W. Va. Code R. § 179-10-2

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 179-10-2 - Definitions

The following words and terms, when used in this rule, shall have the following meanings unless the context clearly indicates otherwise:

2.1. "Account Creation Log" means a cumulative data set where each entry is date and time stamped and it identifies each newly created account or any account deletion. An Account Creation Log includes all information necessary to identify who performed the action and the identity of the patron.

2.2. "Act" means the West Virginia Lottery Interactive Wagering Act, W.Va. Code § 29-22E-1 et seq.

2.3. "Adjustments Log" means a cumulative data set where each entry is date and time stamped, identifies the user ID of the staff performing the action, a description of the event or action taken, and the initial (before) and final (after) values of any data altered as a part of the event or action taken.

2.4. "Anti-Money Laundering (AML)" means systems or processes to detect suspicious transactions or activities concealing the origins of money obtained illegally.

2.5. "Authentication process" means a method used by a system to verify the validity of software. Such method requires the calculation of an output digest, which is compared to a secure embedded value. The output digest shall be of 128-bit complexity, at a minimum. Software shall be deemed to have been authenticated if the calculated digest equals the secure embedded value.

2.6. "Authorized interactive game" means any game authorized by the Commission for use with an interactive gaming system.

2.7. "Automated Clearing House (ACH)" means a network that connects all banking and financial institutions within the United States.

2.8. "Backup Data" means off system storage of programs and data that can be restored to resume operations in another location by installation of new hardware and operating system software.

2.9. "Cheating device" means a device, software, or hardware used or possessed with the intent to obtain an unfair advantage through fraud or deceit during the operation or play of any authorized interactive game. The term also includes any device used to alter an authorized interactive gaming or interactive gaming device or system without the interactive gaming operator's or interactive gaming management services provider's approval.

2.10. "Communication technology" means any method used as well as the components employed to facilitate the transmission and receipt of information, including transmission and reception by systems using wire, wireless, cable, radio, microwave, light, fiber optics, satellite or computer data networks, including the internet and intranets.

2.11. "Confidential Player Account Information" means player account balances and any personally identifiable information (PII) contained within the interactive gaming system.

2.12. "Content Delivery Network" means a geographically distributed network of servers and their data centers.

2.13. "Contest" means an authorized interactive game competition among players for cash, cash equivalents or prizes.

2.14. "Customer Service Representative" means an employee of an interactive gaming operator, management services provider or a supplier who has access to confidential player account information and has the ability to modify or adjust account data or PII.

2.15. "Data warehouse" means a system of one or more servers, located in West Virginia, for the purpose of storing transactions received from the primary gaming equipment.

2.16. "Deposit Account" means the financial instrument by which a patron originally funds their interactive gaming account.

2.17. "Director' means the Director of the West Virginia State Lottery Commission, appointed pursuant to W.Va. Code § 29-22-6.

2.18. "Dormant account" means an interactive gaming account, which has had no patron initiated activity for a period of sixteen (16) months.

2.19. "Funds on game" means the sum of pending wagers and funds transferred to a game not yet wagered, less pending wins.

2.20. "Game Availability Log" means a cumulative data set in which each entry is date and time stamped and documents the identification of the software program and the identity of the person making the change for each software program that is included in the principal gaming system.

2.21. "Game server" means the server that contains game software and control programs.

2.22. "Hardened System" means designing a system architecture whereby key servers/processes are duplicated and synchronized together to provide fault tolerance and minimize single points of failure, An example includes the use of duplicate Structured Query Language (SQL) servers that are synchronized, in the event of a failure control can be switched to the other server(s) in near real time.

2.23. "Interactive gaming" means, in addition to the definition set forth in W.Va. Code § 29-22E-3(17), the placing of wagers through a server-based gaming system using a computer network of interoperable packet switched data networks through which the operator may offer authorized interactive games to a patron who has established an interactive gaming account. Interactive gaming can be used with an Android or IOS device using an application ("App") or through an internet web browser on any supported device using software such as, but not limited to, Internet Explorer, Firefox and Google Chrome. "Interactive gaming" is synonymous with "i-Gaming."

2.24. "Interactive gaming account" means a financial record established by an operator or its management services provider for an individual patron in which the patron may deposit and withdrawal funds for interactive gaming and to which the operator or its management services provider may credit winnings or other amounts due to that patron or authorized by that patron.

2.25. "Interactive gaming management services provider" means an interactive gaming licensee authorized to operate interactive gaming on behalf of or in partnership with an interactive gaming operator. "Interactive gaming management services provider" is synonymous with "management services provider" or "MSP."

2.26. "Interactive gaming manager" means an employee(s) of an interactive gaming operator or management services provider who is responsible for the oversight and reporting of interactive gaming at a licensed gaming facility.

2.27. "Interactive gaming network" means the linking of patrons of one or more interactive gaming operators to participate in peer-to-peer gaming.

2.28. "Interactive gaming operator" means a licensed gaming facility that has elected to operate authorized interactive gaming activities or an interactive gaming system on its own or in partnership with an interactive gaming management services provider. An "interactive gaming operator is synonymous with "operator."

