In the late 1990s, online gambling gained popularity. At that time, there were about fifteen websites offering gaming services. Those include live casinos, virtual poker, slots, and sports betting. Although there is no universal law regulating the burgeoning online gambling industry, some countries and provinces in Canada allow it, while others have outlawed it. Online gambling is legal in most countries of the European Union and some Caribbean nations.
One of the most significant issues regarding Internet gambling has been whether it is legal in the United States. While some states allow it, the Department of Justice maintains that all forms of Internet gambling are illegal. However, several state laws enacted since the 1990s do not make the legality of Internet gambling a crime. Moreover, some states have been slow to enforce their Internet gambling laws.
As the Internet’s ubiquity and popularity have increased, state officials have expressed concerns that it can be used to bring in illegal gambling into their jurisdictions. The federal government is often called upon to police these activities, but the question of who has the authority to decide is not always a straightforward one. Some argue that the federal government has no authority to pass Internet gambling legislation. This is particularly true in the case of Indian reservations, which are subject to federal preemption.
Another notable issue is how to tax the online gambling industry. France, for instance, has proposed a new law to tax internet gambling. Also, the federal government has attempted to block state efforts to regulate the industry by blocking the passage of the PASPA Act, which was intended to repeal the states’ anti-gambling laws.
A related question is whether the Department of Justice has the legal authority to regulate Internet gambling. The question arises because of a dormant Commerce Clause doctrine. If the federal government has the legal authority to control such activities, states have no incentive to enact their own.
The first major online gambling venue for the general public was the Liechtenstein International Lottery. It is unclear how that particular site came to be. Other venues have included the Kahnawake Gaming Commission in the Mohawk Territory, which has issued gaming licenses to many online gambling companies.
On the other hand, the law has been challenged on a number of constitutional grounds. For example, it is not clear that the federal government can prohibit online gambling by using the wire act to compel Internet service providers to block wagering on the Internet. Likewise, there are arguments that state-level action to prevent and prosecute illegal Internet gambling is in violation of the First Amendment’s guarantee of free speech. Despite this, a growing number of states have begun to implement online gambling laws.
Several bills have been introduced in the House and Senate. These include a pair of proposals by Senators Bob Goodlatte and Jon Kyl that would have restricted online gambling activities. Although these proposals were not enacted, they served as a launching pad for a debate about the legality of Internet gambling.
