Pennsylvania Player Asks If Online Poker Will Get Him in Trouble by Russ Scott on Creators.com

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Pennsylvania Player Asks If Online Poker Will Get Him in Trouble

Recent news affecting online poker has players cheering, but a Pennsylvania reader is worried that signing up to play might cause him legal problems. Let's sort it out.

Q: Hello. I am a resident of Pennsylvania. Can I play poker online without fear of getting into trouble? Is there a certain site or way to make deposits that would make it safer? Signed: A scared poker-lover! — Gary S. in Pennsylvania.

A: There's no reason to be "scared," Gary, but you should arm yourself with information before making the decision to play. Let's look at the big picture first.

On Friday, the U.S. Department of Treasury and the Federal Reserve Board granted requests by the Poker Players Alliance and other organizations to delay the Dec. 1 compliance date for the Unlawful Internet Gambling Enforcement Act. The new date is June 1, 2010.

The decision was an important step for players and legislators supporting the legalization and regulation of online poker in the U.S. It seems to acknowledge that the UIGEA is vague and that it places severe hardships on banks faced with blocking money transactions with online poker sites.

The UIGEA only attacks funding online poker accounts — it does not make playing online poker illegal.

"These additional six months are critical to provide legislators time to clarify the UIGEA and pass legislation to license and regulate poker early next year," said Alfonse D'Amato, PPA chairman and former Republican senator from New York.

In a case of good timing, a hearing is set for Thursday (Dec. 3) in the House Financial Services Committee to discuss H.R.

2267, known as the Internet Gambling Regulation, Consumer Protection, and Enforcement Act. The measure introduced by Rep. Barney Frank, D-Mass., has 63 cosponsors and would create a full licensing and regulatory framework for online gaming.

"This (extension) will give us a chance to act in an unhurried manner on my legislation to undo this regulatory excess by the Bush administration and to undo this ill-advised (UIGEA) law," Frank said in a statement.

So, Gary, what does all of this mean for you as a potential new online player?

In Pennsylvania, state gambling laws specifically define as illegal any gambling game that predominantly relies on chance. Early this year, a Pennsylvania judge ruled poker was mostly a game of skill and dismissed a case against a resident who ran a small-stakes game in his garage.

Columbia County Judge Thomas James wrote in his summary: "The Court finds that Texas hold' em poker is a game where skill predominates over chance. Thus, it is not 'unlawful gambling' under the Pennsylvania Code."

The ruling would appear to apply to both live and online poker games. The catch is that the ruling only covered Columbia and Montour counties in the judge's jurisdiction in the northeast part of the state.

Nevertheless, Gary, there's nothing to stop you from selecting an online poker site, determining the best and safest way to fund an account, and starting to play. People do it every day.

If you decide to play, I recommend you choose one of the larger sites with a reputation for fairness and safeguarding your money. If you decide to be cautious, just wait to see what happens with the UIGEA and H.R. 2267.

E-mail your poker questions and comments to russ@luckydogpoker.com for use in future columns. To find out more about Russ Scott and read previous LuckyDog Poker columns, visit www.creators.com or www.luckydogpoker.com.

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