Gambling on compliance with the new 2005 Act: Do organisations fulfil new regulations?

Gambling is not a new phenomenon. Indeed gambling has been seen to be omnipresent throughout history and culture. However gambling has taken a new path. Online gambling is fast becoming a major pastime for many of society. The ease of access and convenience of play has led to an increase in the numbers of people gambling, and not just online. Within the increase of online gambling there has also been an increase in the regulation surrounding this industry. This paper explores the regulatory approach to online gambling within the UK. The researchers explore the Gambling Act 2005 (UK) and provide an empirical analysis of the UK major gambling organisation to determine what regulatory aspects they adopt and what safety measures they have in place to protect minors and to protect against financial crime. The researchers finally looks at policy implications for UK governments when regulating future online gambling.     

论赌博罪的完善——法经济学的视角

我国刑法已明确地将赌博作为一种犯罪进行处罚.但由于我国法律没有很好地考虑刑罚的效率性和经济性,在赌博犯罪立法上还存在着一定的缺陷和漏洞.通过法经济学方法,对赌博犯罪立法的正当性和效率性进行分析,提出完善我国赌博犯罪立法的建议.     

South African regulation of online casinos licensed in a foreign jurisdiction

Advances in technology brought about new popular gambling activities such as online gambling (sometimes called trans-border e-gaming) in South Africa and abroad, demand new regulatory structures since the current laws on gambling do not have provisions for online gambling. This article addresses the legality of engaging in online gambling within the South African borders by casino operators who are licensed in a foreign jurisdiction, giving rise to the issue of determining the place where the act of gambling takes place between a player who is in South Africa while engaging on the Internet with a server in another country. Although this article deals with the South African perspective, realizing that South Africa is a developing country and the law relating to the Internet might be behind, a reference to the online gambling law of United States (US) is made to showcase a need for attention to regulate online gambling in both developing and developed countries.     

Online penny auctions and the protection of the consumer under EU law

This paper examines online penny auctions, which currently attract consumer traffic but pose consumer risks also. It discusses pressing questions such as whether they are scams, entertainment shopping or gambling. It shows that though they cannot readily be considered as scams, they are suspiciously risky for consumers. Moreover, contrary to what penny auctioneers suggest, they do not allow for consumer shopping. They also share several characteristics with gambling and therefore, the possibility of legally classifying them as such is worth exploring. If they are not gambling, consumer protection legislation is fully applicable to them and can satisfactorily protect penny consumers. If penny auctions are legally classified as gambling however, protection will greatly be enhanced; they will (additionally) be subjected to strict and detailed gambling laws at least in the UK, where a mature gambling regulatory regime exists. Certain disadvantages of labeling penny auctions as gambling can relatively easily be remedied through suitably adjusting gambling laws. The paper concludes by suggesting possible approaches of legal regulation of this new online phenomenon.     

网络赌博案件的侦查取证模式研究

随着互联网技术的发展，各类网络犯罪案件日益增多，尤其是网络赌博犯罪日渐猖獗。由于网络赌博犯罪具有空间跨度大、犯罪成本低、隐蔽性强和赌资流动性大等特点，这对侦查机关提出了挑战。笔者从网络赌博犯罪的特点入手、在分析网络赌博犯罪的侦查难点的基础上，提出了针对此类案件的侦查取证模式。基于此模式，侦查人员通过相关性、功能性和时间性等三方面的调查分析，进行网络赌博案件的侦查取证工作。     

The Gambling Act 2005: Regulatory Containment and Market Control

The Act marks a fundamental shift from legislative to market control of gambling. While plans for Las Vegas style casinos and internet gambling sites in Britain have suffered setbacks, restrictions on the availability, advertising and stimulation of demand for gambling, enshrined in the Gaming Act 1968, have been abandoned. In their place, a new regulatory body, the Gambling Commission, has been established to take primary responsibility for ensuring that three licensing objectives are promoted. These objectives are the prevention of crime and disorder, the conduct of gambling in a fair and open way and the protection of children and the vulnerable. The Commission has been given strong and wide ranging powers to regulate gambling, but can the safeguards proposed meet the challenge presented by a gambling industry released from restraints?     

