Until recently, online gambling was a subject of great controversy. Scams, deception, and fraudulent casinos plagued the industry. Some states banned or restricted online gambling, while others have passed legislation to allow it. The most recent of these cases has involved a criminal charge against the operators of Internet poker sites. The charges are based on violations of the Unlawful Internet Gambling Enforcement Act (UIGEA), which prohibits the acceptance of financial instruments in connection with illegal Internet bets.
The UIGEA has been challenged on constitutional grounds. However, a number of arguments have been raised in support of its legislative power under the Commerce Clause. These arguments, although primarily based on the guarantee of free speech, have had little success.
The Commerce Clause’s due process clause is also a subject of controversy. Some argue that the commercial nature of the gambling business is sufficient to satisfy these arguments. Other arguments have questioned the power of the Commerce Clause to prohibit the operation of gambling businesses, especially where such activities involve financial transactions in the United States. This has led to debates about the scope of federal authority to regulate the business https://www.foremanhs.org/.
The UIGEA also contains a carve-out for games of skill. This includes sports betting, casino games, and the lottery. The law does not prohibit the use of virtual poker or the internet for other purposes. These actions, however, are subject to the state’s approval. The CRS Report RS21984 is a resource for this discussion. It provides citations to state gambling laws, along with text of those statutes. It is also available in abridged form.
The Internet Gambling Regulation, Consumer Protection Act of 2013 would set a common federal standard for online gambling. This would make the industry easier to regulate. It would also create an office of “gambling oversight” that would be attached to the Treasury Department. It is expected that the new office would monitor the activities of online casinos and other gambling websites. This office would also prevent fraudulent activities, including money laundering. It is also hoped that the Office of Consumer Protection could assist state agencies with the regulation of online casinos.
The Lopez Amendment is another piece of federal legislation that addresses commercial activity. It is designed to ensure that the gambling business is not allowed to operate at the low levels that are currently prevalent. It includes elements to identify low-level cases and weed them out. It also comes with Congressional findings on the impact of the commercialization of gambling on interstate commerce.
Some state officials have expressed concerns that the internet could be used to bring illegal gambling into their jurisdictions. These concerns have been bolstered by a number of cases, some of which have been brought on constitutional grounds. These have included United States v. K23 Group Financial Services and United States v. Nicolaou. In the latter case, five individuals placed bets in an online sportsbook, totaling over $2,000 on a single day. The United States marshals then seized these funds, which were then distributed to charitable groups. The United States also seized ad revenues from Tropical Paradise, a Costa Rican casino.
