After numerous unsuccessful tries, Bill Frist was able to pass his Unlawful Internet Gambling Enforcement Act by sneaking it into a port security bill that had to be voted on. Frist had so many problems getting UIGEA passed because all of the Democrats, and enough Republicans thought he was wrong. In fact, the only explanation for Frist's obsession with online gambling is his opposition on moral grounds. Think about it... corporate lobbies loved Frist because he had a nearly-perfect voting record on big business. He voted against a bill that would take away tax breaks for companies that outsource and he voted for the controversial bankruptcy bill in 2005. Frist also loved free trade. He voted for free trade agreements with Central America, Oman, Singapore, Chile, and just about everywhere else where it was proposed.
The thing about online gambling is that it is a multi-billion dollar industry - and all of that economic activity takes place outside of the United States. Since online gambling is legal in the EU, a lot of gaming companies are headquartered in the United Kingdom and their stocks trade on the London Stock Exchange. A lot of privately held gambling companies are headquartered in Antigua and Costa Rica where the beaches are beautiful and taxes are low. When Frist passed the UIGEA he absolutely crushed the European gambling companies. Neteller Plc, a company that does the banking for gambling companies, dropped from over 700 pounds to under 200 pounds; and 888 Holdings Plc, which owns several gambling companies, tanked from about 250 pounds to 125 pounds.


Given Frist's record on big business, it seems absurd that he would want to single handedly destroy these companies. And with his record on free trade, it seems absurd that he would want to cut off financial transactions between the US and countries like the UK, Costa Rica, and Antigua. In fact, thanks to the World Trade Organization (which Frist championed) Antigua has sued the US several times in the WTO for violations in free trade, and the WTO agrees.
With Frist finally out of Congress and Democrats in control, we finally have the opportunity to find the best solution for online gambling. Today, Barney Frank (Democrat, Massachusetts) introduced a bill that would allow credit card companies to fund accounts on online gambling websites. Speaking about the UIGEA, Frank told the Washington newspaper
The Hill:
“It’s a terrible idea and there are a large number of people who think it is a terrible idea, I don’t know how it ends. The worst that happens is that enough anti-gambling busybodies will be less inclined to interfere in people’s lives.”
Frank's logic is that gambling is legal in 48 states (either through lotteries or casinos) and that Frist's gambling ban has done nothing to decrease gambling activity. Instead, people who want to gamble are being pushed underground and looking to the local bookie or gambling websites run by organized crime. Before this year's Super Bowl, Peter Sanders wrote the following article for the
Wall Street Journal:
No one thinks that American gamblers' appetites have waned either. Last year, about $94.5 million was legally wagered on the Super Bowl in Nevada casinos, the only place in the land where it's lawful to bet on sports. Illegally, the American Gaming Association -- a casino-industry trade group -- figures that Americans bet between $5 billion and $6 billion each year on football's marquee event. "The likely impact is that people who previously wagered on legal, regulated sites ... will now call a local bookie or bet on an unregulated site," says Alan Feldman, a spokesman for casino giant MGM Mirage.
It's true that many of the publicly traded online-gambling sites have pulled out of the U.S. market since last summer. Some have folded entirely. And the Justice Department served subpoenas to a number of investment banks that allegedly helped underwrite foreign public-stock offerings for some of the companies.
But as the kickoff at Super Bowl XLI in Miami gets nearer, the overall picture of Internet gambling has only gotten muddier. It's not just that local bookies are taking bets over the Internet. For every established Internet-gambling company that has stopped accepting bets from the U.S., others have cropped up to fill the void.
"The online-gambling ban should be renamed the Sopranos Support Bill," says Wayne Allyn Root, an outspoken professional sports handicapper in Las Vegas. "All of this money has moved to brand-new, privately held companies [that] opened overnight and [are] run by criminals engaging in fraud and organized crime."
"The crackdown has taken the online bets out of a fairly transparent set of companies and put them into companies that aren't transparent at all," adds Sue Schneider, president and CEO of River City Group, a St. Charles, Mo., Internet-gambling consultancy. "Players could be more at risk."
Frist's online gambling ban is the epitome of a law with good intentions and terrible unintended consequences (although whether Frist's intentions were good is in the eye of the beholder). The City of Cleveland likes to make the argument that our city is missing out on all the gambling proceeds that are being spent in cities like Detroit and Windsor, and the logic is exactly the same for online gambling in the United States (although casinos in Cleveland are still a bad idea for other reasons I won't discuss). Bodog, a company operated out of Costa Rica, says that half of its business comes from the United States, and the other half from the rest of the world combined. Smart countries are taking in gobs of money that the United States should be collecting as tax revenue.
There is also the issue of safety. With identity theft now the second biggest crime the FBI fights after domestic terrorism, anything that can prevent more ID theft should be undertaken. Instead of having to sign up for accounts with banks in the UK or the Caribbean, Americans should be able to use existing bank accounts and credit cards - not handing out social security numbers to foreigners. And since people love to make the argument that online gambling corrupts children and that ten year olds will ruin their lives by running up outrageous credit... think about this for a second. Legally, a minor cannot open a bank account or line of credit without parental consent. So to think that your kid is going to walk into Bank of America, sign up for a Mastercard, and then run up thousands of dollars in credit is a little silly. Once they turn 18 they are legally allowed to buy lottery tickets, and if they want to gamble online they should be able to do that too.
Few people learn anything from history. But less than a hundred years ago we had another type of prohibition which failed miserably. Sometimes the enemy is too big and too powerful to fight. In fact, online poker players recently claimed credit for Jim Leach's stunning loss in an Iowa congressional race that only Las Vegas gambling could see coming (ironically). According to exit polls, 15% of voters who knew about the UIGEA voted against Leach because of his strong support for it. Numbers like that make people like Karl Rove drool - the fact that a single issue can drive turnout like that is a rarity in politics. The fact is, the government's war on gambling is a failure, and its good that Barney Frank is doing something about it.