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Chapter 4 - Europe and Cross-Border ChallengesPhilippe Vlaemminck, Annick Hubert EU lawmakers are reluctant when it comes to regulating iGaming, but due to its growth and the resultant increase in cross-border competition, EU institutions – and especially the European Commission – are becoming more actively involved in the iGaming debate. Subsections: view | hide - The Electronic Commerce Directive
- The Services Directive
- Case Law
- The Infringement Cases
- The Concept of Establishment
- Value-Added Tax (VAT) on Gambling Services
- Competition Law and Gambling Services
- The Trade Barriers Regulation Action
- TBR Investigation by the Commission
- Conclusions of the TBR Report
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Chapter 5 - The United KingdomTony Coles Betting, as well as games and lotteries, can be made available from a site located in the U.K. if the appropriate Remote Gaming License is held. Subsections: view | hide - Background
- Contractual And Jurisdictional Issues
- U.K. Gambling Law
- Imderage Players and Player Verification
- Taxation
- The Regulatory Future
- Conclusion
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Chapter 6 - ItalyStefano Sbordoni In the last 10 years, with increasing speed, laws have been issued – sometimes in a dishomogeneous manner – that have created an important, lively, controlled market for public gaming, including online gaming. Subsections: view | hide - The New Regulation Introduced by Community Law
- Decree on Incentives
- Consiglio di Stato
- Documents Sent to European Commission in Brussels on Implementation of Community Law No. 88/09
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Chapter 7 - SpainAlbert Agustinoy Guilayn The traditional Spanish gambling market has been shocked by the emergence of online casinos and betting Web sites, but their appearance has not been accompanied by a modernization of Spanish law. Subsections: view | hide - Legal Background
- Legal Challenges Posed by Internet Gambling in Spain
- Legal Initiatives Adopted by the Autonomous Communities
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Chapter 8 - SwedenUlf Isaksson The question whether restrictive Swedish gambling laws are in violation of EC law continues to be much debated inside and outside courtrooms in Sweden. Subsections: view | hide - The Regulatory Framework
- Objectives
- Swedish Gaming Market
- The Lottery Act
- Lotteries
- Promotion of a Foreign Lottery
- Case Law on Gambling Services
- Developments
- Where from Here?
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Chapter 9 - DenmarkHenrik Norsk Hoffmann Danish gambling legislation, which does not distinguish between land-based and online betting, is built to support a state-owned monopoly, but private operators are gaining increasingly larger shares of the market. Subsections: view | hide - Danish Legislation and the Monopoly License
- Internet Gambling
- Poker
- High Court
- Supreme Court
- Is Professional Poker Playing Illegal in Denmark?
- New Taxation Guidelines on Poker
- Future Developments - Liberalized Online Market in Denmark from 2011
- Only Licensed Operators
- Obtaining a License
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Chapter 10 - FinlandJohn Eriksson Finland has a regulated gambling market with state-licensed monopolies and authorities are trying to create a more effective system for keeping online operators outside the Finnish market. Subsections: view | hide - The Finnish Gambling System
- Comments on the Proposed Changes to the Lotteries Act and Penal Code
- Effects of the Proposed Changes
- European Commission Response
- Further Proposed Changes to the Lotteries Act
- Decisions from the Finnish State Attorney
- Decisions from Finnish Courts
- The Finnish Internet Gambling Market
- What's Next for Finland?
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Chapter 11 - GermanyMartin Arendts, Wulf Hambach, Susanna Münstermann The German iGaming market continues to finds itself in the process of change, with the ECJ ruling recently against Germany’s efforts to protect state-run gambling monopolies. Subsections: view | hide - Share of German Gambling Market (per Gambling Category) - 2005
- Policy Concerns
- The Legal Basis for Gambling Law in Germany
- Recent Case Law
- Where from Here?
- Carmen Media Update
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Chapter 12 - FranceThibault Verbiest, Evelyn Heffermehl France’s restrictive iGaming laws recently underwent significant changes when a scheme for licensing online gaming operators for sports betting, horse betting and poker was introduced. Subsections: view | hide - Criminal Liability of Remote Gaming Operators
- Liability of Intermediary of Affiliated Services Providers
- ECJ Case Law
- National Case Law on Gambling
- Infringement Proceedings
- International Aspects - French Jurisprudence on Internet Cases
- Where from Here?
- Update: France's New Regulated Market
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Chapter 13 - BelgiumThibault Verbiest, Evelyn Heffermehl The Belgian government recently adopted a new Gambling Act, scheduled to go into effect in 2011 if it is not delayed by a lawsuit. Subsections: view | hide - Games of Chance and Casino Games - Act of 1999
- Reform of the 1999 Act on Games of Chance
- Lotteries: The 2002 National Lottery Act
- Commercial Court of Liege, 23 April 2007
- Where from Here?