Associations between national gambling policies and disordered gambling prevalence rates within Europe

Policymakers and other interested stakeholders currently are seeking information about the comparative effectiveness of different regulatory approaches to minimising gambling-related harm. This study responds to this research gap by exploring associations between gambling policies and disordered gambling prevalence rates. We gathered information about gambling policies for thirty European jurisdictions and past-year prevalence rates for disordered gambling for twelve of these jurisdictions. We present policy trends and prevalence rates and then describe the level of association between policy and prevalence. We observe one statistically significant association between policy and prevalence: rates of sub-clinical (i.e., Level 2) disordered gambling were higher within environments that mandated less strict regulation of advertising for online gambling. Finally, we discuss the implications of our research in the context of the current process regarding the pan-European regulation of gambling. Our findings do not offer evidence for certain assumptions made in the past by the European judiciary.     

The Internet gambling conundrum: Extraterritorial impacts of U.S. laws on Internet businesses

Internet gambling is a significant commercial activity that has been successfully adapted to the online environment. The geographical transcendence of the Internet presents challenges for government regulation, which varies considerably. U.S. patrons have historically provided a significant portion of the Internet gaming market, despite a dubious legal status. The Unlawful Internet Gambling Enforcement Act (UIGEA) enacted in October 2006 clarifies the legal status otherwise imposed by state law by prescribing felony criminal status to the Act of receiving an Internet wager from a jurisdiction where such wagering is illegal. This article provides an analysis of the UIGEA and its effects on Internet gambling firms, as well as related businesses. Despite targeting gambling firms, this legislation may also assist in the prosecution of other firms through aiding and abetting liability. UIGEA also targets financial services providers, requiring additional safeguards to stop unlawful transactions destined for Internet gaming sites. Financial markets suggest that this legislation has reduced Internet gambling in publicly traded firms. However, the bill may also have the effect of enhancing investment capital flows for online gambling firms, due to clarification of the legal status for firms who are not targeting U.S. residents in violation of UIGEA. The ultimate result may depend on whether other nations follow suit in targeting extraterritorial business with domestic gambling patrons.     

体育赌博犯罪研究

体育赌博犯罪是以体育比赛的结果论输赢,从而决定财物得失的特殊赌博犯罪。犯罪组织是层级代理的＂金字塔形＂结构,依靠网络等科技手段较隐蔽。我国体育赌博犯罪具有深刻的社会转型与体育改制等背景。体育赌博犯罪具有全球化、集团化、智能化、多样化和巨额化等特征。其危害性除了败坏社会风气、增加社会不稳定因素和危害金融安全,还破坏了体育公平竞争原则、造成体育竞技水平下降和冲击体育彩票事业。     

A Randomized Clinical Trial Exploring Gambling Attitudes,Barriers to Treatment,and Efficacy of a Brief Motivational Intervention Among Ex-Offenders with Disordered Gambling

Correctional populations are disproportionately burdened by disordered gambling; yet, problem awareness is minimal among both offenders and professionals within the criminal justice system. The aims of the current study were twofold: (i) to examine gambling attitudes and problem awareness among ex-offenders, and (ii) to determine the efficacy of a brief online gambling intervention for ex-offenders. Participants (N = 126) were ex-offenders on probation and parole. Gambling attitudes, attitudes toward treatment, and disorder gambling status were assessed. Disordered gamblers (n = 102) were randomly assigned to (i) a brief intervention plus referral to treatment or (ii) referral to treatment only, and these individuals were re-assessed at a 30-day follow-up. Lifetime disordered gambling was highly prevalent (86%) in the ex-offender sample, and providing information regarding disordered gambler status and referral to treatment was effective in decreasing gambling attitudes, as well as gambling severity and frequency. The current study has direct implications for treatment and intervention efforts among ex-offenders with disordered gambling and yields a greater understanding of attitudes toward gambling among ex-offenders.     

