March 24, 2004

Internet Gambling OK

Despite years of efforts by federal and state prosecutors in the U.S. to apply antiquated old laws against use of "wires" (i.e., telephone service) for betting to try and outlaw Internet casino and sports wagering -- and to adapt those old paradigms to offshore betting operations conducted over the Net from foreign countries -- the World Trade Organization is prepared to rule these efforts violate international trade laws and treaties. [Los Angeles Times]. This is just another example that the square peg of pre-Internet law and policy does not fit into the round hole of globally networked e-commerce. The system is broken, boys and girls, and no amount of tinkering can fix it. We've got to fundamentally rethink the application of legacy law to Internet-based activities in this brand new environment.

Societies that use the law to fight against technological change always lose. And those that do so, like here, in paternalistic efforts to protect citizens against the moralistically "harmful" effects of victimless conduct are figthing a rear-guard and quixotic action against human nature. Every other civilized Western nation except the U.S. permits casino and sports betting. If Americans want to do so via the Internet, what business does government have trying to stop them? The answer -- the Christian Right notwithstanding -- is NONE.

 Posted by glenn

Comments