Online Gambling and the Commerce Clause

Online Gambling

Until recently, the United States government enforced online gambling laws on a federal level. However, there have been several court cases that raise constitutional questions about the government’s ability to do so.

First, it is important to understand what constitutes “unlawful Internet gambling” under the law. This is a broad definition and can include any activity where a person places bets on an internet site, receives bets on an internet site, or uses any part of the internet for these activities.

Second, there are many different types of gambling. These include games of skill, sports betting, casinos, lotteries, and pool-selling. The act of gambling can also include activities such as bookmaking, maintenance of slot machines or roulette wheels, and selling chances.

Third, there are many legal distinctions between the various forms of gambling. For example, the US Supreme Court has ruled that the Professional and Amateur Sports Protection Act of 1992 does not apply to sports betting. In addition, many states have taken the opposite stance and allow residents to place bets on their favorite sports through the internet.

Fourth, there are laws on the books in each state that govern gambling. For example, in Ohio, there are no poker sites or other forms of online gaming. But there are some forms of online gambling already permitted in Ohio, including casino gaming and lotteries.

Fifth, there are also some legal issues that relate to the Commerce Clause. These arguments have been somewhat unsuccessful.