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Online Gambling Laws for United States Players

Updated - Tuesday January 26th, 2010

Online gambling laws in the United States are varied and complex. Attorneys that are experienced in the area of vice laws have trouble determining the laws that apply to online gambling. There are several reasons for this, state laws can conflict with federal jurisdiction, and the always evolving nature of internet casinos.

Laws have always been playing catch up with technology which can change very rapidly, laws do not have that ability and can tend to lead to vagueness and open interpretation. Laws governing online gambling originate in other pieces of legislation that have nothing to do with internet gambling. This can make the law very hard to interpret. The reluctance of some lawmakers to set a line with what is legal and what is not has made it difficult in determining the status of online gambling around the US. There are several laws that apply to Americans anytime they log on to their online gambling site.

The first of these laws is called the Federal Wire Act. The Federal Wire Act, or The Interstate Wire Act, was passed in 1961. Obviously this was well before anyone had even thought of the concept of the internet, and is one of the problems associated with laws that are later applied to areas they were not specifically designed for. However, this law has been applied because the Internet technically does serve the same purpose as an Interstate wire and was the closest legislation governing the Internet that was on the books. This law has been criticized vehemently and has rarely been applied to US citizens in prosecution for online gambling.

The other law that all US gamblers should be familiar with, and one that is much more topical compared to the above mentioned law, is the Unlawful Internet Gambling Enforcement Act. This law has also not been without its detractors and again falls short in the attempt to wholly regulate the online gambling industry. This act does not make online gambling itself illegal, but makes it illegal for financial institutions to transfer funds to an online gambling casino. This has caused many online casinos to stop accepting US players for fear of losing their gambling license. Many non-public online casinos still accept US players, because they do not feel they are subject to the new law.

The two above stated laws are only two in the ever changing online gambling scene in the United States and this is just on the federal level. State laws and various municipal codes can hamper a players ability to gamble online even more because the laws can conflict with federal jurisdiction and can make it more difficult for US players than any Federal law. Therefore, no one resource can outline specifically what will apply to any given player and it is up to the player to determine which laws apply.

by USAGambler.NET Team 

 


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