SALON

Thursday, Jan 3, 2013 7:00 PM UTC

Software maker faces jail because his product was illegally used

Robert Stuart legally sold gambling software to overseas online casinos but the program was used by others in N.Y.

By

Topics: Gambling, online casinos, software, New York, online gambling, ,

Software maker faces jail because his product was illegally used (Credit: Shutterstock/Mert Toker)

A software maker who sells programs used by online casinos and bookmakers outside the U.S. (where online gambling is legal) now faces criminal charges for allegedly abetting illegal gambling, as the software has been used in New York.

Although Robert Stuart and his family-run company insist they only sold their software product to legal overseas buyers, the software maker has been charged with one felony count for promoting gambling in New York through his software firm.

“It’s overreaching where they’re going after a software developer who sells the software with a legal license, and yet we’re still being prosecuted on how it’s being used,” Stuart told Wired, noting that authorities have not told him yet whom he’s accused of aiding and abetting. According to the D.A.’s office, Stuart’s software was used to make illegal bets in that state between September 2008 and June 2011.

Wired noted the considerably dangerous precedent the suit against Stuart could set:

The prosecution of a commercial programmer for crimes committed by people who used his software would set a dangerous precedent for other software makers who might be held liable for how their legally licensed software is used, says Jennifer Granick, director of civil liberties for the Center for Internet and Society at Stanford University.

“It’s scary for software distributors, if someone happens to use their software for illegal activity,” she says. “If you know what people could use it for, and didn’t prevent it, did you take enough steps? What level of knowledge you need to have and all of that is not as clear as it should be [under current laws].”

In another unnerving aspect of the case, Stuart told Wired how the New York D.A.’s office had offered him a plea agreement in order to have him hack into his clients’ systems and obtain names and passwords so New York authorities could track down those involved with illegal gambling operations in the state. Wire reported, “Although Stuart initially agreed to the terms of the plea, he later recanted because he said he was uncomfortable being used as a pawn to secretly collect information on his customers. He claims authorities are charging him now in retaliation for refusing to cooperate with them.”

Experts suggest that in order to prove their case, the New York authorities will have to show that Stuart or his employees were aware that the software was being used for illegal gambling in New York and did nothing to stop this.

Natasha Lennard is an assistant news editor at Salon, covering non-electoral politics, general news and rabble-rousing. Follow her on Twitter @natashalennard, email nlennard@salon.com. More Natasha Lennard.

Next Article

Related Stories

More Related Stories

Featured Slide Shows

The week in 10 pics

close X
  • Share on Twitter
  • Share on Facebook
  • Thumbnails
  • Fullscreen
  • 1 of 11
  • Lisa Montgomery embraces her nephew Thursday after a tornado tore apart her home in Cleburne, Texas. The twister killed six people and destroyed entire swaths of the North Texas town.
    Credit: AP/LM Otero

  • Jack McMahon, the defense attorney for abortion doctor Kermit Gosnell, speaks outside the Criminal Justice Center in Philadelphia Tuesday. His client was convicted of killing three babies in his clinic, and will serve multiple life sentences.
    Credit: AP/Matt Rourke

  • A photo taken Monday captures Vice President Joe Biden's response to a Milwaukee second-grader's innovative proposal to end America's epidemic of gun violence. This guy!
    Credit: AP/Jenny Aicher

  • Sen. Rand Paul, R-Ky., flanked by a grouper-eyed Michele Bachmann, addresses the IRS' admission that it targeted Tea Party groups in advance of the 2012 election. In an op-ed for CNN Thursday, the Kentucky senator slammed the president for his faux outrage.
    Credit: AP/Molly Riley

  • Ousted IRS chief Steven Miller is sworn in on Capitol Hill Friday. Miller testified before the House Ways and Means Committee on the extra scrutiny the agency gave conservative groups applying for tax-exempt status.
    Credit: AP/J. Scott Applewhite

  • Attorney General Eric Holder pauses as he testifies on Capitol Hill before the House Judiciary Committee Wednesday. Holder is under fire, among other things, for the Justice Department's gathering of phone records at the Associated Press.
    Credit: AP/Carolyn Kaster

  • O.J. Simpson sits during an evidentiary hearing at Clark County District Court in Las Vegas, Nev., Thursday. Simpson, who is currently serving a nine-to-33-year sentence in state prison for armed robbery and kidnapping, is using a writ of habeas corpus to seek a new trial.
    Credit: AP/Las Vegas Review-Journal/Jeff Scheid

  • Major Tom to ground control: On Sunday astronaut Chris Hadfield recorded the first music video from space, a cover of David Bowie's "Space Oddity."
    Credit: AP/NASA/Chris Hadfield

  • When it rains it pours. President Barack Obama speaks during a news conference Thursday with Turkish Prime Minister Recep Tayyip Erdogan, inexplicably inspiring an #umbrellagate Twitter meme.
    Credit: AP/Jacquelyn Martin

  • A smoke plume rises high above a road block at the intersection of County A and Ross Road east of Solon Springs, Wis., Tuesday. No injuries were reported, but the the wildfire caused evacuations across northwestern Wisconsin.
    Credit: AP/The Duluth News-Tribune/Clint Austin

  • Recent Slide Shows

  • Share on Twitter
  • Share on Facebook
  • Thumbnails
  • Fullscreen
  • 1 of 11

Related Videos

Comments

 7 Comments

Comment Preview

Your name will appear as username

You may use these HTML tags and attributes: <a href=""> <b> <em> <strong> <i> <blockquote>

follow salon

Most Read

Popular on Reddit

links from salon.com

vote
Oklahoma senator: Tornado aid “totally different” from Sandy aid
2818 points2819 points | 1392 comments
vote
Anyone Regret Slashing National Weather Service Budget Now?: With GOP-backed cuts to forecasting agency, experts warn future storms will go undetected and more lives lost
885 points886 points | 432 comments
vote
Oklahoma senator wants to offset tornado aid with other cuts
134 points135 points | 41 comments
vote
Horrifying new trend: Posting rapes to Facebook " In Chicago this weekend, prosecutors announced three teenaged boys will tried as adults for aggravated criminal sexual assault after allegedly raping a 12-year-old girl — and posting a video of the attack on Facebook."
23 points24 points | 13 comments
vote
Recent scandals are Whitewater redux, not Watergate
15 points16 points | 2 comments

From Around the Web

Presented by Scribol
listener_new_rect The Listener: So long, Sookie Stackhouse

Recommendations