"Give me liberty or give me death!" cried American revolutionary Patrick Henry, just before being put to death for his revolutionary fervor. Although protesting the Kyl/Goodlatte Internet Gambling Prohibition Act might be considered revolutionary on some fronts, it shouldn't end in any death sentences. Thus, a new site to fight "this terrible threat to our civil rights" helped launched Internet Liberty, which petitions Congress not to pass these bills.
Americans can email a letter to Congress showing the sender's antipathy towards "Bills 3125 and 4419 that threaten to restrict our freedom of movement on the internet, and our ability to choose what websites we want to visit," explains the site. The petition includes the sender's name, city and state which is sent along with a letter that says:
Dear Congressmen,
I am writing to you today to voice my objection to House Bills 3125 and 4419, which address the issues of Internet gambling. These bills are flawed in their structure and are not the correct approach to take towards Internet gaming. I believe that the implications of these bills are far reaching beyond just gambling and are the first steps toward International Internet commerce and law. These bills fly in the face of the principals of Internet freedom, consumer choice and consumer open-access.
Moreover, these bills have the potential to seriously affect the US Internet economy. Currently, the US is where the world looks to for Internet leadership. If this bill is passed, a layer of bureaucracy has the
potential to smother our success. The industries that will be affected by this bill include both the banking and the telecommunications industry. Two mainstays of the US economy that, if this bill passes, will be at a disadvantage to foreign competitors.
During a recent hearing by the Telecommunication Subcommittee on HR 3125, the most prevalent fear among the committee members was that this bill, if it became law, would mark the beginning of Internet regulation; a path Congress has thus-far been able to avoid. This is also a fear that has been reiterated by staff members of the White House. Assistant Treasury Secretary Gregory Baer testified that certain provisions of the Internet Gambling Funding Prohibition Act could violate US obligations under international treaties.
Then there are the issues of enforceability. The Telecommunication Subcommittee and members of the Department of Justice have expressed their concerns about the take down provisions for ISPs and the ability to actually enforce the proposal if it became law. Members of the House Commerce subcommittee have expressed reservations about the enforceability of the bill as well as the exemptions. "You could drive a Peterbilt truck through this," said Rep. Anna Eshoo, D-Calif. While the banking industry has some very grave concerns as well. "This is a very dangerous bill and precedent," said Anita Boomstein, partner in the Washington D.C. law firm Hughes Hubbard & Reed. "It effectively puts (banks) in the position of being the policemen (for enforcing) how their payment solutions are used."
What is the exact purpose of HR 3125, to make Internet gambling illegal? HR 3125 will not accomplish that goal; it will legalize many aspects of gambling over the Internet. This is the exact reason why the Department of Justice, the American Gaming Association, as well as many Church groups will
not support this bill. There are exemptions for horse racing, dog racing, jai alai and the pari-mutuel industry; the latter of which still leaves the door open for sports wagering in a pari-mutuel format just like the Oregon State Lottery.
The Telecommunications Subcommittee and the Department of Justice have both complained of over-broad and complicated language, inconsistencies in carveouts, and an inability to understand why this bill was necessary when the same effect could be accomplished by modifying 18 USC 1084, the Wire Act.
Kevin V. Di Gregory, Deputy Assistant Attorney General, testified before the Subcommittee on Crime, "The Department urges Congress to amend existing gambling laws, rather than create a new technology-specific statutory scheme." "The Department is concerned that the bill does not really prohibit Internet gambling, but rather facilitates certain types of gambling from the home and, therefore, arguably expands gambling opportunities."
Several Christian right organizations have pulled their support. In a May 11 letter to Hyde, Paul M. Weyrich, president of the Free Congress Foundation, voiced his "strong opposition." The Christian Coalition, which originally supported the bill, said in a letter to Hyde in March that it could no longer do so because of the dog racing and jai alai provisions. The Traditional Values Coalition has also changed its mind. "When it gave an exemption to pari-mutuel betting, we said this is too much," said the group's chairman, the Rev. Lou Sheldon. "It opens a giant Pandora's box."
In summary, these bills will not accomplish their goals. These bills will not make Internet gaming illegal but, rather, they will expand the opportunity. Internet gambling is quite prevalent, not only in the United States but around the world. An approach that recognizes this fact and works for further world regulation for the protection of the citizens of the United States must be considered. More importantly, these bills will set a precedent for International law and commerce that is in direct contradiction to the purpose of the Internet. These bills will have far reaching consequences beyond gaming and are the first steps towards destroying the Internet and the US Internet economy. As a resident of your state, I urge
you to vote AGAINST HR 3125 and 4419.
Those who want to email their congressman through this system can do so at http://www.InternetLiberty.com.