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On March 28, 2006, Washington State passed a ban on Internet gambling and took effect on June 7th.
Substitute Senate Bill 6613 was sponsored by state Senator Margarita Prentice (D) to “upgrade” the then current Washington law (RCW 9.46.240 and 1991 c 261 s 9) to reaffirm the state’s “policy prohibiting gambling that exploits such new technologies,” and to make “an effort to compatible with federal law.”
Prentice’s law is not merely an “upgrade,” certainly not compatible with federal law and definitely draconian in its curtailing of Internet rights, content and usage. Prentice’s law casually and callously assaults the First Amendment. The new federal law does not criminalize the player, Prentice’s law does. A violation of the prior Washington law was a misdemeanor, not Class C felony. Prentice’s law does expand the technologies covered to include the Internet. Washington State’s ban, unlike federal law, has no carve out for fantasy sports gaming. Under Washington Law, RCW 9.46.240 and 67.70.040, if there is any amount of risk such activities would constitute gambling, with the amount of skill of the Internet player being totally irrelevant. The federal law excludes gaming involving skill and Prentice’s law includes any gaming involving risk.
According to Czar Day, "Talking about Internet gambling is not illegal. Although, radio, television and newspapers that publish 'gambling information' (RCW 9.46.0245) are exempt from the new law, advertising for Internet gambling is generally illegal. In most instances, advertising would be a gross misdemeanor under the professional gambling statue (RCW 9.46.222)." Czar Day's cadre of commission agents has gone to the homes of gamblers, possibly mentioned in poker magazines; forced Bellingham, Washington-based casino review web-site, IntergrityCasinoGuidedotcom, to close; and threatened The Seattle Times with prosecution for publishing a poker how-to column by nationally renown gambler Daniel Negreanu. "My suggestion to you is to remove from your paper any advice about online gambling and any links to illegal sites," Day said to the The Seattle Times. The state has verred from regulating gambling to mugging residents and media from speaking or writing about Internet gambling. Several poker magazines have cancelled the subscriptions of Washington State residents. University of Washington law professor Stewart Jay wonders "how ordinary citizens can be prosecuted for transmitting or receiving gambling information, as the laws words it, while newspapers and television stations are exempt."
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Text of Washington State Gambling law. Click on following logo:
Synopsis of the Law
The law (RCW 9.46.240 and 1991 c 261 s 9) reads:
“Whoever knowingly transmits or receives gambling information by telephone,
telegraph, radio, semaphore, the internet (sic) a telecommunications
transmission system, or similar means, or knowingly installs or maintains
equipment for the transmission or receipt of gambling information shall be
guilty of a class C felony subject to RCW 9A.20.021.” A class C felony is
punishable by amounts up to $10,000 and/or confinement in a state correctional
institution for five years.
Other Class C Felonies
Class C felonies in Washington State, include bestiality; assault on a child in
the third degree; custodial sexual misconduct in the first degree; third degree
rape; four DUIs in seven years; second degree assault; sex and labor
trafficking; unlawful taking of endangered fish and wildlife; robbery (1 count);
animal fighting abuse or, most egregiously, going “all-in” in an on-line game
with a pair of six's. 60 months in jail seems more than appropriate
for going “all-in” with less than a pair of jacks.
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13
October 2006, President signs Unlawful Internet Gambling Enforcement Act of 2006. 
