Gaming Guru

IMEGA's chances of success remote

There is a lot of buzz surrounding the Interactive Media Entertainment and Gaming Association's suit to obtain a temporary restraining order to stop the Department of Justice from implementing regulations to enforce the Unlawful Internet Gambling Enforcement Act.

The organization, described as a non-profit "professional association dedicated to the continued growth and innovation of the Internet," will be granted a hearing at the Third Circuit Court in New Jersey on Sept. 4.

The restraining order, however, faces an uphill battle, according to Buffalo State Business Law professor Joseph Kelly.

"It's extremely difficult to set aside an act of Congress on the basis of the commercial speech argument," Kelly said. "And it's even more difficult when instead of just seeking a declaratory judgment you want a temporary restraining order."

Kelly doesn't believe, however, that any harm can come from the iMEGA case.

"Many commentators really believe that this new law doesn't criminalize anything that was not already illegal," Kelly said. "No one has been prosecuted under the UIGEA. I've always felt that the best hope for the industry is to see that Berkley/Porter bill that sets up a federal commission get passed so you can finally come to a determination as to whether you can exclude minors."