iMega case

07-29-2009

New arguments being presented, this week, by both the Interactive Media Entertainment & Gaming Association and the US Department of Justice on the constitutionality and other legal arguments surrounding the Unlawful Internet Gambling Enforcement Act.

In the US Third Circuit Court of Appeals sat in Philadelphia three judges on July 7 as legal representatives from both sides argued their cases.

Where takes the online betting place?

The three judges appeared to be focused on the question where betting takes place, leaning toward the physical presence of the gambler, which could militate against a favorable ruling for IMEGA, early reports suggested. However, there has so far nothing conclusive emerged, and the decision of the judge is still awaited.

Privacy rights of online casino gamblers

Attorney Eric M. Bernstein of Warren, N.J., urged the judges to hold the statute violates the First Amendment and privacy rights of gamblers. Law professor Stephen A. Saltzburg of George Washington University, argued for the IMEGA, he was supported by attorney Eric M.
The US Justice Department was represented by attorney Nicholas J. Bagley.