Comments on Draft Virginia Sports Betting Regulations
Caesars Entertainment
September 8, 2020
11VAC5-70-10 – Definitions
The definition of “integrity monitoring system” should be expanded to include policies, procedures, and communications related to an approved integrity monitoring association or system provider as specified in 11VAC5-70-220.
The definition of “multi-source authentication” should be expanded to include ”a one-time text code or email verification” to the list of independent credentials approved for use in identity verification.
11VAC5-70-170 – Permissible Wagers
Sections B and C, which deal with bets placed after a sporting event has started, appear to be redundant.
11VAC5-70-220 – Integrity Monitoring
With respect to Section A, Caesars appreciates the inclusion of alternatives to membership in the Global Lottery Monitoring System (GLMS) for the purposes of integrity monitoring. The Sports Wagering Integrity Monitoring Association (SWIMA) is an industry-wide group providing integrity monitoring across multiple jurisdictions and operating entities, and most major sports wagering industry participants (including Caesars) are members. Most U.S. sports betting regulatory agencies are also aligned with SWIMA.
We suggest that the use in Section E of “immediately” be modified to “promptly” to account for practical concerns as well as later-discovered information.
We suggest that explicit authorization be provided in this section for operators to share information about suspicious or unusual activity across corporate enterprises and with other jurisdictions, in order to facilitate integrity monitoring.
11VAC5-70-230 – Investigations; Reporting
The proposed requirement in Section L that a regulated entity provide certain betting information to the Director “in real time” is impractical, of limited utility, and should be deleted.
The draft language in Section M with respect to real time data sharing with sports governing bodies raises a host of technology compatibility issues – merging of data streams across multiple operators and platforms – that will clearly be extremely costly (if not technologically impossible) to resolve, commercially unreasonable, and raise significant privacy, confidentiality, and security issues. We recommend thatthis section be amended to require the Director to consider “the commercial and practical reasonability” of a sports governing body’s request for real time data in determining whether and how this information must be provided.
11VAC5-70-240 – Advertising & Marketing
With respect to the requirement in Section A for the Director to pre-approve marketing and advertising, Caesars suggests that the Director provide a mechanism for approval of general advertising templates, and that compliance with the guidelines established by the Director will mean a presumption of acceptability. The guidelines should recognize that submission and approval of all marketing in advance is not only burdensome, but logistically impossible for events in which the participants are not determined until shortly before (for example, playoff series or championship games).
11VAC5-70-250 – Reporting Requirements
The requirements in Section B for “immediate” reporting to the Director should be changed to “promptly.”
11VAC5-70-280 – Geolocation System
The language in Sections A and B should not require operators to incorporate “the latest systems” in their geolocation systems. Instead, the standards for geolocation should be set by the Director, and the operator should ensure that its geolocation systems meet or exceed the standards.