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The KVA’s statement mirrors a broader European regulatory trend where authorities are increasingly scrutinising how major internet platforms facilitate traffic to unlicensed gambling services.

In Sweden, Spelinspektionen recently flagged affiliates and social media as key channels for black market advertising and how affiliate networks redirect search traffic towards unlicensed operators.

Regulators have so far focused mainly on monitoring paid advertising. In Germany, the GGL credited an updated Google ad policy with reducing black market visibility. Yet, it acknowledged that illegal operators could still achieve visibility in organic search through SEO manipulation. 

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While Interior agreed that Scotts Valley met requirements regarding its modern ties to the area and the timing of the acquisition, the department ultimately concluded the tribe failed to demonstrate a sufficiently significant historical connection to the land.

In court Friday, DOJ attorney Amber Dutton-Bynum argued that Scotts Valley could not meet the high threshold for irreparable harm required to secure an injunction. She maintained that the tribe knowingly chose to invest in the Preview Casino while its gaming status remained uncertain, as reported by Law360. Dutton-Bynum added that the modular buildings could easily be repurposed for non-gaming commercial uses if the prohibition stands.

Patrick Bergin, an attorney for Scotts Valley, rejected that argument, noting the difficulty of converting a site explicitly planned and built for gaming into something like an auto dealership.

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“It would be crazy to say that these cases are positive for the industry,” he says. “They will no doubt continue, but as an industry we need to try to reduce their frequency.”

Enforcement publicity may lack context, and some settlements may involve errors rather than systemic recklessness. But the sector cannot control how its opponents use these cases. It can only reduce the supply.

At a moment when the industry needs to persuade politicians that regulated gambling is capable of managing risk responsibly, repeated failures in long-established areas such as AML and safer gambling amount to political self-harm.