New York iPoker bill amended with 'bad actor' clause

Senators in New York have amended the state's proposed internet poker bill to exclude from the market any operator or supplier that accepted unauthorised wagers in the United States after December 31st, 2006.
Senate bill 3898 was amended on its third reading Monday to include a so called 'bad actor' clause, prohibiting the use of any assets such as trademarks, customer databases or any derivative of a database, that was used to accept unauthorised wagers in the US following enactment of the Unlawful Internet Gambling Enforcement Act in December 2006.
Such a clause would prevent companies like Amaya from partnering with New York-licensed operators to offer online poker under the PokerStars brand. It would also complicate New York's ability to enter into agreements with other states that offer regulated internet poker, such as New Jersey.
The amended bill states that the New York Gaming Commission may enter into agreements with other states to allow their players to participate in iGaming offered by New York licensees, and for New York players to participate in the iGaming offering of other regulated states, "provided that such other state or authorized agency applies suitability standards and review materially consistent with the provisions of this article".
While Nevada's internet poker legislation does apply similar suitability standards in respect of bad actors, the New Jersey market does not.

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