The World Trade Organization’s
ruling with regard to the United States’ appeal involving
regulation of the online gambling industry, involving the
small island of Antigua and whether it has the right to make
its online gambling services available to United States citizens,
is of central importance. This small island that claims a
population of only 68,000 people, a tiny Caribbean nation,
apparently is standing up to the United States in what is
actually an international battle over the ultimate fate of
the Internet gambling industry.
It is the argument of the government of Antigua that while
the United States is barring online gambling from its country,
the United States itself is allowing gambling and sometimes
Internet gambling on its own territories. Only businesses
that deal in online gambling that are of the\based in Antigua
are being blocked as being illegal. Antigua’s lawyers
claim that this is a color violation of fair trade practices
in that it discriminates against foreign companies. In addition,
it is Antigua’s argument that the Washington based
World Bank was the very one that encouraged Antigua to get
more involved in Internet industry as a way of diversifying
its narrow economy.
On their part the United States is arguing that Internet
gambling is a moral hazard, more so than conventional forms
of gambling. In addition they sight the World Trade Organization’s
own 1995 General Agreement on Trade in Services major ruling
that enforces a country’s right to prevent offshore
gambling.
To counter this argument of the United States, Antigua
is pointing out that the United States is in no position
to take the moral high ground since it allows brick and mortar
casinos and gambling within its own territories, in many
locations including various locales. It is legal to gamble
in that country in small rural towns, on various Indian reservations,
in a number of large cities, and in addition to that, it
is possible to legally purchase lottery tickets over the
Internet in Las Vegas.
Also there are many military bases that operate their own
casinos even when local laws otherwise prohibit gambling.
There are those who argue that military bases are possibly
the worst place to allow gambling since the military environment
might be conducive to the development of gambling addictions.
Joy Cohen, the owner of an online gambling site that is
based in Antigua, is one who is very much aware of what is
going on between the U.S. and Antigua. It was Cohen who was
recently arrested and convicted for letting Americans bet
online, in violation of the U.S. Wire Act. He ended up serving
17 months in jail for this white-collar crime. Therefore,
Cohen eagerly awaits the WTO’s ruling on the U.S. appeal
in anticipation of a moral victory.
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