Comments on: Sorry, But You Are Wrong

By: Bryan

Bryan — Fri, 12 Jul 2013 18:01:18 +0000

Sovereign immunity kicks in, Badtux, so public libraries are in no danger.

Florida’s biggest problem is that the legislature is a part-time job that only lasts 60 days per year, and it was really only designed to pass a budget. That’s why we keep getting buried in initiatives on our ballot.

It is fairly difficult to crack a system while working in a public space in view of the check out desk, and time limited. If you had that kind of skill you would do it to a machine belonging to friend, or on hacked Wifi.

It’s not like there are any local state’s attorneys who will actually do anything with the law outside of South Florida, and then only when one of the gambling stakeholders complains.

By: Badtux

Badtux — Fri, 12 Jul 2013 05:35:39 +0000

But if I’m reading it right, Bryan, it states that the *owner* of the device is responsible for the use of the device to gamble even if he had nothing to do with the site. That is why the “internet cafes” all closed — they could not guarantee that people would not use the computers to gamble. Yes, I know the libraries are filtered to bajeezus and back, but if you think that determined people won’t figure a way through the filtering, you’re living in a magic world of pink unicorns and cotton candy trees, not *this* world. And the libraries do own the computers. So yes, this *would* make libraries illegal gambling casinos under this law, if someone in the library figures out how to get to a gambling site and play despite the filters. Maybe. It depends on whether they charge to rent time on the computers or not…

All in all, an overly broad, poorly written law. In attempting to plug loopholes, they managed to use a Caterpillar D9 where a gardening spade would have been more appropriate. So it goes.

By: Bryan

Bryan — Thu, 11 Jul 2013 17:52:24 +0000

In reply to Badtux.

Actually, the government of Florida is a ‘legal’ gaming establishment, and the Florida Lottery was one of the groups that have been lobbying for the changes.

The libraries are fine, but the user will probably get slapped with a city/county ordinance violation, even if the state doesn’t go after them for illegal gambling.

Most libraries use local filtering to go to ‘portals’ where even more filtering takes place. The last time I checked, I couldn’t update the blog from any of the local libraries, and there are fewer available now because of austerity budgets at all levels.

By: Badtux

Badtux — Thu, 11 Jul 2013 15:35:52 +0000

It does appear to outlaw public libraries from having public access computers however, since said computers can be used to access online gaming services. Libraries presumably have filters to prevent accessing the popular ones, but since they can’t filter out *all* gaming sites, and since it is almost certain that one or more of their patrons will find one and play a game, that makes them illegal gaming establishments under that law, if I’m reading it right :twisted:.

– Badtux the Not-lawyer Penguin