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Friday, 5 July 2013

Will Fla. Internet Cafe Ban Also Affect Smartphones, PCs?

Posted on 20:14 by Unknown
Internet Cut

Need a break from the Internet? Perhaps you should book a flight to Florida.

A law passed earlier this year, which was intended to crack down on illegal gambling at Internet cafes, is worded in such a way that some are concerned that it might actually allow for a ban of all smartphones and computers in the state.

A lawsuit filed by cafĂ© owner Consuelo Zapata argues that, among other things, the bill "interfere[es] with the promotion of goods and services — computers with Internet access — that are used for the communication of information and ideas."

The bill in question - HB 155 - was signed in to law by Gov. Rick Scott on April 10 and bans "electronic gambling devices." It was approved after a state investigation found that a purported charity investigation earned $300 million from an Internet gambling effort but only donated $6 million of those funds to charity, according to the Miami Herald. The scandal prompted the resignation of former Lt. Gov. Jennifer Carroll, who had ties to the charity.

After signing the bill, about 1,000 Internet cafes/slot parlors in Florida were shut down, according to the AP, including one owned by Zapata's Incredible Investments.

As noted by TechDirt, however, "the bill's definitions section is a complete mess" and could have a much more far-reaching effect.

"The short version is that a slot machine or device is any machine or device by which someone can play a game of chance," according to the site. "That's any device with a Web browser connected to the Internet. Any one."

While it's unlikely that authorities in Florida will be rounding up smartphones and iPads in the near future, vague wording in bills like this - particularly when they relate to the Internet - can result in confusion, as the current controversy demonstrates.

"This ban unconstitutionally infringes on protected commercial speech," according to Zapata's lawsuit, which was filed on June 28.

Gov. Scott's office did not immediately respond to a request for comment.


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