Minnesota Problems
According to John Morris Minnesota is going to have a tough
time executing its plan to use major Internet service provider to block online
casinos state wide. Morris is the general counsel for the Center for Democracy
and Technology, a digital rights group.
The first major problem that Minnesota will face is the
legal classification of the cable companies and the telecommunications companies
that provide DSL and broadband services. According to a 2005 ruling by the US
Supreme Court, these companies, such as Comcast and Verizon Wireless, are
considered information service providers. Minnesota was banking on a state law
that allows law enforcement to demand that “common carriers” stop transmitting
gambling related content. It seems online casinos were able to dodge that
bullet.
The other problem is that there may not be technology in
extant that can allow Internet service providers to filter out all online
casinos and gambling sites. Morris argues that even if Internet service
providers had the capability, they may not be willing to take the time and
resource to block online casinos all across the state.
“These are national networks, constructed and configured on a
non-state-by-state basis,” explained Morris.
Morris headed up a similar case back in 2003, but this had nothing to do with
online casinos. This time the setting was Pennsylvania and the subject was
child pornography. Pennsylvania passed a law that required Internet service
providers block all sites containing pornographic images of children. The US
district court judge was force to throw out the case because Internet service
providers lacked the technology to enforce the law without also inadvertently
blocking legitimate sites.