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These may seem fairly innocuous suggestions, but according to the U.S. Justice Department, similar views published online, in newspapers and in magazines may be classified as a felony. State prosecutors agree that assisting American fans of online betting or online gambling find online sites catering for their favorite pastimes constitutes the aiding and abetting of illegal gambling. The crime is punishable by up to two years in prison.
In 2005, a communication from the office of Deputy Assistant Attorney General John G. Malcolm was circulated to media groups advising that members could be breaking the law by running advertisements for online gambling sites. Similarly, the U.S. attorney for the Eastern District of Missouri, Raymond W. Gruender, was responsible for setting up a St Louis jury tasked with issuing subpoenas to online betting firms and casino firms.
The crackdown has already yielded results. Online casino advertising has been abandoned by several major media firms, among them Viacom Outdoor, Infinity Broadcasting, Discovery Networks, and Clear Channel Communications. In April, search engines Yahoo and Google followed the trend, advising that a lack of clarity made running gambling ads on behalf of online betting firms “too risky” The stance of the U.S. Justice Department is that online gambling is illegal under the 1961 Wire Act, regardless of where the site is located. However, an inability to prosecute online casino firms based in other countries has prevented a more widespread crackdown. Even though placing a bet at an online betting site is not technically illegal depending upon where the gambling fan is located, the Justice Department is determined to follow up on “aiding and abetting” charges imposed upon any business dealing with online betting sites and online casinos. These include not just advertising and media firms but also telecommunications firms, internet service providers and banks.
However, for those gambling fans eager to see attempts at censorship flouted, a new UK-based firm, AskWinner.com, has announced that it intends to offer a pay-per-visitor advertising solution which would allow online betting agencies and online casinos advertise their services freely.