30 passed: iMEGA, US DoJ Await Judge Cooper’s Decision on UIGEA Challenge
27 October 2007
31 days since iMEGA went before Judge Mary L. Cooper in US District Court (3rd District/Trenton, NJ division) to make oral arguments in support of our request for a temporary restraining order versus the Unlawful Internet Gambling Enforcement Act, and to contest the motion to dismiss by the US Dept. of Justice, et al. It was our hope that we would see a decision from Judge Cooper before day’s end.
We do recognize, though, that it is up to the discretion of a Federal judge as to how long they wish to take to render a decision. So, though the court said “30 days”, Judge Cooper can and should take as long as she feels is necessary to provide a fully-considered decision.
Frankly, we feel that it is a good sign that Judge Cooper is taking her time. We believe it confirms iMEGA’s suit is not a “nuisance suit” – one lacking in merit – which would likely have been dismissed immediately.
Also, with the introduction of the draft of UIGEA’s regulations by the Dept. of the Treasury and Federal Reserve since our day in court, there is no indication from the court of how this may weigh on Judge Cooper’s process. Our legal team has been in contact with the US Dept. of Justice attorneys, and both sides have stipulated that the draft regulations be entered into the record.
Obviously, we hope that Judge Cooper will grant our motion today, and set us up for a full evidentiary hearing, so that we may demonstrate that UIGEA is a bad law on two counts:
- It is an egregious violation of Americans’ “digital civil rights”, in that we should enjoy the same freedoms online that we enjoy in the real world.
- UIGEA is functionally a bad law. In an effort to protect minors, gambling addicts, and American players from fraud, UIGEA instead – by removing the banks and credit card companies, along with the safeguards they employ every day – has in fact made those groups more vulnerable.
What is most important to iMEGA is that this law is overturned, so that Americans’ digital civil rights are preserved, and that this bad law does not become a precedent for targeted attacks on other popular Internet entertainment categories.
Americans should and must preserve their right to choose what activities they wish to enjoy online, in the privacy of their homes, in their own free time. Laws have already been proposed that would target other Internet mainstays like social networking, online dating, video games and much more.
Watch here for the decision from the Honorable Judge Cooper. As our resources in Washington say, “The outcome I am sure is going to be an answer that the iMEGA and the rest of the Internet will want to hear. Inside surely is looking good at this point.”
12 September 2007iMEGA Responds, Contests U.S. Department of Justice Dismissal Motion in UIEGA Challenge
iMEGA Responds, Contests U.S. DoJ Dismissal Motion in UIEGA ChallengeAssociation legal team demonstrates our case for standing and potential harm to our members through bad law!In accordance to the deadline set by Judge Mary L. Cooper, today, iMEGA’s legal team filed its brief with the U.S. District Court in New Jersey, Trenton Division, in response to a U.S. Department of Justice motion to dismiss our complaint against the UIGEA (Unlawful Internet Gambling Enforcement Act).The defendants, U.S.Read full article
12 July 2007ONLINE GAMBLING NEWS: iMEGA/ UIGEA has a hearing scheduled for September 4, 2007
As we all wait patiently to see the outcome of iMEGA’s hearing they are going strong. In the state of New Jersey a Federal Judge assigned a hearing date for the lawsuit against US Attorney General, Alberto Gonzales. The lawsuit seeks to have a new online gambling law, as well as the UIGEA overturned. Judge Mary L. Cooper will hear the case. The target of the iMEGA is to ask the court to declare the UIGEA unconstitutional and unenforceable.Read full article
23 September 2007Government Responds to iMEGA’s TRO Request and made the deadline just in time.
Government Responds to iMEGA’s TRO Request and made the deadline just in time. iGaming Law Challenge: Brief by US Attorneys breaks no new ground, denies potential legal jeopardy exists for iMEGA members. Pushing its time right down to the limit, the US Department of Justice, on the behalf of the other two defendants (Federal Trade Commission and Federal Reserve) just made the deadline of Sept. 21st that was set by Hon. Judge Mary L.Read full article