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Horse wagering using online methods across state lines is legal in several states in the United States. In 2006, the NTRA and various religious organizations lobbied in support of an act in Congress meant to limit online gambling. Some critics of the bill argued that the exemption of horse racing wagering was an unfair loophole. In response, the NTRA responded that the exemption was "a recognition of existing federal law", not a new development. Interstate wagering on horse racing was first made legal under the Interstate Horseracing Act written in 1978. The bill was rewritten in the early 2000s to include the Internet in closed-circuit websites, including simulcast racing, as compared to simply phones or other forms of communication.
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The national government, which licenses Internet gambling entities, made a complaint to the World Trade Organization about the U.S. government's actions to impede online gaming. The Caribbean country won the preliminary ruling but WTO's appeals body somewhat narrowed that favorable ruling in April 2005. The appeals decision held that various state laws argued by Antigua and Barbuda to be contrary to the WTO agreements were not sufficiently discussed during the course of the proceedings to be properly assessed by the panel. However, the appeals panel also ruled that the Wire Act and two other federal statutes prohibiting the provision of gambling services from Antigua to the United States violated the WTO's General Agreement on Trade in Services. Although the United States convinced the appeals panel that these laws were "necessary" to protect public health and morals, the asserted United States defense on these grounds was ultimately rejected because its laws relating to remote gambling on horse-racing were not applied equally to foreign and domestic online betting companies, and thus the United States could not establish that its laws were non-discriminatory.
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