The new anti-gambling legislation awaiting the President’s signature, illustrates the dichotomy between the legislative power of telecommunication companies, and that of the hosting and ISP communities. Under the Unlawful Internet Gambling Enforcement Act, law enforcement agencies can simply inform entities “subject to the jurisdiction of the FCC” that they are providing services to internet gambling operations, and initiate compliance activities that way. For hosts and other entities classified as “interactive computer service” providers, law enforcement entities must go before a judge. Because of the need to go before a judge, law enforcement officials will have a harder time dealing with hosts, and will likely try to find other methods to get results. This may result in less clarity for hosts who will have to figure out whether or not they should comply with these requests. This law shows, in a small way, that what goes on on the Hill can have a direct impact on hosts.
About David Snead
David Snead is a lawyer whose practice is focused on internet infrastructure providers. In his eleven years in this practice, he has represented clients including multinationals, middle tier hosting companies, and two guys, a server, a T-1 and a huge MasterCard balance.
A long-time WHIR contributor, David Snead is the Web hosting business's best-known legal expert. Through his WHIR blog, he offers a credible legal perspective on both specific actions in the Web hosting business and general developments in legislation.
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