Washington Examiner Op-ed: New Internet gambling law needed now (Louis Freeh and Tom Ridge)
By Louis Freeh and Tom Ridge
Having served for the last 30 years in significant legal roles -- legislator, governor, prosecutor, judge -- we understand that fundamental elements of the rule of law include clarity and enforcement.
Opaque directives have the potential to invite violations and hinder enforcement. This is particularly true when attempting to apply old laws to new problems, and a recent vote by the District of Columbia Council demonstrates why.
The council just voted to repeal the city's first-in-the-nation Internet gambling law. Regardless of the council's intentions behind their decision to repeal, this vote brings to light a larger problem facing the country, illegal Internet gambling.
Unless Congress acts and works toward a national policy to regulate online gambling, we could be facing different laws that are designed, in theory, to operate within the borders of a state.
But, in practice, we all know that Internet gambling takes place in a borderless enterprise outside an already ambiguous policy arena that affects millions of Americans.
Americans across the country can gamble on various games on the Internet such as cards, sports and games of chance, even though various laws make those activities illegal and the operations running them are offshore, unregulated and offer no consumer protections.
There are as many as 1,700 offshore sites of these kinds taking bets with an annual market of $4 billion to $6 billion.
Unlicensed and unregulated online gambling websites may very well now proliferate more than ever, all still lacking safeguards against fraud, underage gambling and money laundering.
And unfortunately individual states simply do not possess the necessary law enforcement tools to effectively police gambling in a borderless Internet.
While this seems like a dire outlook, there is some cause for optimism. There is a growing consensus that strengthening law enforcement and consumer protection should be the focus, and ultimate goal, of the debate on Internet gambling.
Leading professional law enforcement organizations like the Fraternal Order of Police, National Association of District Attorneys and the National Association of Police Organizations have publicly stated that federal Internet gambling laws are in need of reform and that online poker should be strictly regulated.
Organizations ranging from nationally recognized Internet child and consumer protection advocates to the U.S. Chamber of Commerce are also advocating for a federal solution to the issue of Internet gambling.
To build on the chorus of calls for action by America's law enforcement community and bring greater legal clarity to this issue, federal policymakers should consider four key steps:
First, modernize and strengthen the Wire Act, as well as the Unlawful Internet Gambling Enforcement Act of 2006 to eliminate illegal Internet gambling and unambiguously define related crimes.
Provide federal law enforcement agencies with additional tools to crack down on rogue operators and empower those agencies to shut down illegal sites, working with financial institutions to stop illegal gambling.
Protect the rights of states to determine what forms of gambling are legal within their borders, by giving them the authority to accept or prohibit online poker and mandate geo-location tools to block consumers in prohibited jurisdictions.
Finally, establish a strict and uniform gambling regulatory framework for licensing and enforcement of online poker only in jurisdictions that choose to accept the activity with state-of-the-art technology and strong regulations.
These steps are critical to protect millions of Americans from shady offshore operators, especially in light of the D.C. Council's recent decision repealing the city's Internet gambling law.
Applying old laws to new problems poses significant challenges to a clear understanding of the law, but if Congress can move quickly those challenges can be addressed. We hope they will.



