"What's at stake here is the right of individual Americans to do what they want in the privacy of their homes without the intrusion of the government," Duke said. "This country was among the first to embrace the idea that there should be distinct limits on the ability of the government to control or direct the private affairs of its citizens."
In addition to the controversy over the IGEA, the committee took testimony on the ongoing trade dispute between the U.S. and the World Trade Organization over online gaming.
The WTO has issued rulings saying the United States has violated WTO treaties, and several countries want to penalize the United States. Some have demanded damages for revenue losses due to the ban. They say it favors certain U.S. companies which operate legal casinos in certain areas, including Las Vegas.
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Bad Legislation
Joseph Weiler, of New York University's Hauser Global Law School, said the U.S. was inconsistent in its legislation."The U.S. bans online gambling offered by overseas operators even though it made treaty commitments to allow it and even though it allows online wagering domestically, including horse racing," he said. "We should bring our law and conduct into compliance with our international legal obligations. Our country is the trendsetter and leader in so many international arenas. Whether we like it or not, we lead by example."
Weiler pointed to the federal government's pursuit of London-based BetOnSports. He said U.S. leaders should consider a potential situation where the Chinese government, a key trade partner, would harass "an American businessman for engaging in commerce banned in China after signing treaties that guaranteed Americans' rights to conduct such commerce."
Michael Colopy, a senior VP at Aristotle, a company that provides of verification services for child protection online, said technology can combat compulsive and even underage gambling, something that is said to worry American legislators. "Online age and ID verification has matured as a needed solution such that any merchant may do online [and] what is routinely done at stores every day across America," Colopy said. "In fact, as ever more efficient technologies and databases have been developed, online transactions have become in many instances faster and less risky than the visual driver's license scans that suffice for alcohol or cigarette purchases in America's neighborhood convenience stores, restaurants, and bars."
Reps. Shelley Berkley (D-Nev.) and Barney Frank (D-Mass.) showed support for lifting the ban with restrictions to prevent compulsive and underage gambling, while Rep. Robert Wexler (R-Fla.) wants to exempt online poker and games of skill from the prohibition.
Berkley said the laws are confusing and haven't stopped 10 million Americans from wagering online.
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