Legal issues

Update! See our special section on the Unlawful Internet Gambling Enforcement Act of 2006.

In the U.S., federal and state laws are unclear, confusing and contradictory in what they have to say about online gambling. The legal situation for online poker is murkier still, since unlike an online casino or sports book the poker site operator does not bet against the customers. Most of the existing laws, such as the 1962 Wire Act, are aimed at the operators of the gambling business, not the customers. The links below give a good summary of the current legal thinking in the US.

Gambling and the Law is I. Nelson Rose's comprehensive collection of articles and legal references.

• Analysis of the Unlawful Internet Gambling Enforcement Act
• Is It A Crime To Play Poker On-line
• If Betting Is Not A Crime Is It Legal?
• Big Brother (The IRS) Is Watching

Gambling Law US is Chuck Humphrey's up-to-date survey of federal and state laws on gambling and gaming, both online and off. Some good articles:

• Where Are You, Internet? Here! covers questions of jurisdiction for internet gambling.
• Is Playing Online Poker in California Legal?
• Wire Act Violation: Internet v. Telephone
• W-2Gs: Debunking the Big Lie

Allyn Jaffrey has written a collection of articles for Online Poker News. Some interesting ones:

• Analysis of the Unlawful Internet Gambling Enforcement Act
• The 1961 Federal Interstate Wire Act does not Prohibit Online Poker
• 2003 Legal Overview 1995-Present

The Nevada Attorney General's Office published Internet Gambling in Nevada: Overview of Federal Law Affecting Assembly Bill 466: "This article attempts to provide an overview of the various federal statutes that may affect the legality of on-line gaming." See also Chuck Humphrey's hand-picked excerpts from this article.

The Department of Justice CyberCrime Division maintains records of federal testimony regarding online gambling. This includes a section titled "How can the Department prosecute Internet gambling under existing law?".

Gamble on the Net's Legal Issues page has more links.