The online poker mess
Posted by Chuck on April 21st, 2011I’m sure many people saw the headlines late last week. The U.S. Department of Justice charged close to a dozen representatives of Full Tile Poker and Poker Stars with bank fraud, money laundering, and other related crimes. The two sites’ domains were seized by the feds (since released) and they stopped allowing U.S.-based players to participate in real-money games.
Some people’s responses were along the lines that they were shocked–shocked!–that gambling was going on here. Never mind that it’s well-documented that poker is a game of skill (that does have some random elements, to be sure). Others wondered why, on the heels of the mostly-failed Barry Bonds trial and the Republicans deciding to spend upwards of $500 million to defend DOMA, why they were also spending taxpayer dollars on this pursuit.
And some people thought that playing poker online in the U.S. is illegal.
It isn’t. (Well, unless you live in the state of Washington.)
What about the UIGEA (the Unlawful Internet Gambling Enforcement Act, passed by Congress and signed into law in 2006)? Here’s the thing: the UIGEA doesn’t ban gambling online. What it does ban is websites hosting gambling games, as well as poker, from knowingly accepting payments or deposits for gaming. It’s a subtle but significant difference. Anyone who claims online poker is illegal is simply wrong.
On the heels of the passage of UIGEA, most banks and credit cards stopped processing payments to those site, payments that were monies used to play online poker. And that was the idea behind the law: prevent people from putting money online and you shut down the gaming, so you don’t have to out-and-out make online gaming illegal. Basically, a wishy-washy way to take a stand without actually taking a stand, so typical of politicians these days.
Well, sites looked for ways around the law as it was written. Different types of payment processors popped up. Lawyers for the sites looked for loopholes and omissions. And as people learned about the ways around UIGEA, online poker continued to flourish.
Whats interesting is that online poker doesn’t take business away from brick-and-mortar establishments. On the contrary, it increases business overall, one reasons why we saw in recent years a boom in establishments offing poker–and why many have failed, not because of online poker, but because in many areas, there was simply a glut of tables. Which makes it even more puzzling that the backers of a California law to tax and restrict online poker are the poker rooms and Indian casinos of the state.
But back to the UIGEA and the indictments. It seems, according to the government’s claims, that some at or near the top of FTP and PS may have pushed the loopholes a bit too far. Far enough to attract the attention of bored U.S. attorneys (or mistakenly annoyed casino executives, themselves large political contributors, who in turn put a bug in the ear of bored U.S. attorneys), and now we have the two largest poker sites not taking business from their largest customer base.
For me, that’s where I have my accounts. They are small accounts. I play online very occasionally, and for very small amounts. I actually put a small deposit into my PS account not that long ago solely to play the “Home Games” feature with friends. I’d not joined any tournaments yet, but I was very sporadically playing some no-limit poker–$1 or so at a time playing $0.01/$0.02 blinds–and after just a couple of hours of play overall, I was up something on the order of 50 cents.
Quite frankly, the UIGEA was an onerous, meddlesome, partisan piece of puritanistic dreck, foisted on us unwanted by moralistic morons who parrot the party line that government must be ever smaller–unless they feel the need to insert government into your life. The few smart, sensible minds in Congress were working carefully to repeal UIGEA and replace it with well-thought-out regulation and taxation–until the Tea Partiers lied their way into infesting Congressional seats and began imposing their proudly ignorant and narrow world views, views that do not include any notions of personal freedoms, on the land, and in the process, threatening to stop and progress on any work unless they got they way. Sort of like 6-year-olds.
So UIGEA repeal was stopped in its tracks and he feds are spending money on this prosecution.
I can’t condone FTP and PS executives if they did indeed push too far. By the same token, I can hardly fault them for trying, for doing what they needed to do to keep their business successful and thriving. But it all leaves lots of people in limbo.
What’s going to be really interesting is to see if this creates an influx of players into brink-and-mortar rooms across the country. I can say so far I’ve not seen in big influx at Artichoke Joe’s, but the data sample may still be too small. What’ll be interesting also is to see how online players will adapt to live play, adapt from multi-tabling hundreds of hands an hour to the single-table snail’s pace of maybe 30 hands an hour, and what that will do to their game. For those of us who are reasonably good at live games, it could make them more lucrative, as an important aspect to winning play is patience.
Meanwhile, I urge you to contact your Representative and Senator and ask them to repeal the UIGEA. Let us play our poker.