Score one for the good guys. Former New York Sen. Alfonse D’Amato
has graciously agreed to serve as chairman of the Poker Players
Alliance (PPA), to be its spokesman, and to lobby for a poker carve-out
to the Unlawful Internet Gambling Enforcement Act.

The PPA is a grass-roots organization comprised of more than 100,000
poker players and enthusiasts from around the United States who have
joined together to speak with one voice to promote the game, ensure its
integrity, and, most importantly, protect a poker players’ rights.

Who better than 18-year congressional veteran Alfonse D’Amato to lead
the fight? “Senator Al,” as he is affectionately referred to, is known
for such great accomplishments as requiring Swiss banks to return
billions of dollars to Holocaust victims; he is known for caring about
the needs of the individual constituent, and he is a fighter. He does
not shy away from a fight; rather, he will embrace the fight to protect
a poker player’s right to play online.

Senator Al posed a question: “What about the veteran who fought for
America and now is crippled and cannot get out? Why shouldn’t he be
able to play a little poker online and meet some friends? Only
ambulatory people can play poker? What a tragedy!”

He asked: “Is betting on horse racing any different than playing poker?
Why is there a horse racing exemption and a lottery exemption but
nothing for poker? Horse racing has a powerful lobbying group, that’s
all. They have a voice. Poker needs a voice, and a loud one!”

Sen. Alfonse D’Amato is poised to be just that voice.

In between Senator Al’s trips to Washington (where he is setting the
stage for change) and London (where he plans to educate himself
regarding UK online regulation), he and I met and chatted about the
future of poker and how he viewed his role in it.

Allyn Jaffrey Shulman: Welcome to the PPA. We’re very
excited to have you sit as chairman of the PPA board. Congratulations
on your unanimous appointment. Senator, when did you first hear about
the PPA?

Alfonse D’Amato: In October. I heard about the PPA from Wayne
Berman, a friend of mine who was my partner at one time, and who was
also in our regular Thursday night game, every other week. He mentioned
to me that the PPA existed.

I thought that the legislation being proposed was using a cannon to
kill a gnat. What really needs to happen is to have a legitimate house,
a fair game, and a fair operator, and not take away from
20-plus-million citizens who play poker the opportunity to play poker
on the Internet. Why should they be deprived of Internet play and …

(Interruption: Gov. Arnold Schwarzenegger is on the phone …)

AJS: I understand that you have two different roles in the PPA. Besides being chairman of the board, what is your other role?

AD: Well, after serving in Congress for 18 years, in 1999, I
began Park Strategies LLC. My role in the PPA includes myself and my
firm. We will be lobbying to reform the UIGEA. Although the Act was
well-intentioned, it will fail to achieve its goals. We all want to
protect kids; we don’t want money laundering, and we don’t want our
citizens cheated. But, we don’t want to waste our resources, either.

Our strategies will include getting Congress to reconsider the impact
of the Act. What we want to get them to consider is that now, instead
of getting controls over people who are underage, those who don’t care
about that are replacing the public companies who have good business
practices, and there will be no safeguards. We should say, let’s deal
with mechanisms to curtail youngsters, make sure they don’t play, and
make sure reputable operations are taking place.

Of course, assigning to the authorities the tracking of terrorists and
money laundering is an important task. Enforcing this legislation is a
diversion of tremendous assets! Drug cartels and illegal transferring
of money are serious issues. This legislation may be well-intentioned,
but it misses the point. The revenue that could be derived and used in
other areas of law enforcement is something that needs to be addressed.
Regulation in this area, which would include different safeguards, is a
more well-reasoned course of action. And, of course, the revenue that
it would bring in would be so much better than the revenue that is now
being spent to enforce the Act. We would be getting money to be spent
in important areas, rather than spending money where it doesn’t need to
be spent.

AJS: Why are you and the PPA such a good fit?

AD: Well, I am fairly accomplished in legislation. I have
maintained good relationships with both sides of the aisle, and
hopefully I can get Congress to listen. We shouldn’t drive the industry
underground. If we cut off major banks, there will be others who will
operate offshore, and may not be honorable. What will happen with no
safeguards at all?

Poker is a game of skill that should be allowed to be played online.
Betting on horse racing involves no skill … but in poker, there is
skill. What about lotteries or fantasy football? Tell me about the
skill level in fantasy football. And what do they do to protect young
kids in those areas? Now, if you want to say that it’s to protect kids,
do it properly; don’t drive the industry offshore, where we have no
regulation and no controls.

It’s just like Prohibition. No one says drinking is great; anything in
excess can be a problem. You can’t stop drinking and you can’t stop
gambling. And if we really wanted to stop gambling, what about casinos?
Gambling isn’t going to stop. People aren’t going to stop. Why allow
only casinos? Only ambulatory people can play poker? If a person is
confined and doesn’t have a way to get out, they’re precluded. That is
terrible! What a tragedy! Someone can’t get out or can’t get a ride,
and they are deprived? And by the way, what about the opportunity to
meet other players and socialize with them online? There is an element
of unfairness here.

