UK LEGAL COMMENT
New Gambling Commission powers to tackle the black market
Northridge Law’s Melanie Ellis looks at the implications of the UK’s draft Criminal Justice Bill introduced last November.
At the moment, law enforcement agencies must rely on the
willingness of the service provider to voluntarily suspend a domain name or IP address when requested to do so. This approach can be effective when dealing with UK-based service providers, however those in foreign jurisdictions may be less inclined to follow a request for voluntary action. Importantly, the draft legislation includes a specific
provision for a court order to be made in circumstances where there are reasonable grounds to believe an IP address or domain name is being used in connection with an offence under section 33 of the Gambling Act 2005, i.e. the provision of facilities for gambling to customers located in Great Britain, without the provider holding a licence from the Gambling Commission. Any person appointed as an enforcement officer by the
Gambling Commission may make an application to a judge for an IP address or domain name suspension order. The effect of an order would be that the specified service provider must prevent access to the IP address or domain for a set period, which may be of up to 12 months.
T 30 FEBRUARY 2024
he UK’s draft Criminal Justice Bill was introduced last November in the King’s Speech as “legislation to empower police forces and the criminal justice system to prevent new or complex crimes”. Some of the new police
powers proposed by the Bill have been criticised, including for purportedly criminalising rough sleeping, but of relevance to UK gambling regulation are new powers to tackle illegal online content. The legislation will create new powers for UK law
enforcement agencies to apply for court orders, which can require internet domain registries and internet service providers to suspend domain names and IP addresses being used for criminal purposes.
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