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The Legality of Online Gambling


Dec 11, 2022

Online Gambling

Whether it’s sports betting, virtual poker or casinos, online gambling is a growing industry. This type of gambling has gained popularity because of its ease of use and accessibility. Almost anyone with an internet connection can play at one of the hundreds of sites that offer a variety of gambling games.

Several cases have challenged the enforcement of federal gambling laws on constitutional grounds. These challenges have been in part motivated by questions concerning the power of the Commerce Clause. In some instances, the government has relied on the Commerce Clause to justify the criminal prosecution of a gambling operation. However, these attacks have been largely unsuccessful.

The United States has six states where online casinos are legal. In addition, 22 states allow online sports betting. These states are primarily governed by state law.

The Federal Communications Commission is not responsible for providing or maintaining facilities that are used for illegal gambling. However, the FCC has jurisdiction over common carriers. The commission may discontinue the leasing of facilities and could also stop the furnishing of facilities.

In addition, the United States has prosecuted several cases involving illegal gambling on the internet. The first was a case against a group of Internet poker operators known as K23 Group Financial Services. In this case, the operators were charged with violating 18 U.S.C. 1955. This statute makes it a crime to receive or transmit bets, make a wager, or provide any other financial instrument that is made by or for a person under 18 years of age.