Online Gambling Is Illegal in the US

[LinusKS]

All the arguments over Federal legislation miss the point.

Gambling legislation is primarily the domain of the states, not the federal government. That's why you may be able to gamble in Las Vegas, but not in Omaha.

Even where gambling is legal - Las Vegas, for example - it's legal only to the extent it's specifically licensed by the state. Every casino on the strip has a license from Nevada. If it didn't have a license from Nevada, it wouldn't be legal to gamble there.

It's not any more legal for Party to offer games to Nevadans online, than it would be for Party to set itself up on the strip, without bothering to get a license from Nevada. The fact that Party has a license from Gibraltar (or wherever) makes not one gnat's ass worth of difference, as far as American law is concerned.

[Pog0]

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It's not any more legal for Party to offer games to Nevadans online, than it would be for Party to set itself up on the strip, without bothering to get a license from Nevada. The fact that Party has a license from Gibraltar (or wherever) makes not one gnat's ass worth of difference, as far as American law is concerned.

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For the players, sure.
For the site, their location obviously helps.

[Uglyowl]

America doesn't rule the world though.

[poorolrich]

Well, give George Bush time, then we will rule the World!!!!!!!!

[Blowup Doll]

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America doesn't rule the world though.

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[Benjamin]

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Gambling legislation is primarily the domain of the states, ...


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True enough.

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Even where gambling is legal - Las Vegas, for example - it's legal only to the extent it's specifically licensed by the state.

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I don't believe this is quite accurate. The state may outlaw all gambling by it's citizens, or some specific forms, or allow others only to be operated by licensees. Some states, for instance allow gambling at a home game, no license required.

If a state doesn't generally outlaw gambling by it's citizens, and it doesn't specifically outlaw online gambling by it's citizens, then online gambling may well be legal in that state, or it may be in a legal grey area where maybe an old law would be determined to apply in court, or maybe not.

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It's not any more legal for Party to offer games to Nevadans online, than it would be for Party to set itself up on the strip, without bothering to get a license from Nevada.

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Unless Nevada has passed laws specifically outlawing offshore companies from offering games in cyberspace to Nevadans then it's unlikely that Party's operations offshore are specifically covered by existing law.

Nevada has outlawed online gambling by it's citizens, if I'm not mistaken, but whether they've outlawed Party's offer is another question. I do know that many states have not yet passed legislation specifically concerning online gambling.

Party is offering games from their servers offshore in a locale where it is perfectly legal to do so. That offer extends to US citizens, but the offer isn't occuring in the US. And Party does not host games in the US. So, a law saying you can't host games in Nevada doesn't really apply.

B.

[LinusKS]

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Gambling legislation is primarily the domain of the states, ...


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True enough.

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Even where gambling is legal - Las Vegas, for example - it's legal only to the extent it's specifically licensed by the state.

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I don't believe this is quite accurate. The state may outlaw all gambling by it's citizens, or some specific forms, or allow others only to be operated by licensees. Some states, for instance allow gambling at a home game, no license required.

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That's true, but gambling at Party - or any online casino - is not a "home game."



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If a state doesn't generally outlaw gambling by it's citizens, and it doesn't specifically outlaw online gambling by it's citizens, then online gambling may well be legal in that state, or it may be in a legal grey area where maybe an old law would be determined to apply in court, or maybe not.

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What state are you talking about?

If there's a state that doesn't generally prohibit gambling, please tell me which one it is.

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It's not any more legal for Party to offer games to Nevadans online, than it would be for Party to set itself up on the strip, without bothering to get a license from Nevada.

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Unless Nevada has passed laws specifically outlawing offshore companies from offering games in cyberspace to Nevadans then it's unlikely that Party's operations offshore are specifically covered by existing law.

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I'm sorry, but this is a misconception.

What you're arguing is similar to saying that although stealing is against the law, it's legal as long as you do it online.

That's simply not the law.

Online gambling is a form of gambling. If gambling is prohibited, that prohibition applies to gambling on a computer.

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Nevada has outlawed online gambling by it's citizens, if I'm not mistaken, but whether they've outlawed Party's offer is another question. I do know that many states have not yet passed legislation specifically concerning online gambling.

Party is offering games from their servers offshore in a locale where it is perfectly legal to do so. That offer extends to US citizens, but the offer isn't occuring in the US. And Party does not host games in the US. So, a law saying you can't host games in Nevada doesn't really apply.

B.

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Whether US law applies to Mr. Dikshit, in Gibraltar, is an interesting question, and one I don't know the answer to.

It does apply to US citizens, gambling in the US, even if they're doing it on their computers.

It's worth noting that online casino owners do not make trips to the US, and that at least one operator, who did make that mistake, was arrested, and went to jail. (And got a 2 year prison sentense, if I remember correctly.)

[Benjamin]

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What state are you talking about?

If there's a state that doesn't generally prohibit gambling, please tell me which one it is.

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For instance California, IINM, doesn't generally prohibit gambling, instead prohibiting gambling on specific games, and on 'percentage' games, etc ... .

The way most online sites take a percentage of the pot may make them illegal in California, but it seems that playing on WPX, rake free, may be legal in California. ?

http://www.gambling-law-us.com/Artic...california.htm

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Online gambling is a form of gambling. If gambling is prohibited, that prohibition applies to gambling on a computer.

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I agree. After looking into it a bit more, an individual placing a bet online is almost certainly going to be considered to be placing it within the state he is located at the time of the bet.

The jurisdiction of the state over a website operator seems to depend on the extent which the site is interactive and targets the occupants of the state, and it seems that given the interactive nature of the sites, the states could probably claim jurisdiction. Enforcement, extradition, etc ..., are different matters.

Ben <-- gambling illegally in NC where it's a misdemeanor.

[acpawlek]

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What state are you talking about?

If there's a state that doesn't generally prohibit gambling, please tell me which one it is.

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Colorado, as long as you don't charge a rake.

[LinusKS]

Benjamin, the Goodelatte bill, to my understanding, is aimed at preventing banks from funding internet gambling. I don't think they're looking to start prosecuting individual gamblers.

Any state in the US could - if it wanted to - license an internet casino to offer gambling to people inside the state. One of the Dakotas (the cold one, if I remember right) was considering it, at least for a little while.

I don't thnk any foreign gambling operation would be interested in applying for such a license though. All of them are already offering games to Americans in all the states. Getting a license in one state would probably be counter-productive.