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Online Gaming Industry Balancing Tech Evolution With Regulatory Constraints

May 18, 2023
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Suppliers and regulators continue to grapple with the challenges of specific rules governing gaming technology while adapting to a constantly changing tech landscape in other areas such as cybersecurity.

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Suppliers and regulators continue to grapple with the challenges of specific rules governing gaming technology while adapting to a constantly changing tech landscape in other areas such as cybersecurity.

During a panel discussion at SBC Summit North America last week, gaming executives and regulatory officials spoke about the benefits of outcomes-based regulation rather than mandating more specific technical requirements.

鈥淭he minute the regulations get super specific 鈥 it hurts the industry rather than helps them,鈥 said Kunal Mishra, chief operating officer of Toronto-based technology provider Bragg Gaming.

鈥淔rom our perspective, we want to be able to keep up with the leading advances in technology to be able to really secure the industry more and more.鈥

One example Mishra pointed to are the benefits of cloud-based technology rather than physical servers that are typically required by law in U.S. states.

鈥淭here鈥檚 a lot of regulated industries, like insurance and things like that, that also use the cloud from AWS and Azure and everyone like that,鈥 Mishra said. 鈥淎 lot of times in the gaming space, we鈥檙e required to have servers in the state.

鈥淭hat may be a good thing, but over time, you have to understand Amazon, Microsoft and all the other companies in the space are investing a lot more because they have a million times more volume, they see a million times more of the issues, and they can develop the countermeasures a lot faster.鈥

Afshien Lashkari, engineering manager for the New Jersey Division of Gaming Enforcement (DGE), also spoke about the benefits of outcomes-based regulation in certain situations.

鈥淭here鈥檚 definitely areas that it鈥檚 advantageous if it鈥檚 more outcome driven, because as technology changes, if you get specific with certain regulations, you鈥檙e not going to account for how quickly technology changes, and it鈥檚 going to be a little bit harder to include those enhancements,鈥 Lashkari said.

In addition, the DGE official highlighted collaboration with operators as crucial in terms of sharing expertise to maximize protections in areas such as cybersecurity.

Lashkari also said that another key factor was establishing consistency across different gaming jurisdictions.

鈥淸Consistency is] a very crucial concept when it comes across the various jurisdictions because at the end of the day, you could have tremendous best practices implemented in one jurisdiction but if that operator is not implementing those same best practices in other jurisdictions, it鈥檚 going to leave that potential vulnerability available, whereas if there was consistency across all jurisdictions, it鈥檚 a lot more secure to the patrons.鈥

Other gaming regulation experts are on the same page.

鈥淲e鈥檝e got however many states doing different things, and what makes it really challenging is that you might take that approach or you have prescribed to do something x, y, z but then Indiana or Ohio does it differently,鈥 said Sara Tait, a partner at the Ice Miller law firm who previously served as executive director of the Indiana Gaming Commission. 鈥淎nd so these companies have a patchwork, which is hard.鈥

Tait also pointed out the financial realities of how some companies may look at the differing regulations applied to sports betting across the U.S.

鈥淭his is a very low margin business, right, and everybody鈥檚 fighting for market share, and the cost of compliance is extremely high.鈥 Tait said. 鈥淎nd if you can save ten grand by not doing New Jersey鈥檚 best practice in three other states, they might make that business decision not to do it.鈥

Still, Mishra warned that the consequences of cybersecurity failings could have far-reaching implications for the industry as a whole.

鈥淭he bad actors in iGaming can shut the industry down,鈥 he said. 鈥淲hen you鈥檙e in a land-based casino, you get one bad actor, I mean, they can do some damage, but the reality is that鈥檚 a completely closed loop system.

鈥淭hat鈥檚 one of the reasons why we have to be working in a very collaborative manner with the regulators and the regulators have to beef up their own expertise, much like we have to be beef up our own expertise to make sure that when we talk about common sense tech solutions in place, we can actually work within the framework to accomplish and accommodate those solutions rather than going, we need to have a change.

鈥淪ix months in tech is an eternity, it鈥檚 an absolute eternity, and there can be a lot of problems in the industry in that time.鈥

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