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Appeal Arguments In Internet-Gaming Statute Challenge
[Editor's Note: The growth of online video games, online gambling, virtual Second Life societies, content downloads and file sharing have required the entertainment and media industries to consider the international reach of laws ' such as the criminal provisions of the Digital Millennium Copyright Act ' that are related to these activities. And for the trade-association-heavy entertainment and media fields, there's the recurring issue as to what extent a trade organization may litigate statutory issues on behalf of its members.
The federal appeals court case reported on in this article involves both a statutory challenge and trade-group standing. The U.S. District Court for the District of New Jersey had upheld the constitutionality of the Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA), though the district court did initially find that the Interactive Media Entertainment & Gaming Association could properly pursue a claim on behalf of its members alleging violation of First Amendment associational rights. The district court noted of the latter point: "The plaintiff thus has shown that its members satisfy the [constitutional] Article III requirements for standing: the existence of an injury-in-fact, which is traceable to UIGEA and redressable by favorable judicial action. ' The action seeks to prevent a criminal statute prohibiting certain gambling transactions from allegedly infringing the First Amendment rights of Internet gambling businesses, and thus is relevant to the plaintiff's organizational goal to 'represent the interests of persons and companies which provide Internet interactive [gaming and gambling services.]'” Interactive Media Entertainment & Gaming Association Inc. v. Gonzales, 07-2625 (MLC) (D.N.J. 2008).]
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