MAKING A LEGAL POINT

(619) (6-October-2006)

Can a bill be titled "Unlawful" without clarification that it refers to an unlawful activity?

UK based law firm Olswang has raised an interesting point of legality concerning the much debated new US "Unlawful Internet Gambling Enforcement Act of 2006" , suggesting the measure may actually apply to absolutely nothing! 

"The UIGE Act does not actually clarify the law on what is "unlawful Internet gambling," says the firm. Gaming that is legal prior to the Act coming into force remains legal and unregulated but no clarification is given on this unclear area of law." 

In his rush to steamroller the new law through a last minute session of Congress attached to a totally unrelated but urgent safe ports bill, Sen. Frist apparently chopped out one of the important original intentions of the Goodlatte legislation that had earlier passed the House.

This was designed to specify that the antiquated and confusing 1961 Wire Act does apply to the Internet, a contentious point that still remains the subject of argument.  Rep. Goodlatte expressed disappointment at the excision (see earlier InfoPowa reports), and vowed to press forward with it again, bringing it to a Congressional vote in the hope that it will deliver the coup de grace to the industry in the USA.