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US State Orders ISPs to block Online Gambling Sites

Can Minnesota block online gambling via ISPs?May 4 - Last week we reported how US Congressman Barney Frank is scheduled to introduce a bill this week designed to encourage the legalisation and regulation of online gambling in the United States, but that has not stopped the state of Minnesota from continuing its own personal 'witch hunt' on the popular internet pastime.

Just days ago, Minnesota government officials sent Internet Service Providers (ISPs) in the state a 7-page online gambling 'blacklist',
containing online gambling websites that they must block their clients from accessing. The move has raised technical concerns as well as those regarding the violation of the First Amendment.

Said Minnesota Department of Public Safety official, John Willems, 'We are
putting online gambling website operators as well as online gamblers in Minnesota on notice. It is required upon notice by a law enforcement agency that you do not allow your systems to be used for the transmission of online gambling information.'

Willems continued in a statement, 'Federal law says that a common carrier (ISP)
must discontinue or refuse, the leasing, furnishing, or maintaining of any service if it's being used to transmit online gambling-related information.'

Interestingly, however, both the US Supreme Court and the Federal Communications Commission have stated that
neither cable providers nor DSL providers are considered to be common carriers.

The tactic is similar to that used by the US state of Philadelphia six years ago, where t
he state empowered its attorney general to order ISPs in the state to block access to illegal online gambling sites. Thankfully on that occasion, a federal judge shut down the motion on First Amendment grounds, or the violation thereof.

Supporters of online gambling in the United States are hoping that the same thing will happen with the Minnesota. The technical issue with blocking the Internet Protocol (IP) addresses of online gambling sites, is that
thousands of other non-online gambling sites are also affected as IPs are widely shared.


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