Gambling Law: An Overview

• New Online Gaming Laws
• Online Gambling Laws Georgia
• Online Gaming Laws Australia

Gambling, though widespread in the United States, is subject to legislation at both the state and federal level that bans it from certain areas, limits the means and types of gambling, and otherwise regulates the activity.

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Congress has used its power under the Commerce Clause to regulate interstate gambling, international gambling, and relations between the United States and Native American territories. For example, it has passed laws prohibiting the unauthorized transportation of lottery tickets between states, outlawing sports betting with certain exceptions, and regulating the extent to which gambling may exist on Native American land.

Each state determines what kind of gambling it allows within its borders, where the gambling can be located, and who may gamble. Each state has enacted different laws pertaining to these topics. The states also have differing legal gambling ages, with some states requiring the same minimum age for all types of gambling, while for others, it depends on the activity. For example, in New Jersey, an 18-year-old can buy a lottery ticket or bet on a horse race, but cannot enter a casino until age 21. Presumably, the age 21 restriction is due to the sale of alcohol in that location.

A standard strategy for avoiding laws that prohibit, constrain, or aggressively tax gambling is to locate the activity just outside the jurisdiction that enforces them, in a more 'gambling friendly' legal environment. Gambling establishments often exist near state borders and on ships that cruise outside territorial waters. Gambling activity has also exploded in recent years in Native American territory. Internet-based gambling takes this strategy and extends it to a new level of penetration, for it threatens to bring gambling directly into homes and businesses in localities where a physical gambling establishment could not conduct the same activity.

Internet Gambling

New Online Gaming Laws

Federal Regulation

In the 1990s, when the World Wide Web was growing rapidly in popularity, online gambling appeared to represent an end-run around government control and prohibition. A site operator needed only to establish the business in a friendly offshore jurisdiction such as the Bahamas and begin taking bets. Anyone with access to a web browser could find the site and place wagers by credit card. Confronted with this blatant challenge to American policies, the Department of Justice and Congress explored the applicability of current law and the desirability of new regulation for online gambling.

In exploring whether an offshore Internet gambling business taking bets from Americans violated federal law, attention was focused on the Wire Act, 18 U.S.C. § 1084 (2000). The operator of a wagering business is at risk of being fined and imprisoned under the Wire Act if the operator knowingly uses a 'wire communication facility' to transmit information related to wagering on 'any sporting event or contest.' 18 U.S.C. § 1084(a). An exception exists if that act is legal in both the source and destination locations of the transmission. § 1084(b). The Wire Act’s definition of “wire communication facility” appears to embrace the nation's entire telecommunications infrastructure, and therefore probably applies to online gambling. See § 1081.

The Department of Justice maintains that, under the Wire Act, all Internet gambling by bettors in the United States is illegal. U.S. House of Representatives Committee on the Judiciary Hearing on Establishing Consistent Enforcement Policies in the Context of Online Wagers, 110th Cong., Nov. 14, 2007 (testimony of Catherine Hanaway, U.S. Attorney (E.D. Mo.), Dept. of Justice). The Fifth Circuit disagreed, ruling that the Wire Act applies only to sports betting, not other types of gambling. In re MasterCard Int’l Inc., 313 F.3d 257 (5th Cir. 2002).

In 2006, Congress passed the Unlawful Internet Gambling Enforcement Act, which made it illegal for wagering businesses to knowingly accept payment in connection with unlawful Internet gambling (though it does not itself make Internet gambling illegal). 109 Pub. L. 109-347, Title VIII (Oct. 13, 2006) (codified at 31 U.S.C. §§ 5301, 5361–67). It also authorizes the Federal Reserve System to create regulations that prohibit financial transaction providers (banks, credit card companies, etc.) from accepting those payments. See 31 U.S.C. § 5363(4). This Act, along with threats of prosecution under the Wire Act from the Department of Justice, has caused several Internet gambling businesses to withdraw from the U.S. market.

Online Gambling Laws Georgia

In response, House Representatives introduced multiple bills in 2007 to soften federal Internet gambling law. If passed, the Internet Gambling Regulation and Enforcement Act and the Internet Gambling Regulation and Tax Enforcement Act would license, regulate, and tax Internet gambling businesses rather than prohibit them from taking bets from the United States. Alternatively, the Skill Game Protection Act would clarify the Wire Act to exempt certain games such as poker and chess.

State Regulation

In addition to federal measures, some states have enacted legislation to prohibit some types of Internet gambling. In 2006, Washington State amended its Code to make knowingly transmitting or receiving gambling information over the Internet a felony. See Wash. Rev. Code § 9.46.240 (2006). Other states with similar prohibitions have made it a misdemeanor instead. See e.g., 720 ILCS 5/28-1 (2007).

