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Friday, April 29, 2005
Online Poker and United States Law.
Poker Online and United States LawThe direct answer to the title question is: I don't know. I'm not an attorney, a Justice Department official, nor a Supreme Court Justice. Nothing here should be seen as legal advice. What is here is a collection of the best information on this subject that I have been able to find. Use it as you will.
Several recent events have brought attention to the legal standing of online wagering in general. The first thing to understand is the skill game of poker is not the same as sports betting nor even "random chance" casino games like craps and roulette. It may be treated the same eventually, but it may not. Legal precedent for a lot of this simply does not exist. As of this writing, no person has been charged, let alone brought to trial, let alone convicted, let alone sentenced for playing online poker. But this does not guarantee one or more of these things will not happen in the future.
According to Professor I. Nelson Rose, one of the world’s leading authorities on gambling law: "no United States federal statute or regulation explicitly prohibits Internet gambling, either domestically or abroad." Still, the US government has taken the position that certain things are illegal, and more importantly, certain things are worthy of prosecution. The Wire Act is the statute most often cited as making on-line gambling a federal offense. The operative subsection reads: "Whoever being engaged in the business of betting or wagering knowingly uses a wire communication facility for the transmission in interstate or foreign commerce of bets or wagers or information assisting in the placing of bets or wagers on any sporting event or contest, or for the transmission of a wire communication which entitles the recipient to receive money or credit as a result of bets or wagers, or for information assisting in the placing of bets or wagers, shall be fined under this title or imprisoned not more than two years, or both."
posted by poker online at 10:24 AM  
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