AdLaw Resources
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Online Gaming Laws Survey - Free (Yes, You Read Correctly)
With the help of one of our trusty Summer Associates, and stimulated in part by our desire to update and consolidate research that we’ve carried out over the years in a variety of different contexts, we have prepared a Survey of U.S. Federal and State Gaming Laws & Regulations that apply or in some cases may apply to "Online Gaming." We intentionally defined "gaming" relatively loosely, and attempted to cover promotions and contests involving money or consideration of any kind, the potential implications of related gambling statutes, "amusement gaming," and anything related that popped onto our radar screen where we thought appropriate. With the proliferation of Web-based advertising, promotions, games and interactive entertainment, these gaming laws will increasingly be implicated and potentially used by state and federal authorities to regulate how these activities are conducted.
The Survey of U.S. Federal and State Gaming Laws & Regulations chart, which you can refer to at any time, lists each state (including the District of Columbia) in the United States, and a citation to the relevant statutes and regulations (organized so that amendments are cross-referenced by date and relevant citation), followed by a brief summary of the salient provisions of the law or regulation itself. We have also noted, where there was current activity, any pending legislation that may apply. For example, the relevance of federal gambling legislation appears in the notes at the introduction of the chart, referencing the recent introduction of bills that would potentially defer enforcement of the UIEGA and seek to establish a federal licensing scheme for online gambling.
Now you may ask, "Why would a law firm be giving away such valuable research for free online, on the web, for everyone to see?" Well you may ask – but first read on:
This is an area in which Reed Smith has both U.S. and international experience, and as complex gaming, promotional activities and in-game advertising—involving proprietary and user-generated content—proliferate, the convergence and intersection of these laws and regulations with advertising, promotional and marketing regulation will surely increase over time. Contact Joseph I. Rosenbaum or Adam Snukal if you would like to know more about our experience, our resources, or our ability to help you.
We also maintain a similar chart relating to:
(A) Gift Cards and Gift Certificates, covering both traditional and online payment instruments that are increasingly blurred with prepaid debit cards, stored value cards, smart or chip-cards, reward cards, discount certificates, and traditional credit, charge and debit cards. In the online world, often a simple code or account number, rather than a physical piece of plastic, is the only evidence that a "gift card" exists. Not only are there advertising disclosure regulations and restrictions on expiration dates or the imposition of dormancy or inactivity fees, but escheat and abandoned property laws are implicated as well. It's a complex area of marketing and the law.
(B) Data breach, information security and identity theft statutes, which is an increasingly handy tool related to prevention and compliance and, of course, knowing what to do when you suffer a breach. This chart is a collaborative effort between Reed Smith’s Advertising Technology and Media Group and its Security & Data Protection Group.
We will continue to update our research regularly for our clients, and if you want to know more about any of the databases, reference tools, or our teams of professionals who can help you—well you know what to do next – just ask.
Online Socializing Beneficial for Teens
Good news for parents worried about all that time their teens spend online: It turns out that that time isn't a waste-and can be beneficial, according to a new study. The MacArthur Foundation-long known for its generous funding of public television-reports that young people pick up key skills by participating in digital media.
"It might surprise parents to learn that it is not a waste of time for their teens to hang out online," said Mizuko Ito, a University of California Irvin researcher who is the lead author of the MacArthur-backed report. "There are myths about kids spending time online-that it is dangerous or making them lazy. But we found that spending time online is essential for young people to pick up the social and technical skills they need to be competent in the digital age."
The MacArthur Foundation claims its report is the most extensive U.S. study on teens and their use of digital media to date. Ito's team spent three years interviewing more than 800 young people and their parents, and spent more than 5,000 hours observing teens interacting on social networking sites, video sharing and other sites. The study was supported by the foundation's $50-million digital media and learning initiative.
Read about the report at macfound.org.
Read news coverage of the report at nytimes.com.
Advertising Ban Would Reduce Obesity, Study Says
A ban on fast-food advertising in the United States could reduce the number of overweight children by as much as 18 percent, according to a study conducted for the National Bureau of Economic Research.
The study, funded by the National Institutes of Health, is being published in the University of Chicago's Journal of Law and Economics. Led by a professor from Lehigh University, researchers measured the number of hours of fast-food television advertising messages viewed by children on a weekly basis.
Lehigh University Professor Shin-Yi-Chou and her colleagues found that a ban on fast food advertisements during children's programming would reduce the number of overweight children aged 3-11 by 18 percent, and lower the number of overweight adolescents aged 12-18 by 14 percent.
Though the researchers concluded an advertising ban would be an effective method of reducing the number of overweight children, they also questioned whether such onerous government involvement and the costs of implementing such policies made an advertising ban a practical option in the United States.
Access information regarding the study at journals.uchicago.edu and lehigh.edu.
Child Obesity a Sign of Heart Disease
Children who are obese or who have high cholesterol also show early signs of heart disease, according to a new study. Results of the study were unveiled at a recent American Heart Association conference. The study, conducted by researchers from the University of Missouri Kansas City School of Medicine, has not yet been published.
The study was small, involving 70 children ages 6 to 19, and experts said the results would need to be replicated to be considered conclusive. But the researchers' method of measuring artery wall thickness, using ultrasound technology, is considered to be a reliable indicator of heart disease risk.
"I think this is a red flag," said the study's lead author, Dr. Geetha Raghuveer, a cardiologist and associate professor of pediatrics at the University of Missouri Kansas City School of Medicine. "These kids are more similar to middle-aged adults."
The study is considered by many to be part of a growing body of research that childhood obesity in the United States likely will result in increased incidents of heart disease as children age.
Read more about the study and surrounding issues at nytimes.com.
