Whether you are interested in online gambling or not, you should be aware of the laws. The federal government has criminal statutes that are implicated by illegal Internet gambling. These are the Wire Act, the Travel Act, and the Illegal Gambling Business Act.
Several states have legalized online gambling. In Nevada, for example, online poker is currently up and running. Other states may follow suit. Some banks may refuse to process online gambling transactions in certain countries.
Currently, the United States only has three states that allow online gambling: Pennsylvania, West Virginia, and New Jersey. The Internet Gambling Regulation, Consumer Protection Act of 2013 would create a federal standard to regulate online gaming. It would also establish a new office of “gambling oversight” attached to the Treasury Department.
One of the main arguments for the Internet Gambling Regulation, Consumer Protection Act of 2013, is that a common federal standard will make it easier to legalize and expand the online gambling industry. Some state officials have expressed concern that the Internet could be used to bring illegal gambling into their jurisdictions. This could frustrate their enforcement policies.
Some attacks on the government’s ability to enforce gambling laws have focused on the Commerce Clause. These attacks have been successful in some cases, but not in others. However, the commercial nature of the gambling business has helped to ease some of the lingering doubts about the Constitution’s power to govern.
Other constitutional objections have been raised on the First Amendment’s guarantee of free speech. In Lawrence and Earle, the courts held that state laws that barred certain forms of sexual conduct at home constituted a First Amendment right.