Minnesota orders ISPs to blacklist gambling sites

The state of Minnesota has handed Internet providers a 7-page blacklist (PDF) of gambling Web sites that they're supposed to prevent customers from accessing, a move that raises First Amendment and technical concerns.

"We are putting site operators and Minnesota online gamblers on notice and in advance," said John Willems, a Minnesota Department of Public Safety official, in a statement. Companies that received the list of off-limits Web sites--which was made public on Thursday--include AT&T, Comcast, Qwest, and Sprint/Nextel.

The Department of Public Safety's letters to the Internet providers say that "gambling is illegal within Minnesota" and claim that a federal law "requires upon notice by a law enforcement agency that you do not allow your systems to be used for the transmission of gambling information."

Federal law says that a "common carrier" must "discontinue or refuse, the leasing, furnishing, or maintaining" of any service if it's being used to transmit gambling-related information. (The U.S. Supreme Court and the Federal Communications Commission, however, have suggested that neither cable providers nor DSL providers are "common carriers.")

Joe Brennan of the Interactive Media Entertainment and Gaming Association in Washington, D.C. said on Thursday evening that his group just found out about the blacklist and is consulting with First Amendment attorneys to evaluate its options.

Minnesota's move echoes what happened in Pennsylvania about six years ago. The Keystone State enacted a law permitting the state attorney general to deliver orders to Internet providers telling them to block possibly illegal Web sites.

But a federal judge in Philadelphia struck down the law in 2004 on First Amendment grounds, saying: "There is little evidence that the act has reduced the production of child pornography or the child sexual abuse associated with its creation. On the other hand, there is an abundance of evidence that implementation of the Act has resulted in massive suppression of speech protected by the First Amendment."

One reason the law failed to survive the court challenge was because of the way the modern Web is designed. Because many Web sites can share one Internet Protocol (IP) address, blocking the IP address makes the entire list of sites inaccessible. (An expert report prepared for the trial says that out of over 20 million .com, .net, and .org domains, over two-thirds of the sites shared an IP address with at least 50 other Web sites. In many cases, Web sites shared an IP address with thousands of other sites.)

Minnesota's efforts may suffer from the same overbreadth problem. Its blacklist includes GetMinted.com, a gambling site with an IP address listed of 194.36.21.124.

Sharing that IP address is another site called Cashcade--a domain devoted not to a virtual casino, but to a parent company's corporate site, with a product list and hyperlinks to a gambling news Web site that it owns.

[monkeyfun14]

A start of censorship?

[Sausagebiscuit]

Start? The entire world is censored.<br /><br />Fear that which you can not control.

[clynx]

This and data caps, or any restrictions on the net is a censorship violation. Getting on the internet is just like getting in your car and going to Vegas (If that is where the servers are at). If this is the direction of our Governments ideals. we need to set up check points on the highways to question any traveler who is using the road to go to Vegas. We need to wake up to these nonsense restrictions and allow people to be adults.

[OyezOyez]

Thank you, Declan, for drawing attention to this important issue and providing good factual details.<br /><br />I have made an online petition I encourage everyone who cares about free speech to sign and follow-up on here:<br />http://www.petitionspot.com/petitions/minnesotacensorship<br /><br />Keep up the good work,<br />Oyez

[SIGHUP]

I am surprise you did not mention the Kentucky Case where the state attorney order that the registrar release the DNS account of site they deemed as gambling sites in effect taking them off line and putting some of them out of business. It was later reversed.

