The “Illegal Gaming Attestation Internet Game Content Providers” form introduced by the Michigan Gaming Control Board (MGCB) is stirring up a storm of apprehension among stakeholders in the iGaming industry. The form, while ostensibly well-intentioned to curb illegal activities that drain business and taxable revenue from Michigan’s legal market, has raised significant concerns due to its ambiguities and potential for far-reaching consequences.
A central point of contention is the lack of clear definitions within the form itself. Susan Hensel, a gaming lawyer with Hensel Grad P.C. and a former director of licensing with the Pennsylvania Gaming Control Board, highlighted the ambiguity. “The form does not define every single relevant term, such as what constitutes ‘illegal gambling,’” Hensel noted. She emphasized that the language necessitates interpretation, suggesting that companies with questions should seek direct clarification from regulators. Typically, such inquiries are made during the background investigations of key executives, but this form demands upfront attestation, which places the companies on record for their answers.
However, when asked by Casino Reports to provide a clear definition of “illegal gambling,” the MGCB offered no additional clarity. Public Information Officer Lisa Keith explained that since “illegal” is not explicitly defined on the form, its common and ordinary meaning should be applied. This direction leaves a lot to interpretation and potentially places companies in a precarious position regarding compliance.
The form has already been distributed to relevant parties, including those with a filing date of June 1, 2024, and those licensed or seeking licenses under the Lawful Internet Gaming Act. The timing and approach have added to the growing anxiety and confusion among those operating in the legal iGaming market in Michigan.
Michigan’s significance in the iGaming sector cannot be understated. The state has rapidly risen as one of the premier and most profitable iGaming jurisdictions in the US, alongside New Jersey. For many businesses that have invested heavily in Michigan, the stakes are incredibly high.
. The ambiguity surrounding the form’s requirements threatens to disrupt operations and introduce legal uncertainties.
Stakeholders operating globally are particularly alarmed by the form’s unclear questions and undefined terms. These companies often navigate complex regulatory environments across multiple jurisdictions, where the distinction between legal and illegal activities can be nuanced and fluid. The potential for differing interpretations of the MGCB’s form poses a risk of unintended consequences that could ripple through their international operations.
Legal experts are calling for more transparency and engagement from the MGCB to address these concerns. Clear guidelines and definitions are deemed essential to avoid misinterpretations that could lead to inadvertent non-compliance. The current situation underscores the need for ongoing dialogue between regulators and the industry to ensure that the regulatory framework supports both legal compliance and business operations.
The situation in Michigan is a microcosm of the broader challenges facing the iGaming industry as it continues to grow and evolve. Regulatory bodies across various jurisdictions are grappling with the complexities of defining and enforcing legal boundaries in a rapidly changing digital landscape. The balance between curbing illegal activities and fostering a vibrant legal market is delicate and requires careful consideration and cooperation from all stakeholders.
For Michigan, resolving the issues raised by the “Illegal Gaming Attestation Internet Game Content Providers” form will be a critical step in maintaining its position as a leader in the iGaming sector. It will require a concerted effort from the MGCB to provide the necessary clarifications and reassurances to the industry. Only with clear and consistent regulatory guidelines can the state ensure that its legal market continues to thrive without falling prey to the very issues the form aims to combat.
As the debate continues, all eyes are on Michigan’s gaming regulators to see how they will address these pressing concerns. The outcome will likely have implications not only for the state but also for the broader iGaming industry as it seeks to navigate the complex interplay of regulation and innovation.
Casino Reports remains committed to providing ongoing coverage of this developing story and will continue to deliver updates as new information becomes available. The publication focuses on the regulated US online casino and iGaming industry, offering news, features, and original reporting on industry trends, business activities, legislation, and regulations.