AJS: How big do you think the PPA has to be to have an impact on our government?

AD: I think it has to grow in size and grow in voice! That voice
must say that we want you to regulate and not ban. Protect citizens!
Ensure safety! Make sure that people are not being taken advantage of.
England has been doing this for a long time. 20-million-plus Americans
play online poker.

Last year, the World Trade Organization indicated that we may be in
violation of WTO agreements. We’re discriminating against other
countries. Inevitably, we will be held not in compliance, and penalties
will be levied against us. We need to regulate. There is an upside.
Knock out unscrupulous houses. Regulate. Protect kids and those who are
vulnerable. It is not onerous, because having a licensing procedure
will pay for itself. The burden and expense would not be on the
government. Tax revenues and the licensing procedure will pay the cost.
Instead of the government paying out money to try to stop millions of
Americans, we should see to it that the industry is regulated, and
bring in money.

AJS: Do you think in 2007 that we have the ability to obtain a poker carve-out to the UIGEA?

AD: I think you never give up. You set the stage. I’m not going
to say that it’s going to be easy, or that it cannot be done. But I
don’t want to give a false impression. I intend to go to people who
sponsored the legislation and educate them. Go to people you might not
think would support a carve-out. Give them a reason to make a better
bill, accomplish a better goal. Don’t waste law enforcement resources.
Provide safeguards. I was down in Washington yesterday to begin the
process of education and answering questions. We will have to come up
with effective answers that satisfy the concerns that we all have. That
can be accomplished by effective regulation.

AJS: What are our biggest roadblocks?

AD: Well, I think convincing legislators that there is a better
way to do what they want to do. They were acting under a number of
influences. Interests in Las Vegas and sportsbooks wanted this
legislation. Under the guise that gambling is bad, they came up with
this all-encompassing area. Horse racing was left off because of the
power of the industry! We need that same power in the poker industry.

AJS: What can the average poker player do to help?

AD: Reach out to friends. Join the PPA. Write to Congress. Call
your senator. Don’t give up. We need a strong presence – loud voices.
Why should the industry be driven underground like Prohibition? Ensure
that it’s a fair game! Why should I be deprived? Why can’t I use a
legitimate bank? I want regulation! Make your voices heard!

AJS: What can poker sites, software companies, and the media do to help?

AD: I think the media has to talk about the inequality. Horse
betting is OK. Lotteries are OK. If you have an addiction to horse
racing, it is inconsistent to say that we will stop one group. If we
are saying that Texas hold’em is bad, what about casino gambling? We’re
kidding ourselves if we think that we are going to stop the popularity
of online gaming. We’re not going to stop people from playing; you will
only get unscrupulous groups to replace public companies. We are losing
the opportunity for revenue by regulation. There will still be an
industry. Big companies will continue to leave, only to be taken over
by the underworld. That doesn’t make sense.

AJS: American Gaming Association President Frank Fahrenkopf told
me that he doesn’t think a carve-out will happen, and that instead, a
feasibility study should be done to determine whether regulation is an
option. What do you think about regulating online poker?

AD: I’ve known Frank for 25 years. He’s a wonderful guy, but he
doesn’t really care; if he wanted to help get a carve-out, he could
help. A study will cause two years of inaction. Then, we will study the
study. Then, we will discuss the study. And while we are busy studying
the study, the industry will be driven underground.

AJS: Many people are outraged about the way the UIGEA was snuck
through Congress at the 11th hour. First, is that an ordinary tactic?
Next, were you offended, as well?

AD: It was a sneak attack, and former Majority Leader Bill Frist
should be ashamed of himself. Now, Senator Kyl, who supported the Act,
is a decent, caring, honorable man, on either side of the aisle. But
for the majority leader to stop debate was abuse of the great authority
given to him, by attaching it to a bill that had to pass. He
did it not so much that he thought online gaming is horrendous, but to
carry favor with the Christian right. That is an abomination!

He did the wrong thing to attempt to advance his political career, and it backfired on him.

AJS: There was talk that Frist agreed to get the UIGEA passed if
Jim Leach would get Iowa to support Frist for president. Did you know
anything about that?

AD: I heard the rumor that Frist agreed to get the bill through
and he was looking for support. I don’t know if it’s true, but connect
the dots …

It’s pretty ironic, isn’t it? There’s a good chance that Leach was defeated because of poker players’ outrage.

AJS: Do you think that a Democratic Congress has a better chance of passing a carve-out than the previous Congress?

AD: The nature of fighting for an issue like poker doesn’t
initially gain much support. We have to go about it by demonstrating
that it is better to have controls and safeguards as it relates to
poker, rather than attempt to ban and not have any ability to control.
We have to educate members of Congress, get them to think about the
issue differently. They all know cons. How about the pros? Do we
regulate? Yes. Are we using resources to enforce the new law? Yes.
Could the money be better utilized? Yes. We can better use that money!
Do we want to build up a multibillion-dollar industry with less than
reputable people? No. Let’s exercise patience, perspicacity. (AJS
interrupts: “Good word!” He spells it for her: p-e-r-s-p- … “My
spell-checker already got it right!”)

