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Federal Wire Act

26 bytes removed, 16:53, 11 February 2020
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<blockquote>''When any common carrier, subject to the jurisdiction of the Federal Communications Commission, is notified in writing by a Federal, State, or local law enforcement agency, acting within its jurisdiction, that any facility furnished by it is being used or will be used for the purpose of transmitting or receiving gambling information in interstate or foreign commerce in violation of Federal, State or local law, it shall discontinue or refuse, the leasing, furnishing, or maintaining of such facility, after reasonable notice to the subscriber, but no damages, penalty or forfeiture, civil or criminal, shall be found against any common carrier for any act done in compliance with any notice received from a law enforcement agency. Nothing in this section shall be deemed to prejudice the right of any person affected thereby to secure an appropriate determination, as otherwise provided by law, in a Federal court or in a State or local tribunal or agency, that such facility should not be discontinued or removed, or should be restored.''<ref name="wireact" /></blockquote>
 
=== 2011: Department of Justice's Formal Legal Opinion ===
<blockquote>''Interstate transmissions of wire communications that do not relate to a sporting event or contest fall outside the reach of the Wire Act. Because the proposed New York and Illinois lottery proposals do not involve wagering on sporting events or contests, the Wire Act does not prohibit them.''<ref> [https://www.justice.gov/sites/default/files/olc/opinions/2011/09/31/state-lotteries-opinion.pdf "MEMORANDUM OPINION FOR THE ASSISTANT ATTORNEY GENERAL, CRIMINAL DIVISION"], ''The United States Department of Justice''. September 20, 2011. Retrieved on 2020-02-11</ref></blockquote>
 
=== 2018: Reversal of Department of Justice's 2011 Legal Opinion ===
In response to the Department of Justice's 2018 legal opinion the New Hampshire Lottery Commission filed a lawsuit with the US District Court of New Hampshire. The Commission requested the 2018 reversal to be vacated as it would cost the state around $90 million annually in education funding. On June 3rd, 2019 Federal Judge Paul Barbadoro ruled in favor of the New Hampshire Lottery Commission, stating that the 1961 Federal Wire Act only pertains to sports betting.<ref> https://www.wmur.com/article/nh-wins-lawsuit-against-federal-government-over-lottery-sales/27703705# "NH wins lawsuit against federeal government over lottery sales"], ''WMUR''. June 3, 2019. Retrieved on 2020-02-11</ref>
== Applications Conclusion ==
The purpose of the Federal Wire Act was exists to prevent illegal gambling wagers businesses from being placed operating across state lines over the telephone. This The law was primarily done put in effect as an effort anti-racketeering measure to prevent organized crime from manipulating games through [[match fixing]]. The Federal Wire Act aimed to punish focuses on those who were taking take bets instead of rather than those who were placing place them.
== References ==
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