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Hi,
Are there any other Canadian affiliates here, that are worried about being prosecuted for promoting gambling online?I have been reading some pages on the legality of what we do, and it has me worried. Here are a few of the pages I was looking at.
http://www.eljlaw.com/pub_internet_gaming.html
http://www.eljlaw.com/pub_first_nations_gaming.html
http://www.eljlaw.com/publications.html
http://www.heydary.com/publications/lawyers/canada/gaming_lawyers_canada.html
http://www.gaminglawmasters.com/jurisdictions/canada/inet_canada.htmlI am starting to worry about becoming a “Starnet” case.
I am a little guy and can’t afford to spend tens of thousands on scumbag lawyers to defend myself if they decide to go after me.Any thoughts, anyone else worried about this?
Smokey
Hey, I am also from Canada. I don’t have an answer for you, but would like to hear one.
I was under the assumption that doing this was not illegal. I am currently taking Criminology in university and when I am done I want to be a police officer, so if this is in anyway illegal then I will have stop. I was taking a look through my criminal code and took a look at the articles in your post but it doesn’t specifically mention anything about casino affiliate programs and, atleast not that I noticed. I believe in one of the articles it said something about advertising, so I guess that would fall into what we are doing.
So if anyone has an answer to this it would be great to hear it!Thanks.
HI Tyler,
I interpreted some of the info above to also mean promoting,& publishing of gambling.I was an investigator for 12 years and even though I am no longer, I wouldn’t want to jeopardize my ability to return to the field, if I wanted to.
I know the Kanawake Indian reserve well, (grew up very close to it) and the natives assert they have their own laws. And are very willing to take a hard stand (sometimes violent) to support their positions.
Believe it or not, the Quebec provincial police are affraid to go on the reserve and RCMP are as well. The risk of starting another “Oka” incident is too great.What I am getting at, is that the Natives may go unpunished, because of their questionable legal position and the intimidation factor, but without the protection of a reserve or Band, we may be much more vulnerable to prosecution.
Just a quick note. I am from Manitoba, before I started my venture I enquired about the legalities of this issue.
Here’s the distinction, you are not promoting Online Gambling But rather offering information about the topic.
I knew this distinction was important. I was not satisfied so I contacted a few people. One good friend of mine and lawyer he told me there is no problem with it,
Three more lawyers all agreed.I was still a little unsure so I contacted the Manitoba Gaming Commission, their response was the same, no problem.
Combine that with the fact you are offering information on the world wide net, I find highly unlikely you would be prosecuted for anything. The distinction here is do you promote or do you inform?
The precedent to a certain degree has already been set if I ever end up in court. My home page is from a large company located in Manitoba. A couple of months back they were advertising poker tournaments being held in Regina. There are plenty more examples. What my homepage did was promote.
greek39 wrote:Here’s the distinction, you are not promoting Online Gambling But rather offering information about the topic.The distinction here is do you promote or do you inform?
My home page is from a large company located in Manitoba. A couple of months back they were advertising poker tournaments being held in Regina. There are plenty more examples. What my homepage did was promote.
HI Greek
Offering info is one thing, but the fact that you link to casinos for profit is the problem, you are obviously promoting.From this link above
http://www.eljlaw.com/pub_internet_gaming.html
» advertise, print, publish or otherwise give notice of any offer, invitation or inducement to bet on the result of a contest;As far as what your home page or anyone else does at this point in time, doesn’t mean it is legal or that you will not be prosecuted in the future.
grrrr
i have to remove three of my (less important) sites before wednesday,
our governement=justitie ordered me,,,,:cuss: :flush:
This was a big issue for me getting into this industry. I’m not employed in criminal justice, nor do I plan too be, I just wanted to make sure that I wasn’t doing anything illegal. It seems pretty much agreed by US affiliates that advertising or promoting gambling sites is not expressly illegal. You can look at all of the television and magazine advertising that the poker rooms do for proof of that stance.
However, the DOJ stance is that it “might” be illegal, and have been on a fear campaign to keep companies like Visa, Mastercard, Google, Yahoo, Clear Channel, Esquire and others from dealing with online gambling sites. The US Congress has failed a couple of times to pass a prohibition on online gambling in the US, and Casino City asked for a judgement on wether the activity was legal or illegal in a court of law. The DOJ ignored the request for this ruling. So, it’s still gray area as to wether it is even illegal for US citizens to gamble online or not.
While this isn’t information pertaining specifically to Canada, maybe some of it helps. Don’t really know the legal differences between the US and Canada.
That said, if I were pursing a career in criminal justice, I would probably not risk it, even though I don’t think you would ever really have an issue.
