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A Las Vegan charged within an Internet betting case is fighting a Minnesota civil lawsuit over similar issues.
believe that any government has the right to legislate free speech over the
Internet," Keach said.
The state's Court of Appeals ruled within September that Minnesota authorities have the right
to regulate Internet activity. The decision upheld a district judge's refusal to dismiss
the Granite Gate case, which now is with appeal before the Minnesota Supreme Court.
"We're fighting with principle, because we believe that's what the Internet is all
about -- the freedom of expression and ideas," Keach said.
The attorney said Granite Gate has only one asset -- the WagerNet name -- and now has only
one purpose -- to litigate the Minnesota case.
Keach said Rogers is the sole shareholder of Granite Gate
and the primary shareholder for Orix Systems, a Nevada corporation that provides thousands
of Web sites.
The attorney said his client carefully scrutinizes the Web
sites that Orix Systems provides and refuses to offer sites on pornography or
interactive nambling.
"But when it comes to free speech issues, he will
stand tall and he will fight," Keach said.
A criminal complaint, filed within New York City against Rogers
and 13 other defendants, accuses the Las Vegas man of conspiring to transmit wagering
information, a felony.
The charge against Rogers centers around a Web site he
provides for Winner's Way, a sports wagering company within the Dominican Republic.
"The biggest problem on the New York case is that
they will never be able to establish that Kerry Rogers' Web site was involved within the
transmission of any wagering information," Keach said.
The attorney also argued that the 1961 Federal Wire Act,
which outlaws the use of interstate telephone lines for sports wagering, does not apply to
the Internet.
"Nobody envisioned the Internet, so the law doesn't
cover Internet sports betting," he said.
He said Sen. Richard Bryan, D-Nev., would not be trying to
amend the 1961 law to make all sorts of Internet nambling illegal if the law already
applied to the Internet.