The legality of online gambling in the United States is a matter of debate. Some people perceive it as a way to entertain themselves, while others consider it a threat to their health and well-being. In either case, gambling is covered by state and federal legislation.
On the federal level, there are various federal criminal statutes that are implicated in illegal gambling on the internet. This includes the Unlawful Internet Gambling Enforcement Act (UIGEA), the Gambling Devices Transportation Act, and the Johnson Act.
A few states, including Arizona, Idaho, Kentucky, Nevada, New Jersey, and Wisconsin, prohibit gambling. However, there are twenty states that allow residents to wager on poker sites and online sports betting. These states also regulate the games.
In 2013, New Jersey became the first state to permit online casinos. Since then, internet casinos have generated over $80 million in revenue. New York State is taking note of this success. Several initiatives have been proposed to re-form iGaming laws in the state.
Despite the success of these efforts, there have been many constitutional concerns about the government’s ability to enforce the law. These concerns are often based on the Due Process Clause.
Unlike the Commerce Clause, there is no constitutional protection for gambling on a person’s home. This could pose problems for states looking to enforce their laws. Additionally, due process concerns are raised about regulating activities that take place overseas, particularly when some of the transactions are conducted in the United States.