I visited the link and gave a scan reading on the subject. It has more to with Online Gambling being illegal in Canada. Now we all know online gambling is indeed illegal in Yhe U.S and Canada. But I have yet see to one person prosecuted for participating in online gambling in either country.
There is no doubt this lies in Jurisprudence, the gray area of law. But the aricle metions something I find interesting:
“The most relevant “connecting factors” relevant to an Internet activity were held to be “the location of the content provider, the end user and the intermediaries, in particular the host server.” Also, the purpose of the legislation will be considered. Since the purpose of copyright legislation was protecting copyright “in the Canadian market,” the location of the end users of the Internet activity was held to be the most important single factor: Are they part of the Canadian market”
It would appear although you live in Canada and own a Online Gambling information site, it would depend where this site is being served. I asked my server provider if they where sure this was legal? the answer was “yes”. My content of my site is not delivered by any Canadian servers.
Another example would be I own a real Online Casino the software package was bought in Canada, B.C. The also offered to serve the sight site. I said “sure” is it legal? yes it is because the site is being delivered outside of North America.
As far as having direct Online Gambling links on your site this I would consider to be legal. These adds that you a placing are sovereign from you site, which I hope you clearly explain in your disclaimer.
Another point would be whose in charge of the internet. What body of Law can actually apply to the internet. One country may ban say “kiddie porn” and legally prosecute if it found out the individual is loacated in Canada and so is the server provider. In this case there would be trouble. “kiddie porn” is probably the most disgusting thing but its on the net.
Finally, in regards to participating in Online Gambling in North America most of us have done it. The Canadian Governmemnt would have a difficult time prosecuting anyone for this. What happens in the privacy of your own home does not lie in the public domain. To regulate What I decide to do on the internet would violate my constitutional rights. These rights my be taken away if it involves something that affects the general public. For example people grow-opps, growing pot in your home then taking it outside your home to sell lies in the public domain.
The issue is still a little gray, I admitt. But I am confident if I were ever prosecuted it would not be a easy case for the Government of Canada.
greek39
Interesting discussion subject for me as a Canadian. I am also worried about the fact that affiliate gambling is in the gray area of the law. Still, I think that Canadian authorities need more clearly stated regulation specifically on the topic of online gambling before they will start taking measures against us.
I thought about another thing. How do you guys claim your gambling affiliate earnings in your income tax documents? Especially if it is not just a side business but the main source of your income? I suppose one can mask it as “information providing services” or “advertising”. What would happen in case of an audit? I will be claiming my affiliate income as a registered corporation earnings. I know that corporate entities are subject of more thoroughful scrutiny and more often audit inspections in Canada. That is a matter of concern for me.
elgoog wrote:grrrr
i have to remove three of my (less important) sites before wednesday,
our governement=justitie ordered me,,,,:cuss: :flush:
I am most surprised over eloog’s situation. Holland probably the most liberal country on the Planet, prostitution legal, illicit drugs legal, euthanansia legal having a online gambling information site illegal? The corner cafe offer joints right off the menu.
Are you sites being served in Holland? I find this very hypocritical
betprize wrote:I thought about another thing. How do you guys claim your gambling affiliate earnings in your income tax documents?I think the answer to that is “Affiliate Marketing”, or you could be more general and just say “Marketing” or “Marketing Services”. BTW, I’m not an accountant, so don’t take this as tax advice. Contact your accountant for proper advice. Phew, all this legal talk, I don’t want to get dinged on this one.
Marketing or education would be how I put it in my taxes. (my accountant knows better than me).
If you are concerned with the legality of it, you might want to considerate incorporating your business (you might want to do this if you are making enough from it anyways).
I don’t think we have anything to worry about after talking to lawyers and accountants, but if you have concerns talk to a lawyer in your area.
I had my lawyer look up any gambling court cases over the last ten years, and feel comfortable being an affiliate.I think all you Canadian’s had better move out …
Or move down under …
:hehe:Based on the rules on that link I have little doubt that most affiliate websites are PROMOTING GAMBLING as soon as you have paying links to CASINO’s or POKER ROOMS.
However, I also agree that I don’t think that the Canadian government will be knocking on your door anytime soon. Especially if you don’t make a big deal of the fact that you’re Canadian on your website.
But it is disquieting … and probably not legal according to those laws …
:huh2:My site is so new I haven’t even considered the tax question. If my content is being served outside Canada I quess that leaves many possible scenerios.
Greek39, you have to be very careful about tax reporting. I would be very surprised if Canada does not have a “ordinarily resident” clause where residents are taxed on earnings outside of Canada.
Most countries do. However, I am an accountant in the UK, so don’t know the local Canadian tax rules.
I got into a tiny bit of trouble about my online earnings, but luckily I know the ins and outs of tax and got myself out of it.
