This week saw oral arguments being presented by both the Interactive Media Entertainment & Gaming Association and the US Department of Justice on the constitutionality and other legal arguments surrounding the Unlawful Internet Gambling Enforcement Act .
Three judges in the US Third Circuit Court of Appeals sat in Philadelphia on July 7 as legal representatives from both sides argued their cases.
Early reports suggest that the three judges appeared to be focused on the question of where betting takes place, leaning toward the physical presence of the gambler, which could militate against a favourable ruling for iMEGA. However, nothing conclusive has so far emerged, and the judges' decision is still awaited.
A more detailed report on the proceedings can be found at: http://www.law.com/jsp/article.jsp?id=1202432069997
Law professor Stephen A. Saltzburg of George Washington University, argued for the Interactive Media Entertainment & Gaming Association, supported by Attorney Eric M. Bernstein of Warren, N.J., who urged the judges to hold the statute violates the First Amendment and privacy rights of gamblers.
The US Justice Department was represented by attorney Nicholas J. Bagley.