has beengranted to a sportsbookoperating primarily fromoutside the Dominican Republicsince 1996.

Finland Legalized May 11,2008

Online gambling is popular inFinland, but the country istrying to curb the casino sitesthrough such propositions asallowing gamblers to recouptheir losses.

France PartlyLegalized

Sep 30,2009

The French Parliament will voteon a bill that will open up thelocal online gambling market toforeign companies in addition toits current state run monopoly.

Germany Undetermined

Nov 05,2008

All 16 German state legislatureshave voted to ban onlinegambling, which makes itillegal, only the case ischallenged by the industry atthe European Union Court.

Gibraltar Legalized May 01,2008

Gibraltar has been a majoronline casino center for years,

and maintains a steady positionas such.

Hong Kong PartlyLegalized

Jun 29,2008

Only the Hong Kong Jockey Clubis authorized to offer betting onlotteries, horseracing andfootball online. Offshoreproviders are not permitted to


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offer online gambling servicesin Hong Kong.

India Undetermined

Sep 15,2008

There are no laws that addressonline gambling in India. There

are casinos in Goa hotels, whilegambling is prohibitedelsewhere, but the status of itsInternet form of gambling is notdetermined.

Ireland Legalized May 26,2008

Online gambling is legal inIreland. Gambling winnings inIreland are tax-free.

Israel Banned May 01,2008

Online gambling is banned inIsrael, and its parliament has

even considered censoring theInternet to prevent access toonline casino sites.

Italy Legalized Sep 18,2008

Online gambling has beenlegalised in Italy in September2008, in stages, as thegovernment attempts to limitthe hours people play onlineand control the marketgenerally speaking.

Jamaica Legalized Jun 30,2008

All forms of gambling in Jamaicaare regulated by the Betting,Gaming and LotteriesCommission (BGLC).

Japan Banned Mar 19,2009

Today only horse and motorracing are legal to gamble on in Japan, while the Lottery,Pachinko, and Mahjong areclassified as amusements, thuslegal. The government has

started debating legalizingonline casinos in Japan.

KoreaSouth

Banned Jun 10,2008

The law in South Korea makes itillegal for players to gambleonline.

Liechtenstein

PartlyLegalized

Jun 29,2008

Only the government-controlledlottery, PlusLOTTO, is permitted


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to offer gambling services overthe internet.

Macau Undetermined

Jun 30,2008

The Macau Jockey Club and theSociedade de Loterias e

Apostas Mutuas de Maceau areauthorized to offer online sportsbetting. There is currently noregulatory framework forforeign providers wishing tooperate remote services fromMacau.

Malaysia Banned May 12,2008

Though football sports bettingis popular in Malaysia, onlinegambling is illegal.

Malta Legalized May 01,2008

Malta is a central location foronline casino companies.

Mauritius Legalized Jul 01,2008

Mauritius has been offeringlicenses to online gamingoperators based in the countrysince 1996.

Mexico Legalized May 11,2008

Several online casinos operatein Mexico since 2002, when thegovernment granted licensesfor these gambling operations.

Netherlands

PartlyLegalized

Apr 30,2008

State monopoly under fire byEuropean Union members forstifling free and faircompetition.

NewZealand

PartlyLegalized

Jun 10,2008

TAB and the New ZealandLotteries Commission areauthorized to offer lotteryproducts and sports bettingover the internet. Other onlinegambling providers, however,

are prohibited from entering themarket although is not illegalfor New Zealanders to gamblewith offshore providers.

Norway PartlyLegalized

Dec 17,2008

The government banned onlinegambling in December 2008, aban that will come into force by


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the end of 2009. The ban,challenged by the EU, meansonly state-owned gamblingservices will remain legal.

Panama Legalized Jun 24,2008 Panama began to regulateelectronic games of chance andwagering activities in 2002.Internet gaming providers canessentially operate tax-freewhen accepting foreign wagers.

Philippines Legalized May 26,2008

Few companies allowed to issuelicenses to online casinos basedin the Philippines.

Poland Banned Apr 24,

2008

Internet gambling is

unregulated, but governmentofficials announced that willchange in the second half of2008.

Portugal PartlyLegalized

Sep 30,2009

The EU Court of Justice hasruled that the Portugal state-run monopoly, banning externalonline gambling providers fromcatering to the Portugueseplayers, is legal as long as it isjustified in combating crime andfraud.

Romania Undetermined

Mar 19,2009

Casinos, the kind you find inhotels and resorts, are legal inthe country. Online gambling,however, is not addressed bythe law in any way.

RussianFederation

Banned Jul 02,2009

Online gambling is banned,along with all forms of casinogambling, in all but 4 regions in

Russia, starting July 1, 2009.Seychelles Legalized Jul 01,

2008Seychelles offers licenses toonline gaming providers underthe Interactive Gaming Act of2003. Companies need not bebased in the Seychelles butmust have a company


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representative living on theisland.

