An Introduction to the Law of Internet Gambling
Gambling and the Law®: An Introduction to the Law of Internet Gambling I. Nelson Rose Abstract This article brings to gaming researchers, with or without a legal education, a roundup of major issues and problems in the unsettled field of Internet gaming. By citing laws, cases, articles and treatises this annotated essay leads the reader through the maze of confusion and contradiction that now clutters the legal scene. Topics touched on include: elements of gambling, Federal, state and local gambling regulation, organized crime implications, extraterritorial jurisdiction, police power and advertising. Conclusions are addressed to businesses considering the risks of operating Internet gambling web sites. Key Words: Internet gaming law, Wire Act, betting, pay-for-play, police power, advertising, organized crime Basic Question The question, "Is gambling on the Internet legal?" is by no means simple (Rose & Owens, 2005). Some state and federal law enforcement officials declare flatly, "Yes, it's all illegal." Yet with thousands of websites taking billions of dollars in wagers each year, fewer than 25 people have ever been prosecuted in the United States for online gambling. Most were bookies who were also taking sports bets by telephone. Only one was a regular player: Jeffrey Trauman, a car salesman and online sports bettor, pleaded guilty to "placing a wager over $500," a misdemeanor in North Dakota, was fined $500 and given a one-year deferred sentence (Rose, 2003); North Dakota Century Code). The day seems to have passed when advocates of the Internet would assert that it was something so new and different that there were no laws surrounding online activities, that the Internet is like the Wild West.
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