Until the passage of the Internet Gambling Regulation, Consumer Protection Act (IGCRA) in 2013, there was no common federal standard for online gambling. However, three states – Nevada, Pennsylvania, and New Jersey – have opted to regulate online gambling in some fashion.
While the federal government has not adopted a specific law that will ban or regulate online gambling, it has strengthened state laws through its enforcement of federal statutes. There are also numerous federal criminal statutes that are implicated by illegal online gambling. There are also issues related to the First Amendment, such as the ability of a crime to facilitate speech. There have also been attempts to restrict the government’s power to regulate Internet gambling on constitutional grounds.
IGCRA is a relatively new piece of federal legislation that was introduced by a Republican Congressman from New York. It is intended to regulate the online gambling industry by creating a new office of “gambling oversight” that would be housed within the Treasury Department. This office would be responsible for determining whether gambling activities are legal or not in each state. This would make it easier for the federal government to enforce the laws and prevent fraudulent activity. In addition, the law would include elements to help weed out low-level gambling cases.
The federal government has issued numerous admonishments to financial institutions and corporations that do business with illegal gambling enterprises. One example is PayPal, which was warned by the Attorney General that it could face prosecution for accepting financial instruments from illegal Internet bets. Another is American Banker, which reported that it had received reports of illegal online gambling transactions.
In response to these admonitions, many banks have begun to prohibit the processing of online gambling transactions in certain countries. Additionally, several states have begun to pass their own laws that make it illegal to engage in online gambling. Some of these laws may prohibit online poker, which is now operating in Nevada. In addition, some of the banks have begun to prohibit the processing of online betting transactions on the basis that they are a violation of federal banking regulations.
The IGCRA has not only been a source of controversy, but it has also been cited by courts as a constitutional objection to the government’s ability to prosecute Internet gambling. In the case of United States v. K23 Group Financial Services, the federal government alleged that the operators of an Internet poker site violated the Unlawful Internet Gambling Enforcement Act (18 U.S.C. 1955).
Aside from the UIGEA, IGCRA has also been cited in court by the Supreme Court in its decision in Interactive Media Entertainment and Gaming Ass’n v. Loyola of Los Angeles Entertainment Law Journal. There, the court ruled that it was improper to use interstate facilities to conduct unlawful activities, including, but not limited to, betting. The court also cited the Travel Act as a potential source of controversy.
While there is a risk that online gambling can lead to financial ruin, there are also many benefits. For example, players can participate in daily fantasy sports, where they can create teams and place wagers on a variety of games. These games include the National Football League (NFL), Major League Baseball (MLB), National Basketball Association (NBA), NCAA basketball, and National Hockey League (NHL). These games allow players to draft teams and then place wagers on them, allowing them to get paid and earn a profit.