Singapore Undetermin

ed

Aug 14,

2008

Singapore laws strictly prohibit

online gambling and theadvertising or promotion ofgambling venues.

SouthAfrica

Legalized Jul 27,2008

The National GamblingAmendment Bill was approvedby the President in July 2008and caters for the legalizationand regulation of the SouthAfrican online gaming industry.

Spain Legalized May 04,

2008

Gambling online is legal in

Spain, where regions have theliberty to set their own rulesregarding the issue.

Swaziland PartlyLegalized

Jun 29,2008

Swaziland-based sites arebanned from accepting wagersfrom South African residents.Piggs Peak Casino, however, isauthorized to offer online Randgambling to Swaziland, SouthAfrica, Namibia and Lesotho.

Sweden Legalized May 11,2008

Online casino gambling is legalin Sweden, under EuropeanUnion rules and regulations, buta ban on advertising is currentlyin place, though challenged.

Taiwan Undetermined

Mar 19,2009

A gambling ban was lifted bythe government in January,2009 and the government hassince began formulating a planfor the future of casinos in the

country. Are online casinos nextto be favorably addressed?

Tanzania Legalized Jun 30,2008

In December 1999 the GamingControl Act was amended,legalizing online gambling in Tasmania and providing alicensing system for fixed-odds


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wagering, sports betting,simulated games and lotteries.

Thailand Banned May 04,

2008

Thailand forbids any sort of

gambling on the Internet.Turkey Partly

LegalizedMay 26,2008

A law was passed in 2007outlawing online gambling in Turkey, although the partiallystate-owned sports bettingcompany, IDDAA, remainsunaffected.

UK Legalized Apr 24,2008

Legalized and regulated underthe Gambling Act 2005.

Ukraine Banned Jul 02,2009

Online gambling, along withcasinos across the country, arebanned.

USA Banned Apr 24,2008

Banned under the UnlawfulInternet Gambling EnforcementAct, Title VIII of the Safe PortAct, with exceptions of fantasysports, online lotteries, andhorse racing.

Vietnam Undetermin

ed

May 04,

2008

Currently, all forms of gambling

save the state lottery are illegalin Vietnam, but the country isconsidering regulating an onlinegambling industry.

LEGAL ISSUES RELATING TO E GAMMBLING IN US

Although gambling regulation is generally left to the states, the federalgovernment has the authority, under the Commerce Clause of theConstitution, to regulate gambling activity that affects interstatecommerce. Internet gambling falls into this category, as bets aregenerally placed at a personal computer in one state or country andreceived at a server in another state or country. If the three federalstatutes that appear to have direct applicability to on-line gambling:


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1. WIRE ACT

The Wire Wager Act is the statute that may be applied most directly to

restrict the use of the Internet as to gamble. It prohibits the use of awire transmission facility to foster a gambling pursuit. It provides, inpart:

"Whoever being engaged in the business of betting or wageringknowingly uses a wire communication facility for the transmission ininterstate or foreign commerce of bets or wagers or informationassisting in the placing of bets or wagers on any sporting event orcontest, or for the transmission of a wire communication which entitlesthe recipient to receive money or credit as a result of bets or wagers,or for information assisting in the placing of bets or wagers, shall be

fined under this title or imprisoned not more than two years, or both."

Finally, the Wire Act mandates that a wire communication facility mustbe involved in order for a violation to occur. Currently, all Internetcommunications are dependent in some way on some type of wirecommunication, such as telephone or data lines. Depending on howInternet technology develops, however, future Internetcommunications may no longer be wire communications covered underthe Wire Act.

Exactly how this Act applies to Internet wagering is hotly debated. One

school of thought in legal circles is that the Wire Act broadly coversany interstate use of the Internet that is related to placing or receivingbets. A second school of thought is that the Wire Wager Act cannot beapplied to online gambling generally for two reasons. First, the words"wire communication facility" only apply to transmissions that usewires and the proliferation of wireless Internet access would thereforefall outside the scope of the Act. Second, reference to "bets or wagerson any sporting event or contest" implies the Act might only apply towagering upon sporting events (not card games or other games basedupon chance).

So finally we can say that it is still not clear that whether wire actapplies to online gambling or not.

2. TRAVEL ACT

The Travel Act imposes criminal penalties for those who utilizeinterstate or foreign commerce with the intent to distribute the


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SUGGESTIONS

Every country as well as US should pay attention to legal issuesfor e gambling as it is growing day by day in every part of world.

Government should try to regulate online gambling not prohibitit. As attempts to prohibit it are unlikely to succeed because ofinterstate and international nature of internet. Most Internetgaming prohibitions, if enacted, would only succeed in drivingInternet gaming underground and keeping it offshore. H.R. 21and S. 627, currently under consideration in Congress, woulddrive payment processing from the most transparent forms(credit card transactions) toward the least transparent (blind e-cash). Finally, if the U.S. sets the precedent of using settlement(meaning payment processing) as the regulatory choke-point for

e-commerce, it is reasonable to conclude that governments atevery level in every country will do the same that could makee-commerce unworkable.