[creg67]

Welcome to China everyone! I thought I lived in a free society, one that that is free of censorship?! Okay, we have moralities, so guidelines and certain censorships must prevail to maintain any sense of order, but poker???? Let me see if I understand the logic of the Minnesota government.<br /><br />A. It is legal to smoke cigarettes, a known cancer causing, addictive, killer of people. Something that forces our health systems costs to sky rocket. <br />B. Drinking is legal, a known addictive substance, however only if abused will it lead to possible liver or kidney failure.<br />C. Poker is illegal, something that is not a drug, i.e. chemical to the human body. As a matter of fact, unlike A or B the so called addictive aspect of poker, gambling in general, is to a very small percentage of people who have a physiological problem.<br /><br />Okay, there you have it. The brilliant logic of the Minnesota government. They allow two drug addictive items that regardless of ones physical condition, can be made an addict as the drug is that powerful. <br /><br />Okay, I'm pushing it with the alcohol, but at least too much poker does not poison ones liver!! We can change alcohol to coffee, or sugar, diet sodas, the point is man made products include some kind of drug that increases ones desire for the product. Poker is not a DRUG!!! <br /><br />This form of censorship is borderline insanity for a free society, and demonstrates zero forethought. It is instead based on old ideals, and lack of proof. They were brought up in a different era where they were told poker/gambling is bad. What proof do they have? None...there only argument is that a very small percentage of people cannot control themselves. Sheeze, where in society isn't that a fact?!

[mediocrates--2008]

Don't forget the Minnesota state lottery - which isn't at all like that evil, evil scourge of gambling!

[creg67]

That is an excellent point Mediocrates--2008! The Minnesota state lottery is legal, but poker is illegal??!! I don't live in Minnesota, but if I did I would look to run these gov't officials out of town due to their utter stupidity.<br /><br />There is a fine line between governing lives, and running ones life, and I think they crossed it.

[ElectricPotato]

I think you have overlooked the glaring fact that: <br />a) beer and liquor is heavily taxed <br />b) cigarettes are heavily taxed <br />c) the state lotto is also heavily taxed <br />d) gambling over the internet is almost impossible to tax. <br /> <br />Your government can give you any made up reason they want, but the bottom line is ... if you are spending all your money online gambling then your government loses all the tax revenue they would have got if you would have smoked, drinked, ate, shopped, drove or went to a movie with your money.

[berg0011]

We are allowed to gamble in Minnesota. The gambling either has to be state run or Native American run. (ie. hinkley, big bear, .... or go to a Google map with "casino mn" http://maps.google.com/maps?q=casino%20mn ) <br /><br /> So, by the logic of this ill-lead, misinformed article leads me to believe that when I go to the casino next time, I will be arrested? <br /><br />Get your facts right next time before assuming or misreading a fax. The fax said "...wagering knowingly uses a wire communication facility for the transmission in interstate or foreign commerce of bets or wagers ... or for transmission of a wire communication which entitles the recipient to receive money or credits as a result of bets or wagers ..." (pg 14)

[Seaspray0]

@ElectricPotato. Loved the post!

[JonGP3]

lol, forcing ISPs to blacklist won't fix anything, anyone ever heard of a proxy server? People will figure this stuff out and it's back to square one. There is always a way around censorship.

[SEXYDIVERGUY]

Another state that cannot make money on gambling so they will close the sandbox for everyone.<br /><br />I see good money in the proxy server business.

[ac3100]

Who's pushing this agenda? The poker clubs and casinos that have live poker in the state? I have a friend who's living depends on this. Looks like they're moving to Wisconsin which is not far away. Nice work Minnesota. There goes more tax revenue for the state!

[plamormick]

This is an awfully conservative move, clearly orchestrated by someone within the bureaucracy. Minnesota residents I hope will rise up on this, especially the members of the PPA, to quell this bill. Remember, these are the people who put an anti-establishment Independent in the Governor's mansion (Jesse Ventura) and shocked the rest of the country.

[tundraboy]

I'm from Minnesota. Our governor is a Limbaugh Republican who tries to pass himself off as a moderate because he hopes to run for president someday. Unfortunately, (or fortunately!) the urge to regulate people's private lives sometimes becomes so irresistible that he can't help but reveal his true colors. The hypocrisy coming from a state that runs its own gambling operation (lottery and horse racing) is breathtaking.