- Update: Belgium's New Gambling Act
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Chapter 14 - The NetherlandsJustin Franssen, Kevin de Rooij While the EC is devoted to challenging Dutch gambling monopolies, Dutch gambling operators have diligently safeguarded these monopolies, frustrating any shift toward regulated, liberalized gambling markets. Subsections: view | hide - The Regulation of Gambling in the Netherlands
- Gambling in the Netherlands
- Internet Gambling Jurisprudence
- The Lotto-Ladbrokes Proceedings
- Betfair Proceedings
- The Compagnie Financiere Regionale Case: A Change of Heart?
- Another Change of Heart: Schindler Returns
- Conclusion
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Chapter 15 - The Isle of ManMiles Benham The Isle of Man is a highly regarded jurisdiction for regulated online gambling, with regulations that are frequently updated to reflect the constant changes and requirements of the online gambling sector. Subsections: view | hide - Background
- Telecommunications and Bandwidth
- Online Gambling Legislation
- Taxation
- Financial Assistance Scheme
- The Application Procedure
- Regulations
- Advertising and Marketing of Online Gambling
- System Verification
- Disaster Recovery
- Anti-Money Laundering
- The License
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Chapter 16 - AlderneyPhilip Taylor, Laura de Lisle In Alderney, the online gambling process is separated into two distinct licenses so that, first, companies can specialize and second, changes in the iGaming industry can be more easily accommodated. Subsections: view | hide - Regulatory Framework
- Whitelisting to Permit Advertising in the U.K.
- Provisions of the eGambling Legislation
- The AGCC's APproach toward Regulating eGambling
- How It Works
- Where from Here?
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Chapter 17 - MaltaOlga Finkel Remote gaming in Malta is a regulated, licensable activity within a fully developed regulatory framework which caters to all kinds of games offered via remote channels including the Internet, mobile and interactive TV. Subsections: view | hide - A Timeline of Gambling Regulation
- The Competent Authority for Internet Gaming
- Corporate Vehicle for a Remote Gaming Operation
- Licenses and Licensing Proectures
- Salient Regulatory Requirements for Carrying Remote Gaming Operations
- Post-Licensing Compliance
- Taxation of Betting Operations
- Notable Case Law
- Where from Here?
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Chapter 18 - The United States - A Series of Unintended EventsMartin Owens The U.S. government actually has no clear legal policy regarding iGaming, and despite the unremitting efforts of prohibitionists in Congress and the courts, iGaming is poised to sweep the United States. Subsections: view | hide - U.S. Constitutional Underpinnings
- Local Gambling Law and Technology
- The Wire Act and Other Extensions of State Law
- American Gambling Renaissance Creates a Mass Market
- Backlash
- The Statutory Gap and the Jurisdiction Question
- Congressional Prohibition Efforts Progressively Weaken
- UIGEA: A Series of Unfortunate Legislative Events
- Stairway to the States
- Side Effects
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Chapter 19 - U.S. Telecomm LawMartin Owens Internet gambling practically leapt into existence, building on an existing telecommunications infrastructure, but this initial situation is rapidly giving way to a new reality. Subsections: view | hide - The Need for a Fit
- Evolution of the Legal and Regulatory Framework
- Shifts in Telecomm Systems and Technology
- The Broadband Controversy
- Internet Gambling's Stake for the Future
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Chapter 20 - Advertising and U.S. LawLawrence G. Walters While legal developments in U.S. gaming law have impacted the willingness of many media outlets to accept advertising directed at U.S. players, a substantial number of operators still take U.S. play, generating opportunities for “White Label” operators, promoters and affiliates. Subsections: view | hide - Overview
- Historical Regulation of Gambling Advertising
- Current Federal Gambling Advertising Regulations
- Advertising Risk Facrtors
- Conclusion
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Chapter 21 - U.S. Case LawCory Aronovitz, Mark D. Schopper, Jon Topolewski Criminal cases related to iGaming generally fall under the Wire Act and civil cases generally involve violations of the RICO statute. Subsections: view | hide - Federal Case Law - Criminal Cases
- Federal Case Law - Civil Cases
- Interactive Media Entertainment & Gaming, Inc. v. U.S. Attorney General et al.
- Trademark and Cybersquatting
- Patent
- State Case Law
- Where from Here?
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Chapter 22 - CanadaMichael D. Lipton, Kevin J. Weber Online gaming and betting are prevalent in Canada and may be conducted and managed by the government of a Canadian province, which in recent years has led to provincial governments beginning to exercise their prerogatives in the iGaming field. Subsections: view | hide - Criminal Code of Canada
- Jurisdiction
- Advertising and Marketing Online Gaming and the Canadian Criminal Code
- Advertising of Instructional "Freeroll" Web Sites
- Ontario - Section 13.1 of the Consumer Protection Act, 2002
- The Mohawks of Kahnawa:ke
- Cyber World Group
- Recent Legislative Developments: Bill C-13
- iGaming Conducted and Managed by the Provincial Governments and the Earth Future Lottery Reference Case
- Where from Here?