Government should try to license and regulate egambling as Licensing and regulation of Internet gamingwill extend appropriate protection against minorgambling, problem gambling, and money laundering.Many jurisdictions, from the United Kingdom and Australia toCuracao and Antigua have commenced the process of regulatingInternet gaming and some as Ireland, Finland and Italy havealready legalized it . They have found that appropriateregulations can ensure that Internet gaming operators know theircustomers, watch for signs of problem gaming, and followestablished money-laundering criteria applicable to otherindustries.

Government should try to generate awareness among populationabout the disadvantages of online gambling at a high level sothat they are aware about possible losses that they can face.This may help them to stay away from online gambling.

The government of various countries should join hands to controland regulate e gambling in joint.

As online gambling is growing day by day and its a profitablebusiness so government should try to make its operations legaland controlled and use it in wellness of the country.


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In US most of the persons do online gambling even minors areindulged in it so government should also try to regulate it. Asminors dont have proper knowledge about it which can cause agreat loss to them.

According to GAO many law representatives said that onlinegambling may be used to launder money and it is a great tool forthat which can result in illegal activities increasing in US ANDother countries also which should also be regulated.

In US every state decides law about online gambling but it shouldbe made at country level and should be used equally in everypart of country so that the legal framework may not be confusingand complex.

A U.S.-based licensed and regulated Internet gamingindustry would "suck all of the oxygen" out of an off-shore industry without U.S. licenses.

Rep. Bobby Scott (D-VA) put this well in hearing when he said, "Ifpeople in the U.S. have a choice between betting at Offhshore.com orCaesar'sPalace.com, they are going to go to Caesar's every time. Themarketing potential of U.S. branding, combined with the confidencethat players would feel with a U.S. licensed entity would allow U.S.-licensed operators a substantial advantage.

In sum, licensing and regulation of Internet gaming is the best way toensure appropriate consumer protections, appropriate protectionsagainst money-laundering, and an appropriate revenue stream to U.S.jurisdictions. Efforts at prohibition are unlikely to achieve any of these.


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CONCLUSION

Legal framework for online gambling is very complex andconfusing is US.

There are state laws and federal laws which are made tocontrol online gambling in US.

In US a very large part of population is indulged in onlinegambling.

In most of the countries there is no legal framework to controlor regulate online gambling.

Some countries have made it legal or are trying to make itlegal and have found it beneficial.

In India the legal condition of online gambling is stillundetermined.

If made legal online gambling can be a huge source ofincome for some countries.

Government would have to wake up and do something aboutonline gambling or It would prove vulnerable for them.


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REFERENCES

1. http://www.casino.org2. http://www.gamblenet.com/bet/; company name changed from

Sports International Ltd. on April 3, 1996 according to a company

press release posted on its web site.3. http://www.interlotto.li4. http://www.funscape.com; http://www.netcasino.com;

http:www.vegas.com/wagernet (Wagernet's service, thoughadvertised on the World Wide Web, will actually requirededicated hardware and software to access their server, locatedin Belize).

5. http://www.RGTonline.com6. Rick Alm, And Today, Gambling Online Could Take Off, THE

KANSAS CITY STAR, February 12, 1996.7. Dave Mayfield, First Virtual Casino Plans Spring Opening, THE

VIRGINIAN-PILOT, March 26, 1995.8. Sports International, LTD. Form 10K, Dec. 31, 1994,9. Jeanne Dugan Cooper, Cyberspace Casino Planning to Accept

Real Bets: Offshore Location Makes it Legal, Operator Claims,NEWSDAY, March 17, 1995; Internet Casino's business planclaims 30 million people are currently online, seehttp://www.casino.org.

10. Leiby, The Home Gambling Network: It's Illegal, MaybeImmoral, but is the Cyberspace Casino a Good Bet?,WASHINGTON POST, February 24, 2995.

11. Dennis Camire and Keith White, Reality May Soon Catch Up

Hype of Internet's Virtual Casinos, GANNETT NEWS SERVICE,March 2, 1996.

12. Business Plan, Internet Casinos.13. Rolling Good Times Online.14. STUDY CONDUCTED BY GAO WEBSITE: www.gao.gov


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LEGAL ISSUES INE-GAMBLING : A MAJOR

REVIEW ON U.S.A.

University School of Management Studies,G.G.I.S.P.U.

SUBMITTED BY:VARUN BANSAL


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Roll:05816603909

MBA, 2nd sem, AB

CONTENTS

1. INTRODUCTION

2. REVIEW OF EXISTING LITERATURE

3. RESEARCH METHODOLOGY

4. DATA COLLECTION AND ANALYSIS

5. SUGGESTIONS

6. CONCLUSION

7. REFERENCES

e biz project

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