A federal judge has ruled that online and specifically overseas gambling will remain illegal in the U.S. Several weeks ago, the Interactive Media Entertainment and Gaming Association decided to file a new case asking the court to check the legal implications and the constitutionality of the UIGEA.  U.S. District Judge Mary L. Cooper expressed that the case had insufficient material to determinate if the Internet Gambling Enforcement Act is violating any constitutional rights. The Interactive Media Entertainment and Gaming Association disagree with several points described in the Enforcement Act, especially with the fact that it interferes with the citizens’ privacy and freedom of choice. However, Judge Cooper also stated that the any one including the Gaming Association has rights to take the case to a federal appeals court, something that the Association plans to do in the near future.

“You’re looking at a law criminalizing an activity online that is legal off-line in 48 of the 50 states. If I have that right off-line in the real world, I should have that right online.” said Joe Brennan Jr, Interactive Media Entertainment and Gaming Association chairman.

The U.S has already lost a case due its gambling laws, besides the EU announced that it has plans to investigate the statements of a British Gambling Association that claims that the UIGEA is affecting gambling payments made between global parties but paid over American services, which is a violation of WTO rules.

The WTO has ruled unfavorably the U.S gambling policy in the past, in 2006 the WTO said that the U.S has the right to control all forms of gaming including online casinos, online poker rooms and online sportsbooks as an effort to protect the public morality, however, the WTO also expressed that keeping restrictive policies is illegal under WTO rules and ruled in favor of Antigua and Barbuda when the tiny Caribbean island filed a case against the U.S. in 2007.

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