Yes he should put people like you with a history of fear-*****ring and innuedo on the payroll, yeah right. What facts have I given that have been wrong? What do I say that is so lacking in reasoning? And why haven't you bothered to send me the info for this lawyer of yours after I put my email address up? I was more than willing to talk to this guy and see what he says. I will report what he says and if he makes arguments that somehow are justifiable despite the fact that there are no laws against this then I will post those or write an article about them.
Lou and for the others out there, what I post about the Kyl law and what the legal status of this form of gaming are purely that given to me by people with more expertise and information than I have. I have heard the legal status of internet gaming as we speak and I have also heard some theories on how a court and jury would interpret these things. I am not a lawyer nor do I represent myself to be one, I am just repeating the positions taken by some lawyers that have worked on gaming cases before.
I state these things because I believe in letting people make their own decisions on this. If some business or person is afraid of the risks involved then I say by all means steer clear of this. What I don't do is spread falsehoods and people that come on here and make blanket statements saying playing offshore is illegal end of discussion are wrong, plain and simple. My argument is based on the law itself. Lou, your argument is based on what an attorney told you and what he believed could happen. If you want to follow his advice and avoid trouble, then by all means do so and tell us that. What you have done, though, is tried to imply a law out of something that is merely an opinion. Its not legally true and the Shrink is right, advertising is not illegal. If Ken was receiving a percentage of books income, yes that would be illegal, but to merely give them a place to advertise their services is not.
Doesn't a Supreme Court decision that directly addressed this issue of a legal gaming company advertising to another jursidiction where it wasn't legal mean enough? I mean its pretty clear cut, the court could change their minds in the future, but for now what they said is case law and almost every judge in the country will follow their interpretation. A gaming company that is legally operating in its locations (meaning it isn't operating a sales office or other significant operation in the US or a jurisdiction where its illegal) is free to advertise its product anywhere it chooses. Now if that activity is undertaken in an illegal manner is something that the books and the player solely are responsible for. The courts would clearly say a player in Dallas that sees an ad for Horseshoe in Shreveport can't use that ad as a justification for betting in an underground casino in Dallas. Its the same theory here, the player has to make a judgement as to if his activity is legal and the books are held accountable for the same. The player cannot go and say "hey I heard an ad for it so I assumed it was legal from my house and I blame the place that ran the ad for it". It just won't work.
As for TV ads, they do exist but not during games. TV and radio stations don't have limits on what they can offer for ads, but if that violates the terms of their contract or pisses off the product they are airing they could lose that business. As I said, even if drugs were expressly legal in another country, can you imagine the backlash if a station showed ads for them? There is no big backlash against gaming, some congresspeople would like you to believe it but its just not true. Few people care if its advertised or not. For this reason stations can show it and I have seen TV stations show these ads in conjunction with the shows of sports touts. Just don't expect it to be on an NFL or NCAA broadcast because those organizations would quickly void their contract for breach of contract. The law allows for these ads, but it also doesn't guarantee that they can put them on whenever and wherever they choose.