Prohibition, touted as “The Noble Experiment” in its time, criminalized the manufacturing, transportation, and sale of alcohol. While the law did many things, there was one thing it could not accomplish. It could not stop Americans from drinking. As our country approaches the 76th anniversary of the repeal of Prohibition, it’s time to look back and see how it impacts policymaking today.
Some wish for America to try a new prohibition – with Internet poker the target of misguided efforts. Laws like the Unlawful Internet Gambling Enforcement Act (UIGEA) have made Americans less free in their own homes, but have not stopped Americans from playing poker. Like Prohibition, however, the policies of this prohibition are fundamentally flawed and pose a threat to safety.
Prohibition advocates of the early twentieth century sought to eliminate what they believed to be a negative attribute of society. However, regardless of one’s view on alcohol consumption or Internet poker, it is undeniable that Americans will seek out ways to continue proscribed activities. It is unrealistic to expect otherwise. As a nation founded on liberty, it’s in our DNA.
Prohibition demonstrated the detrimental effects bans can have. Hazardous forms of alcohol were ingested, jails became overrun, and dangerous entities like organized crime became involved in transactions. The rigid UIGEA requirements could foster a similar environment in the realm of gaming. In addition, this prohibition would do nothing to protect those who are most vulnerable – underage participants and those with excessive gaming habits. Today’s Internet poker players are a diverse, ever-expanding body from all walks of life. Overindulgence is an unfortunate reality for a small subset of the gaming world, yet this tendency can be seen in areas all across society. To single out Internet poker is an affront to consumer interest and ignores sensible solutions that can be met through technology and oversight.
Earlier this week, Wired Safety, a leading non-profit organization dedicated to Internet safety, released a study by Professor Malcolm K. Sparrow of Harvard University showing that licensing and regulating online poker is the most effective way to protect underage participants and those with excessive gaming habits. Without the ability to license and regulate, there is simply no way for government to enforce laws and provide active oversight over an industry that will exist, with or without their approval.
If a lesson can be learned from the repeal of Prohibition in 1933 and the subsequent years of effective regulation, it is that there is ample room for compromise. The United States owes it to its citizens not to provide a system that does more harm than good by forcing industries underground. The country also owes it to itself to capitalize on this opportunity for billions of dollars in revenue, especially in the current economic climate.
Bills recently introduced into both the House (H.R. 2267, the Internet Gambling Regulation, Consumer Protection and Enforcement Act) and the Senate (S. 1597, the Internet Poker and Games of Skill Regulation, Consumer Protection, and Enforcement Act) echo the public voice in enacting responsible licensing of Internet poker that promotes transparency, accountability and protection above all else. History must not repeat itself, and there is no time more advantageous for new precedents to be set than the present.