States have not been particularly active in enforcing these laws, possibly due to a conflict with the dormant Commerce Clause doctrine. That doctrine theorizes that state law applying to commerce outside the state’s borders is unconstitutional because that power lies with federal, not state, government. In particular, federal preemption has obstructed states’ attempts to regulate gambling activity on Indian reservations within state borders. See Missouri ex rel. Nixon v. Coeur D’Alene Tribe, 164 F.3d 1102 (8th Cir. 1999). The federal Indian Gaming Regulatory Act, 25 U.S.C. § 29 (2000), governs gambling activity on Indian reservations, but the extent to which it and other federal gambling laws preempt state action in the Internet arena is uncertain.

menu of sources

Federal Material

U.S. Constitution and Federal Statutes

• U.S. Code: Title 15, Chapter 24: Transportation of Gambling Devices
• U.S. Code: Title 15, Chapter 57, Interstate Horseracing
• U.S. Code: Title 18, Chapter 50: Gambling
• U.S. Code: Title 18, Chapter 61: Lotteries
• 18 U.S.C. §1953 (Interstate Transportation of Wagering Paraphernalia Act)
• 18 U.S.C. §1955 (Illegal Gambling Business Act of 1970)
• 25 U.S.C. §§2701-2721 (Indian Gaming Regulatory Act)
• U.S. Code: Title 28, Chapter 178: Professional and Amateur Sports Protection
• Code of Federal Regulations: Title 25, Chapter 3: National Indian Gaming Commission, Department of the Interior
• Proposed Internet Gambling Prohibition Act of 1997 (not passed)

Federal Judicial Decisions

• Greater New Orleans Broadcasting Association, Inc. v. United States, 527 U.S. 173 (1999)
• Ratzlaf v. United States, 510 U.S. 135 (1994)
• Chickasaw Nation v. United States, 534 U.S. 84 (1999)

Online Gaming Laws Australia

State Material

Other References

• '14 Charged in Internet Betting' (Washington Post, March 5, 1998)

• wex

Gaming law is the set of rules and regulations that apply to the gaming or gambling industry. Gaming law is not a branch of law in the traditional sense but rather is a collection of several areas of law that include criminal law, regulatory law, constitutional law, administrative law, company law, contract law, and in some jurisdictions, competition law. At common law, gambling requires consideration, chance and prize, legal terms that must be analyzed by gaming lawyers within the context of any gaming operation.^[1]

Gaming law is enormously complex. In the United States, it involves federal and state law considerations.^[2][3] In Canada, it involves federal and provincial law considerations, in a variety of legal disciplines.^[4]

United States[edit]

In the United States, illegal gambling is a federal crime if it is done as a business.^[2] However, each of its states has its own laws regarding the regulation or prohibition of gambling.^[3] States that permit such gaming usually have a gaming control board established to oversee the regulation of the industry, such as licensing of those employed in the gaming industry. States that permit casinos and similar forms of gaming often have strict zoning regulations to keep such establishments away from schools and residential areas.

Ukraine[edit]

Parliament outlawed gambling in 2009 after a May 2009 fire in a gambling hall in Dnipropetrovsk that killed nine people. The Ukrainian parliament passed the law 'On Prohibition of Gambling Business in Ukraine' (Gambling Ban Law) banning gambling business and any participation in gambling in Ukraine on May 15. The President of Ukraine Viktor Yushchenko signed the law on June 23 and on June 25 it came into force. The Law On Prohibition of Gambling Business in Ukraine also applied to internet casinos, it did not apply to lotteries.Parliament legalised gambling again on 14 July 2020. Albeit with regulations and age restrictions (minimum age of 22).^[5]

Other jurisdictions[edit]

• Gambling Act 2005 (UK)
• Gaming Act 1845 (UK, repealed)
• Interactive Gambling Act 2001 (Australia)

See also[edit]

References[edit]

1. ^Rose, I. Nelson; Owens, Martin D., Jr. (2009). Internet Gaming Law(PDF) (2 ed.). Mary Ann Leibert, Inc. Publishers. pp. 11–13. ISBN9781934854129. Retrieved 24 September 2017.
2. ^ ^abFor federal law, see, e.g., '18 U.S. Code § 1955 - Prohibition of illegal gambling businesses'. Legal Information Institute. Cornell Law School. Retrieved 24 September 2017.
3. ^ ^abHumphrey, Chuck. 'State Gambling Laws'. Gambling Law US. Archived from the original on 7 October 2011. Retrieved 24 September 2017.
4. ^Hincer, Illkim (1 November 2016). 'Gaming in Canada: overview'. Practical Law. Thomson Reuters. Retrieved 24 September 2017.
5. ^https://www.unian.info/economics/legislation-ukraine-s-parliament-legalizes-gambling-11073944.html

External links[edit]

• Center for Gaming Research at the University of Nevada, Las Vegas; produces reports, papers, and a monthly update