Late in September, the United States Congress passed a bill concerning port security, and the bill was signed into law by President Bush on Friday. As with many bills that go through the legislative process, the bill wasn’t really initially noticed by many except for C-Span junkies. However, the next day, people began realizing that the ‘Safe Accountability For Every Port’ (SAFE) Act of 2006 (H.R. 4954) did not solely concern the protection of water entries into the United States. In a bit of tricky legislating, the bill also sought to prevent banks and credit card companies from sending funds to internet gambling sites. In essence, the bill made it impossible to conduct online gambling within the parameters of the law. According to many who voted for the bill, the reasoning was that Americans were spending too much online – they needed to be protected from themselves. Americans certainly do spend quite a lot on online gambling: according to Christiansen Capitol Advisors, Americans bet 5.9 billion dollars on internet gambling last year. Man, even the Yankees don’t spend that much money on buying every All-Star they can find. However, even if one accepts that there is a lot of money being won and lost in online gambling, does that give Congress the duty, or even the right, to outlaw it?
Consider the degree to which betting has permeated our culture. Each year, millions of people from all over the country head to Las Vegas and Atlantic City for fun under the artificial sun of fluorescent lighting. Local casinos such as Mohegan Sun and Foxwoods are also flourishing. However, casinos are far from the only sign that gambling is a force to be reckoned with: consider that every sports page in the country lists the odds for every game that day. They do that solely so that people can make intelligent bets upon the games that day. Need more evidence? Almost twenty-three million people play poker online. That’s nearly ten percent of the population. We are so obsessed with gambling that we have now begun watching other people gamble so that we can live vicariously. I don’t play cards or watch much TV, but even I can name at least a few different poker shows on television. I apologize for beating you over the head with it, but it is pretty clear that gambling, in many different forms, has become a reality for many Americans.
With that in mind, what right does the federal government have to forbid online gambling? Gambling may be dangerous if one is irresponsible about it, but can the government really claim the moral imperative to prevent it? They claim that online gambling is particularly hazardous because many firms are unregulated, due to the fact that they are offshore. If that is the case, why not seek to regulate online gambling, rather than simply outlaw it? Such a solution seems like it would be the best of both worlds. Bush and his government seem to see the world in black and white, but there is definitely a grey area when it comes to online gambling. I am not cocky enough to suggest that I have a perfect plan to regulate and control online gambling, but I do know that outlawing online wagering is not the answer. When the government outlaws a particular activity, it may become more difficult, but it certainly does not become impossible. Consider how many of your friends have easy access to drugs, or drink underage. When there is a will to break the law, there is a way. This maxim is particularly troubling when one considers that gambling is an addictive behavior. Those who really wish to gamble will find a way to do so, even if it leads to dire consequences. Gambling is never a sure proposition, even for the best of players. However, a certain amount of risk is part of the game. In casinos, the odds are well known, and a plethora of regulatory boards supervise all casinos. With the sorts of unregulated, shady companies that will no doubt seek to “assist” desperate gamblers, there will be no such regulation.
If the government truly seeks to intervene on behalf of their constituency, would they not be better serving the general public by regulating gambling, rather than seeking to eliminate it? It would not be that difficult. The companies that make up the bulk of online gambling would be only too willing to play along; they have lost a significant portion of their customer base with this new legislation. The government could even demand a tax on gambling, as they have on tobacco products and other such “vices.” In this way, everyone would win. New commerce would be generated, those who enjoy gambling could be allowed to pursue their interests, and the government would have more money to fund the war against terrorism. That’s a hand that even pocket aces can’t beat.