2.29. "Interactive gaming system" means all hardware, software, and communications that comprise a type of server-based gaming system for the purpose of offering authorized interactive games.

2.30. "MICS" means the Minimum Internal Control Standards established by the Commission pursuant to W.Va. Code § 29-22E-15(e) that determine how interactive gaming systems are to be designed, operated and controlled.

2.31. "Multi-factor authentication" means a type of strong authentication that uses two of the following to verify a patron's identity:

2.31.1. Information known only to the patron, such as a password, pattern, or answers to challenge questions;

2.31.2. An item possessed by a patron such as an electronic token, physical token or an identification card; or

2.31.3. A patron's biometric data, such as fingerprints, facial or voice recognition.

2.32. "Patron device" means any device that is used to interact with a gaming system for the purpose of conducting server-based gaming activity.

2.33. "Patron session" means the period of time when a patron is logged on to an interactive gaming system.

2.34. "Peer-to-peer gaming" means all gaming activity, such as poker, in which patrons compete against each other, and the interactive gaming operator receives a rake.

2.35. "Pending wager account" means the account maintained by a server-based gaming system that holds the total balance of all wagers pending disposition and all other funds attributable to uncompleted games.

2.36. "Personally identifiable information" or "PII" means any data that could potentially be used to identify a particular person. Examples include, but are not limited to, a full name, Social Security Number, driver's license number, birth date, age, bank account number, credit card number, debit card number, and email address. Generally two or more of these can identify a specific person depending on the uniqueness of the identifiers within a specific geographic area.

2.37. "Primary interactive gaming equipment" means all hardware, software, and other technology or equipment of any kind determined by the Director to be necessary for the conduct of an authorized interactive game within the boundaries of the State of West Virginia.

2.38. "Prohibited interactive gaming participant" means any individual who is prohibited from wagering pursuant to:

(1) any self-exclusion list or a casino or Commission exclusion list;

(2) any individual whose participation may undermine the integrity of the wagering or who is excluded from wagering for other good cause, including but not limited to, an attempt to place a wager as an agent or a proxy;

(3) any employee of the Commission; or

(4) a licensed interactive gaming operator or any of its employees placing a wager with that interactive operator in violation of W.Va. Code §§ 29-22E-1 et seq.

2.39. "Promotion Log" means a cumulative data set where each entry is date/time stamped and it identifies each promotion and the current terms of that promotion and the identity of the person from the operator's staff who authorized the promotion.

2.40. "Promotional Credit" means any amount credited to a patron by an interactive gaming operator or MSP, without charge, to be included in a patron's wager.

2.41. "Rake" means that portion of the patrons' wager that is taken by the operator.

2.42. "Random Number Generator (RNG)" means a computer program that produces random numbers in a periodic series that are used to determine outcomes in i-Gaming that depend on random chance.

2.43. "Redundant System" means a duplication of the Primary System in a separate data center including real time replication of all data and configuration files from the Primary System to the redundant system thus permitting a faster return to operations than rebuilding a system from backup data.

2.44. "Registrant" means an interactive gaming marketing affiliate whose services are limited to click on ads or links for the sole purpose of steering a patron to an interactive gaming site to sign up for a new interactive gaming account.

2.45. "Remote Gaming System (RGS)" means hardware and software used to provide authorized games to patrons in conjunction with an interactive gaming system, which may be a standalone system or integrated within another part of the interactive gaming system.

2.46. "Restricted interactive gaming credit" means interactive gaming funds that cannot be cashed out until a wagering requirement or other restriction associated with those funds is met in accordance with disclosed terms and conditions.

2.47. "Secure transaction file" means a financial record that contains data, which is unalterable and cannot be modified without detection.

2.48. "Server-based gaming" means all gaming activity conducted via a patron device where a random number generator determines the outcome of a game maintained on a server or a dealer-verified outcome from a simulcast table game .

2.49. "Server-based gaming system" means all hardware, software, and communications that comprise a system utilized for the purpose of offering electronic versions of authorized casino games where material aspects of game functionality occur at the server level.

2.50. "Significant system" means a hardware or software system that communicates directly with the i-Gaming system to provide services including, but not limited to, payment processing, player authentication (also known as "know your customer" or "KYC"), geolocation services and other systems as determined by the Commission to have significant integration with the i-Gaming system.

2.51. "Software installation/removal Log" means a cumulative data set where each entry is date and time stamped and documents the identification of the software and the identity of the person performing the action.

2.52. "Stateful protocol" means a protocol in which the communication system utilized between the player and the i-Gaming servers tracks the state of the communication system.

2.53. "Stateless protocol" means a protocol [computer code or file] in which neither the player nor the i-Gaming communication systems track the state of the communication of the communication system.

2.54. "Strong authentication" means a method that has been approved by the Commission to provide better security than a user name and password alone.

2.55. "Suspended account" means an interactive gaming account that has been temporarily disabled from engaging in wagering activity.

2.56. "Table game simulcasting system" means a system to provide live interactive gaming in conjunction with a server-based gaming system, whereby the patron views video content pertaining to gaming activities while wagering.

W. Va. Code R. § 179-10-2