iMEGA Files Notice of Appeal on UIGEA Enforceability Ruling

1 April 2008

As promised, the Interactive Media Entertainment and Gaming Association (iMEGA) is appealing its case against the U.S. government over the enforceability of the Unlawful Internet Gambling Enforcement Act.

The non-profit group was granted standing last month in a New Jersey court, which meant they had the right to pursue their case.

Overall, however, the case was dismissed.

This morning iMEGA filed a notice of appeal with the United States District Court for the District of New Jersey (Trenton). The appeal will be filed at the United States Court of Appeals for the Third Circuit, also in New Jersey.

iMEGA Chairman Joe Brennan Jr. told IGN in March that his organization would go ahead with the appeal. This notice is the preliminary step for iMEGA prior to filing a full brief regarding its appeal.

"What we are primarily looking for from the court is that assertion regarding Americans' fundamental right to privacy," said Brennan. "If we have a fundamental right to privacy we should enjoy that right even when we're online."

"Secondly, we want this law overturned because of the chilling effect it has on our right to privacy and the government's interference with it," he went on. "And the law is a defective, unworkable law. It is inconsistent with offline law. If gambling is legal in 48 of the 50 states how can it be expressly illegal just because it's online?"

View a copy of the notice of appeal.

Emily Swoboda is the senior staff writer at IGamingNews. She lives in St. Louis, Mo.