Online gambling is the placing of bets and wagers by a person using a computer connected to the Internet. There are many sites which offer sports betting and casino games. Various laws exist in various countries to regulate these activities.
In India, online gambling is illegal. But, there are still a few countries where it is legal. For example, in India, Goa and Nagaland allow government-operated gambling facilities.
Several states in the United States also have legislation on gambling, but the law differs from state to state. The Public Gambling Act of 1867 does not mention Online Gambling.
However, the First Amendment guarantees free speech. Therefore, the question of whether the government has the right to regulate gambling on the Internet has been raised on constitutional grounds.
Some of the arguments have been based on the Commerce Clause. However, these have had limited success. It has been argued that the commercial nature of the business should satisfy the Commerce Clause.
Other arguments have been based on the Due Process Clause. However, due process arguments have not been successful.
Moreover, the federal criminal statutes that have been implicated by illegal Internet gambling have been criticized on constitutional grounds. These include Section 1956 and the Travel Act.
Using the Internet to conduct unlawful Internet gambling has been criticized on the basis of the Commerce Clause. While the Commerce Clause has been questioned, the commercial nature of the gambling business has been able to withstand these objections.