Internet gambling: Community flop or the Texas Hold'em poker rules1

Transformed by technology, the virtualisation of gambling has prompted administrations around the world to respond swiftly to the challenges posed by the new way of carrying out an age-old practice. However, approaches to regulation differ. Within the USA online gambling is prohibited by the Unlawful Internet Gambling Enforcement Act 31 U.S.C. 5361-5367 (enacted in the USA in October 2006). This has been played out by the threats of extradition and arrests of senior executives in Texas and ultimately imprisonment for criminal infringements in among other places Las Vegas. By contrast the UK has implemented a regulatory regime through the Gambling Act 2005. The European Community has provided a regime somewhere between the two following recent European Court of Justice decisions (Plancanica 2 CMLR 25) finding against Member States operating state monopolies preventing the establishment of private providers in this specific sphere of commercial activity, contrary to Article 43TEC (right of establishment) and Article 49TEC (the right to provide services, this will of course also have the corollary of the right to receive services). The appropriateness of these responses leads the commentators back towards embryonic Internet governance discussions on cyber-paternalism and cyber-liberalism with online gambling as the case study.     

The Relationship Between Gambling Severity and Risk of Criminal Recidivism

Individuals involved with the criminal justice system have the highest prevalence of gambling disorder. Yet, this is an understudied area, especially in relation to postrelease functioning and recidivism risk. Participants (N = 100) were recruited from a local nonprofit organization and a federal probation office. Participants completed both self‐report and interviewer‐administered questionnaires assessing past‐year and lifetime gambling behaviors and problems, legal history, health, and risk of recidivism. Past‐year (8%) and lifetime (18%) rates of gambling disorder among the current sample are significantly greater than those of the general population and similar to rates found in incarcerated populations. Furthermore, 13% of individuals reported a direct relationship between their gambling and crime, and analyses revealed that increased gambling severity was a significant predictor of increased recidivism risk. Results suggest the need for screening and intervention efforts and call for policy reform among incarcerated and ex‐offender populations.     

论我国禁赌斗争的长期性和艰巨性

历史与现实表明,全世界赌博从来未曾禁绝过,成为一种经久不衰的社会历史现象。在经济飞速发展、科技突飞猛进、法制日渐完备的今天,赌博仍是社会的一处独具“魅力”的风景线,城乡赌风日盛,屡禁不止,已成为一大社会公害,禁赌任务十分繁重。之所以如此,与赌博自身的本质特性分不开,也与复杂的历史和现实原因密切相关。因此,禁赌斗争必然是一场攻坚战、持久战。     

Regulating behaviours on the European Union internet,the case of spam versus cookies

This article examines the soft-law politics of regulating behaviours on the internet in the European Union (EU) context. It shows the struggles behind internet standards, and delegation of power to commercial actors, while looking at spam and web-cookies as a case study. This article argues that by creating a false division between private and public spaces on the internet, it was possible to legitimize certain practices over others, despite being similar. In this way, spam was categorized as unsolicited communication associated with private space, whereas web-cookies were categorized as wanted communication in public space. By influencing and lobbying EU legislation and Internet Engineering Task Force (IETF) technical standards, the advertising industry and tech companies simultaneously authorize and institutionalize their own practices and illegalize people’s ‘problematic’ behaviour and other advertising companies. In this way, EU legislation and internet standards create a naturalized discourse that institutionalizes the roles of different actors in the online market, while emphasizing the central role of commercial actors in creating, defining, managing and enforcing the online market. Thus, spam operates as a regulatory tool applied to any type of behaviour that can interfere with the functioning of the EU e-commerce.     

