iMEGA has filed suit challenging the Constitutionality of the UIGEA on a charge of "vagueness," according to Poker News Daily.

Joe Brennan Jr., iMEGA chairman and CEO, explained the main gist of their claim on a press release in the iMEGA website:

"UIGEA should be 'void for vagueness,' in that Congress has not defined what an 'unlawful Internet gambling transaction' is, as they are required. Congress cannot delegate that necessary determination as to what is 'lawful' or 'unlawful' to US banks and credit card companies. The Department of Treasury, which has been tasked with drafting the regulations for UIGEA, has testified before Congress that they themselves cannot make that determination. Because Congress refused to draft necessary standards, the law is so inherently flawed as to make it totally vague and unenforceable, and we are confident that the Court will overturn it.

According to Wikipedia, “void for vagueness” is applied to a statute if it is so vague that people “of common intelligence must necessarily guess at its meaning and differ as to its application.” To determine whether a law is void for vagueness, courts may ask the following questions:
  1. does the law give fair notice to those persons subject to it?
  2. does the law guard against arbitrary and discriminatory enforcement?
  3. can the law be enforced with sufficient “breathing room” for First Amendment rights?
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