| The Sucker's Bet |
CONGRESS HAS TAKEN A PUSH ME-PULL YOU APPROACH TO CYBERSPACE LAWMAKING
When it comes to making policy decisions about cyberspace, the U.S. Congress makes confessed Unabomber Ted Kazynski look like the poster boy for Mental Health Week. Members of Congress routinely line up public appearances where they trot out the Internet like some kind of high-priced show pony. They extol the wonders of the Internet for children. They even jump on the bandwagon of decent cyberspace legislation, such as the Internet Tax Freedom bill which would prohibit any new taxes from being placed on Internet transactions.
When it comes to making policy decisions about cyberspace, the U.S. Congress makes confessed Unabomber Ted Kazynski look like the poster boy for Mental Health Week. Members of Congress routinely line up public appearances where they trot out the Internet like some kind of high-priced show pony. They extol the wonders of the Internet for children. They even jump on the bandwagon of decent cyberspace legislation, such as the Internet Tax Freedom bill which would prohibit any new taxes from being placed on Internet transactions. But Congress is just as quick to lash out at the medium. They pass a law trying to regulate content on the Internet-the socalled Communication Decency Act-only to see the Supreme Court strike it down as unconstitutional. And like a dog returning to its own vomit, they resurrect a similar bill this time vowing it will pass constitutional muster.
There is no better example of the push me-pull you approach to cyberspace lawmaking in Washington then the current attempt to pass legislation banning Internet gambling.
The Internet Gambling Prohibition Act (S-474, H.R 2380) make it a criminal offense to place a bet online. You can throw cash at your office Super Bowl pool with impunity, but try putting down a virtual bet and you’re a test case waiting to happen under this bill. The bill even makes it a crime to post odds online or tips on how to “beat the book” Suddenly, information, in the rawest of forms, is outlawed. This means that the popular “fantasy leagues” that operate via the Internet also become criminal activities.The rhetoric underlying the Internet Gambling ban bill, though fundamentally flawed, provides several lessons for anyone trying to deal with the twisted court jesters in House and Senate.
Lesson One: They don’t understand the medium. The Internet gambling ban bill is unenforceable on its face. The bill actually says that on-line casinos located outside the United States that take bets from US. citizen are subject to the full force of US. law Ludicrous! Seen Jon Kyl(R-AZ.), author of the bill, says that it is the “explicit intent of Congress to create extraterritorial jurisdiction regarding Internet gambling activities “You have to laugh at the thought of Antigua coughing up the owners of a virtual casino just because the Febs ask them.
Lesson Two: Don’t confuse them with the facts. Kyl has issued dire warnings about kids becoming gambling addicts because of easy access to virtual blackjack tables. He forgets that no casino in operation allows betting without age verification and a credit card-backed account. Kyl also says an outright ban is needed because the Internet is impossible to regulate. Funny, I don’t remember him making that argument when he voted to regulate free speech on the Internet.
Lesson Three: Buy them books and they eat the pages. Internet casino operators aren’t opposed to being regulated; they are opposed to being jalled, Several casino operators I’ve spoken to said they would welcome being as regulated as the gaming industries in Las Vegas. This way, they tell me, they could live in the United States and pay taxes. Kyl and his cronies won’t even consider it. Who would have though they’d turn down free cash?
It all comes down to education. If you want government to keep their hands off your business you have to get involved. Make noise. Get to Washington and let your members of congress see your face, and do it on a regular basis.
Believing that Congress will do the right thing when it comes to cyberspace is a sucker’s bet. Trick is, Congress betting you’ll take it.
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