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Chapter 23 - MexicoBarnard Thompson Little has changed regarding Internet gaming in Mexico in the last six years, other than some fiscal and tax-related issues. Subsections: view | hide - The Politics of Gambling in 2008
- The Politics of Gambling in 2010
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Chapter 24 - South AfricaMarita Carnelley Unauthorized iGaming is currently prohibited by statute in South Africa, although there are indications that this situation will change in the next few months. Subsections: view | hide - Historical Development
- 2008 National Gambling Amendment
- Where from Here?
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Chapter 25 - AustraliaJamie Nettleton Under Australia’s Interactive Gambling Act, two types of regulatory models apply to iGaming – one for Internet gaming (including casinos and interactive games) and another for Internet wagering, sports betting and online lotteries. Subsections: view | hide - Australian Legislative Framework - Federal Internet Gambling Legislation
- Australian Legislative Framework - State and Territory Internet Gambling Legislation
- Wagering
- Betting Exchanges
- Other Issues
- Conclusion
- Where from Here?
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Chapter 26 - New ZealandRick Smith Providing iGaming in New Zealand is prohibited except for limited interactive gambling on racing and sporting events provided by two monopolies. Subsections: view | hide - Gambling Act 2003 History
- Gaming Reform in New Zealand
- The New Zealand Racing Board
- The Racing Act 2003
- New Zealand Lotteries Commission
- Prior to the Gambling Act 2003
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Chapter 27 - Latin AmericaNour Dean Anakar The expansion of online server-based gaming, mobile wagering and electronic video gaming operations is leading the growth of betting and gaming revenues throughout Latin America. Subsections: view | hide - Mexico
- Argentina
- Chile
- Uruguay
- Brazil
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Chapter 28 - Challenges for Internet GamblingAnthony Cabot In many ways, iGaming faces the same obstacles as other Internet markets, but in other ways, iGaming is confronted with unique challenges created by its pariah status. Subsections: view | hide - The Challenges Facing Electronic Transfer of Funds
- Fund Transfer Systems
- Internet Gambling Must Be Secure from Hackers
- Internet Gambling Must Overcome Integrity Issues
- Internet Gambling Faces an Uncertain Legal Future
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Chapter 29 - Privacy and Personal InformationScott Coulthart Online business owners must be able to provide a certain level of security and data integrity to their customers and give them a certain level of comfort that these and other risks have been addressed. Subsections: view | hide - Overview
- Regulation of Handling or Personal Information
- Where from here?
- Schedule - National Privacy Principles (Australia)
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Chapter 30 - IP ConsiderationsScott Coulthart It is useful to know what intellectual property is, so that you can identify in your iGaming business what intellectual property you might hold and what might be worth protecting. Subsections: view | hide - What Is Intellectual Property?
- Copyrights
- Patents and Inventions
- Trademarks/Logos
- Where from Here?
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Chapter 31 - Data SharingAndre Edelbrock One of the biggest issues affecting businesses operating in the customer-not-present environment is fraud. Subsections: view | hide - Why is Data Sharing Important?
- The Benefits of Data Sharing
- Where from Here?
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Chapter 33 - Prohibitory ChallengesAnthony Cabot Illegal gambling is often included in discussions of Internet crime, but for very significant reasons it is different in nature from other Internet crimes. Subsections: view | hide - Policing Operators
- Policing Home Users
- Policing Internet Service Providers
- Policing Index Providers and Advertisers
- Policing Financial Transaction Providers
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Chapter 34 - Regulatory ChallengesAnthony Cabot Regulation can succeed where prohibition fails because most suitable iGaming operators will submit to reasonable regulation to achieve the credibility that is ultimately crucial to their success. Subsections: view | hide - What Are the Goals of Effective Regulation?
- What Are the Important Legislative Functions?
- What Are the Elements of an Effective Regulatory System?
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Chapter 35 - The New Playing FieldMartin Owens Internet gaming’s days of operating in an essentially overlooked niche are drawing to a close: iGaming has simply become too big to hide and too lucrative to ignore. Subsections: view | hide - The Techno-Legal Loop
- The Phenomenon of Digital Convergence
- Gambling and Convergence - All Games the Same?
- Convergence and Hybridization
- Policies and Technologies
- Inter-Effects of Legalization and Regulation - A Look at Future Scenarios
- Future Policy Considerations: Net Neutrality and the Open Internet
- The Google Auction and Phone Browsers - Fortunate Prospects for the Future
- Where from Here?
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