Churchill said never give up. It’s not going to be easy. I took a trip
to Washington yesterday to begin speaking with some of my colleagues.
Today I am taking a trip to London to become more knowledgeable about
licensing. Also, if Congress sees that the WTO is going to enact
penalties, this may move us into compliance.

AJS: I am sure that you have heard of the new law that passed in
the state of Washington in June of 2006, making it a Class C felony to
play poker online. (Class C felonies carry a maximum penalty of five
years in prison and a $10,000 fine, just like certain types of rape and
child molestation.) What do you think about criminalizing online poker?

AD: What? We’re going to arrest doctors for playing poker online? It’s outrageous!

AJS: What the heck is going on in this world of ours, where a poker player can be punished as harshly as a rapist?

AD: Nintey percent of Congress probably was not aware.
They were told that people would not be prosecuted. Justice couldn’t
allow this.

(At about this time in the interview, Senator Al apologized and
explained that he had to catch a plane to London and didn’t want to be
dressed in a suit, so he started taking his tie and shirt off. His
lovely assistant, Dana, came rushing in and pointed to my computer,
saying: “Write about that!” I told her that I couldn’t because my eyes
were closed.)

AJS: Many people assume that Republicans are opposed to
online poker, although I imagine it’s only the ultra-right Republican.
How do you square being a Republican and supporting online poker?

AD: Trying to be Big Brother flies in the face of being a
conservative Republican. We have lost our principles. We don’t want
people to play poker, but it’s OK to bet on horse racing? We won’t
provide the same opportunity? It is inconsistent. It was the same thing
with Prohibition. We will legislate, so you cannot drink? The policy is
flawed, because it doesn’t work.

Will we prosecute millions of people for playing poker but not for
horse betting? This hypocrisy brings about contempt. It brings about
disrespect for the law and disdain for the lawmakers.

AJS: What do you think about the recent arrests of the two former NETELLER executives?

AD: Well, ya know, they aimed guns at the big guys and it had
its impact. We took a reputable company and ran it out. They no longer
provide a needed service. They ran out a public company and left the
door wide open for some unscrupulous group. It is better if NETELLER is
back in the U.S.

AJS: What about the money belonging to U.S. citizens that NETELLER still has?

AD: Yes, something like $90 million. It’s a shame. They’re
afraid to pay out the funds. And the federal government has put a hold
on that money. I hope people get their money back. They are innocent
victims.

AJS: I’d like to ask a few personal questions. Will you describe some memorable moments in your 18 years in Congress?

I read that you once filibustered for more than 23 hours against a
military bill, and another time, in order to protect 750 jobs of New
Yorkers, you sang South of the Border (Down Mexico Way). Would you tell our readers about that?

AD: Well, that’s where the jobs would go. That was a
midnight bill that snuck through. I tried to kill it by not letting
them vote. After 23 hours, a lot of people just go home. At the end of
the period, we lose a quorum.

Smith-Corona planned to move 875 jobs from its upstate New York
typewriter factory to Mexico, to save wage costs so that it could
compete against low-priced Japanese imports. So, I sang South of the Border (Down Mexico Way). I wanted to protect jobs.

AJS: And I remember that you were instrumental in getting Swiss banks to give money back to Holocaust survivors.

AD: I felt very good about my part in facing the Swiss banks and
getting restitution for the Jewish community. I helped to get 1.25
billion dollars back. I led the battle to get that money from Swiss
banks, kept from Holocaust survivors. Those are moments I enjoyed very
much.

Eighteen years gave me a chance to fight for the little guy and for my
state. I was privileged to have that experience. Serving with the great
Ron Reagan was fantastic. He was one of the great human beings.

AJS: How did you get the name “Senator Pothole”? Are you proud of the nickname?

AD: I got it fighting for the little guys. Initially, it was
pejorative, but then I made a difference for people. I embrace that
name as a badge of honor.

There was a highway where people were getting killed, a deathtrap:
Route 17, which is now called I-86. It needed to be bigger, safer. We
got the federal government to put money in, and we saved countless
lives.

AJS: Well, senator, I have to ask. Are you a better poker player or a better lobbyist?

AD: I would hate to make a living playing poker. I would be on food stamps!

AJS: Senator, you are a charming man. Thank you so much
for your time and for agreeing to fight the good fight. Is there
anything else you would like to say about your new role as spokesman
for the Poker Players Alliance?

AD: I am pleased and privileged to be the spokesperson for
the PPA. I don’t know all the answers, but I am going to learn.
Probably, people feel alienated, and I want to know about it. I want to
use the information I learn. We are going to set up a website to be in
contact with the people. I want to know how they feel and I intend to
do something about it. This is not just about poker; it is about
protecting personal freedoms.

And so it was on a chilly New York day on Park Avenue that Sen. Alfonse
D’Amato discussed his plans to be the needed spokesperson for the PPA
and fight for the rights of poker players. It’s not just about playing
poker; it is about protecting personal freedoms.

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Author Contact Info: Allyn Jaffrey Shulman, Cardplayer