[biffhenerson]

Just because a person can view a web site doesnt mean that the user is going to use the web site to gamble. For example, they may just be doing research for a news story or simply be curious and want a look. As far as I know, looking at or reading about gambling is not illegal. As long as we are working at stopping potential crimes, lets jail anyone who looks like they might rob someone someday. Lets ban all cars that are capable of speeding. Minnesota is the state where NOTHING is allowed and EVERYTHING is taxed. (Census ranked #5 from the top in taxes per capita.)

[sparrowhyperion]

I really think government, whether local, state or federal, has no right to force grown adults to NOT do something which does not impinge on someone else's rights. They criminalize a lot of things on purely moral grounds. The problem is that No One's personal morals should be forced on someone else. We really aren't as free as people think. And we are slowly starting to lose freedoms a bit at a time. This is just one good example.

[Renegade Knight]

They need to issue the same order to phone companies. Plus they should consider donig the same to power companies and such that may provide power to them etc. (Just to be consistant). <br /> <br />They don't really grasp what they are asking is wrong.

[Itsashammy]

I think it?s time to face reality. Your personal freedoms will only be protected when they don't interfere with corporate interests.<br /><br />You people seem to actually believe in your constitutionally protected rights. Wake up.

[Seaspray0]

Yes we do believe. With a passion. Try and take them away and you will see that passion.

[MTGrizzly]

This won't last past one appeal. It is grossly, and openly, unconstitutional. More taxpayers' money wasted litigating a bill that is clearly a violation of the first amendment.<br /><br />Also, another government official showing that he knows nothing about technology. Doesn't MN have IT professionals on staff that could explain the IP address problem?

[MTGrizzly]

@biffhenerson<br /><br />"Lets ban all cars that are capable of speeding"<br /><br />Are you kidding? Then they wouldn't be able to impose the speeding ticket 'tax' that they use to pay even more regulations....

[smallvoice]

The Preamble of the US Constitution states: We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.<br /><br />This Preamble is the umbrella clause which encompasses all its following Articles and Amendments, because it?s the Purposes Clause of the Constitution. All Articles and Amendments should be interpreted in light of this Purposes Clause. One of the enumerated purposes is ?to promote the general welfare.? As a common sense, a government should not have to step in and regulate those matters that its grown-up citizens should be able to control themselves. There are many such things that a grown-up citizen should be able to handle and control himself. But, if, for some reason, mainly because of the decay of moral standards, the government sees that there is defect in its citizens? self-regulation on a matter which it deems necessary, to protect its citizens, or in our context, to promote the general welfare of its citizens, the government can and should intervene and enact a law or a regulation. <br />Under the Preamble of the US Constitution, each State is obligated to promote the general welfare of its citizens. Minnesota government decided that the regulation reported here on this CNET article is necessary to promote the general welfare of its citizens. Minnesota followed what the US Constitution mandates. Therefore, a federal court which is only a creation of the US constitution cannot overrule Minnesota?s regulation.<br /><br />Moreover, the First Amendment states: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.<br />I believe, that the historical context of this freedom of speech clause is the freedom to speak according to his conscience. In other words, what is protected is the liberty of conscience, especially pertaining to one?s religion, because, no one should be forced to believe something that his heart does not embrace as far as his religion is concerned. <br />Here, in our case, there is nothing that even remotely resembles a speech, let alone a speech coming out of one?s conscience pertaining to his religion.<br />Therefore, no court has any matter to look at to begin with, in this case.

[kenashe]

Anyone notice that poker stars was not on the list? How did they miss this site? They list 200 websites and don't include the biggest online poker room has ever existed? The one that advertises on ESPN? <br /> <br />There must be some real geniuses running things in Minnesota...

[Sibo10]

What is so sad about all of this is that this 'idiot' bureaucrat embarrasses the whole of Minnesota. "Oh, that hick State where they don't even know how the internet works. Yuk, yuk, yuk".<br />We can turn it into the online insult when someone makes a dumb mistake, "Oh, you must be from Minnesota", "That's so dumb, he must be from Minnesota", and so on.<br />Have a nice weekend, Minnesota :-)