Does devolution make a difference? Legislative output and policy divergence in Scotland

Devolution provides large scope for Scotland to make its own policy. Primary legislation is one measure of this. Scottish legislation before devolution tended to replicate measures for the rest of the United Kingdom, with differences of style. Scottish legislation in the first four-year term of the Parliament shows a big increase in output. There is an autonomous sphere, in which Scotland has gone its own way without reference to the rest of the UK. In other areas, there is evidence of joint or parallel policy-making, with Scottish legislation meeting the same goals by different means. Finally there is a sphere in which Scottish legislation is essentially the same as that in England and Wales. Sewel motions have not been used to impose policy uniformity on Scotland. There is evidence that devolution has shifted influence both vertically, between the UK and Scottish levels, and horizontally, within a Scottish legislative system that has been opened up.     

宽严相济刑事政策应回归为司法政策

宽严相济刑事政策在最初提出时具有明显的司法性特征,但随着实践中从司法理解向立法思路的拓展,该政策完成了向"基本刑事政策"的转变。然而,这种扩张解释没有经过系统论证,也不具有全面充分的理由。宽严相济可以在古代的"宽猛相济"中追溯渊源,其中的"宽"就是以对猛政纠偏的面目出现的。当代宽严相济刑事政策的提出,既是对中国法制传统的弘扬,更是对以前过度强调"严打"的纠正。立法的特点及基本品质表明,宽严相济刑事政策不可能直接表现为立法政策;认为该政策涵括了立法政策,会导致以下逻辑困境:无法正确处理和惩办与宽大相结合政策之间的关系;可能导致重复评价或政策的虚无化;立法有自身的品质要求,其缘由是复杂的,并非宽严相济所能涵盖;如果旧的法律规范已经被新法修改,势必不存在所谓"相济"问题。宽严相济刑事政策应回归为司法政策。     

试析网络时代下的隐私权保护

随着互联网的高速发展,个人隐私在网络空间的安全性受到了挑战,网络隐私权的保护问题日益凸显。本文在对网络隐私权的基本理论进行分析的基础上,结合我国隐私权和网络隐私权的立法现状及存在的问题,借鉴了以美国和欧盟为代表的两大网络隐私权的立法模式,提出了构建我国网络隐私权保护体系的相关对策和建议。     

网络赌博犯罪相关问题研究

网络赌博行为应区分情况分别按照开设赌场罪和赌博罪处理,其犯罪的主体应包括单位。为科学有效地收集网络赌博犯罪的电子证据,在侦查阶段应将电子证据转化为书证、视听资料、勘验检查笔录、鉴定结论等四种形式。     

Cyber-squatting: Legal implications and judicial approaches – An Indian perspective

The present legal framework in India fails to keep in pace with the inexorable advancement of the online world. Technological advancement is inevitably faster in comparison to the response of the legal framework, but the latter needs to continuously review and adapt itself in order to provide a suitable regulatory regime. In India, the Information Technology Act 2000 is the product of such review and seeks to provide a modernized regulatory framework for e-commerce with necessary safeguards. However, there are certain loose ends that have not been adequately dealt with by the Act. The contention is that, in the present era of information and communications technology, domain names have become valuable business assets and a Trade mark in the internet world. Despite the amendment to the Information Technology Act 2000, these changes have been silent on the issue of cyber-squatting. The Judiciary has been trying to tackle this issue in the light of the Trade marks Act 1999 but this approach fails to address certain issues. This paper will highlight the issues that need attention at this time and the further legislative action that is required.     

地方立法立项机制的历史考察及其启示

地方立法立项机制就是指立法建议项目由有关主体提议产生,经享有立法规划(计划)编制权的主体在协调有关各方的基础上,结合本地实际情况博弈论证后,决定其是否列入地方立法规划(计划)的带有规律性的运行模式。它具有立项主体的特定性、立项过程的协调性、立项实施的指导性三个特征;其发展可以划分为五个发展阶段。地方立法立项机制今后还将长期存在,我们可以从十个方面进一步对其进行完善。