New Date for iMEGA v. Gonzales Hearing

Court will now hear oral arguments on TRO petition and Gov’t dismissal motion

The first hearing in the US District Court of New Jersey (Trenton Division) in the matter of iMEGA v. Gonzales, et al, has been moved to Sept. 26th, by mutual consent of the plaintiff (iMEGA) and the defendants (US Dept. of Justice, the Federal Trade Commission and the Federal Reserve Board of Governors).

In addition, the Hon. Judge Mary L. Cooper will now hear oral arguments on iMEGA’s petition for a temporary restraining order (TRO) against the implementation of the Unlawful Internet Gambling Enforcement Act (UIGEA), as well as the Government’s routine motion for dismissal.

Previously, a court date was set for Sept 4th, with no oral arguments. Now, due to the extension, iMEGA’s legal team has the opportunity to submit a brief in response to the Government’s opposition to the TRO and motion to dismiss.

Given the court’s willingness to hear oral arguments, iMEGA feels that a dismissal would be unlikely.

iMEGA is seeking judgment restraining the United States from enforcing the “Unlawful Internet Gambling Enforcement Act of 2006” (UIGEA). The current law prevents US credit-card companies and banks from processing payments to online gambling businesses. According to the Act, violators are subject to civil and/or criminal penalties including imprisonment.

iMEGA feels that the law, if allowed to stand, would create a bad precedent that would chill innovation and the growth of e-commerce by US firms, and permit the flow of jobs and Internet firms out of the US to avoid stifling laws. In the case of UIGEA, iMEGA believes that the embrace of readily-available, commercial technology can help remedy the social ills (underage and compulsive gambling, as well as fraud) far better than this law, which - ironically - would likely exacerbate problem gambling.

iMEGA is accepting individual and corporate members in its trade association, as well as donations to the iMEGA Fund, which goes toward the work needed to keep the Internet “free, open and innovative”.

Link: To Join iMEGA and/or make a donation to the iMEGA Fund