Collusion Concerns Halt New York Online Poker Bill

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Tuesday, August 23rd, 2016 | Written by Shane Larson

After an iPoker bill passed the New York State Senate by a vote of 53 to 5, it seemed for a brief moment that New York might become the fourth US state to legalize online poker. The big buzz created by the positive vote, however, disappeared just as quickly, after the piece of legislation died in the Assembly.

Surprisingly, Gary Pretlow, who in the past had been one of online poker’s strongest supporters, helped put the brakes on legalization, and in an interview the New York Assemblyman said that he wasn’t completely sold on the current legislation because he had some lingering concerns. The biggest one? Collusion.

Pretlow openly stated that unless he saw proof that there was absolutely no chance of collusion taking place at online poker sites, then he could not support legislation. Unfortunately for those hoping to play legal online poker in New York, there is no way to completely guarantee that collusion won’t happen; however, there are a number of safeguards that casino sites can use to reduce the risk of it occurring.

What Is Collusion Anyway?

Collusion is a form of cheating where people work together to win a game of poker. It can come in a variety of different forms, for instance when two people are sitting side by side on a computer; or alternatively communicating offline together to dominate the table. It can also be more discreet with more skilled players losing at times to maintain plausible deniability and decrease the risk of being caught. While the basic forms of collusion are usually easy to spot, smarter cheaters can sometimes win for months or years before ever getting noticed.

Methods of Curbing Collusion

There are a number of ways that collusion can be combated, including:

– Software. Online poker sites use advanced software to spot signs of collusion. The programs can monitor how frequently players are put at the same table and can detect banned software that is used for the purposes of cheating.

– Player Reporting. When software fails to catch cheaters, players often do, and online poker sites make it easy to report players who are behaving suspiciously. Sites can then conduct investigations to determine whether or not the reports are founded before taking the appropriate actions.

Excuse to Delay iPoker Legislation?

Clearly, there are many ways that cheating is already being addressed by online poker sites. Based on that, it’s likely that collusion is being used as an excuse for delaying the legislation and regulation process rather than being the actual reason for letting the Senate bill die in the Assembly. Even New York State Senator John Bonacic has spoken out since the bill failed, and has been questioning what the motives were for failing to move forward with the legislation.

Poker advocates in New York are currently encouraged to contact their lawmakers and make their voices heard. That might be the only way that there will be hope of a New York online poker bill passing in 2017.

DFS Legalized in New York

While online poker legislation continues its rocky road, this month New York became the eighth state in the US to allow daily fantasy sports (DFS) betting, with the other regulated states including Colorado, Indiana, Mississippi, Missouri, Tennessee, Virginia, and Massachusetts.

The Gary Pretlow sponsored DFS bill was signed into law by Governor Cuomo, and commenting on the difference in treatment between the poker and DFS bills, Pretlow cited the traditional ‘skill versus luck’ argument. Elaborating further, Pretlow explained:

“When you’re gambling, there’s a bet, and if you change the bet the odds change based on who is betting. That’s gambling. In DFS, you pay an entry fee — $5 or $10, or whatever — and you’re locked in. You can’t change it.. In poker, you’re betting and you’re changing the bet by raising. That’s gambling. In my legislative finding, I found DFS is not gambling. I can’t find that poker is not gambling.”

Labeling poker as a luck-based gambling game therefore creates further hurdles for the advancement of online poker legislation as under New York state constitution the only gambling games permitted are state lotteries, horse racing, and those taking place at casinos. That is why up until now the Empire State has concentrated on poker rather than the full range of gambling options like its neighbor, New Jersey. While the Senate managed to get around this hurdle by classifying poker as a game of skill, the Assembly, on the other hand, has thus far rejected the distinction.