Online gambling has become a major industry. Millions of people play games on a variety of different platforms every day. The growth of this industry has been largely due to technology, with more options for gamers and the ability to place bets from the comfort of their own homes. However, this has created some legal concerns. Gambling is illegal under the Illegal Gambling Business Act, as well as several other federal criminal statutes. These laws are based on the premise that Internet gambling is an unlawful activity.
Some state officials have expressed concern that Internet-based gambling could move into their jurisdictions. They have also expressed concerns that the federal government would be able to punish those who engage in Internet-based gambling. While this has been a challenge, the federal government has been able to thwart most of these attempts.
In December of 2002, the Marquette Sports Law Journal published a paper titled “Internet Gambling: Overview of Issues”. This article focuses on a number of issues surrounding the Internet gambling industry. It is not intended to discuss Rewis, although there are several references to the case.
Several states, including Washington, have banned websites that advertise gambling. Other state officials have raised due process concerns, such as those related to the regulation of activities occurring in part overseas. Those who advocate a ban have pointed to the First Amendment’s guarantee of free speech. Nonetheless, these arguments have not proven effective.
One major issue is the fact that gambling, like any other activity, involves a risk of loss. Even if a person doesn’t lose money, he or she is still at risk for having their identity stolen or for being a victim of fraud. There is a strong commercial nature to the gambling business, but questions regarding the government’s authority to regulate it have arisen.
Another issue is the fact that Internet casinos are subject to the Travel Act. Under the Travel Act, it is illegal to conduct gambling or gambling-related activities on interstate commerce. Specifically, the statute applies to players who use facilities in more than one state to engage in unlawful activities. For example, when a New York resident places a bet on a soccer match on the Internet, that constitutes gambling in New York State.
In addition, Internet-based sports betting is illegal under the Wire Act. According to the Wire Act, it is unlawful to conduct gambling on the outcome of a contest or chance.
The Commerce Clause has also been used as a basis to challenge the government’s ability to regulate Internet-based gambling. Although attacks on the principle of free speech have failed, those based on the Commerce Clause have been less successful.
Regardless of the arguments made on any of the above grounds, the Federal Communications Commission and the State of New York have taken steps to regulate internet gambling. These include requiring that online casinos use appropriate data security standards and age verification. Additionally, the Federal Communications Commission may shut down or restrict the furnishing of facilities and the leasing of facilities.