With the complete shift in the federal government in Washington, DC, many have begun to float the trial balloon that there may be changes in the government’s view of online gaming and poker. Add to this the recent death of one of the most vocal opponents of online gaming, the late founder of Las Vegas Sands Corporation, Sheldon Adelson. There are many moving gears in this machine, however, and believing that the situation will change immediately might just be wishful thinking.
Despite the appearance, no change in federal stance
Currently, the US Department of Justice believes that online gaming is a violation of the law based on the Wire Act of 1961. Originally introduced to prevent the Mafia from using phone lines to broadcast sports betting, this law has been used for 50 years as an explanation for preventing online gaming from taking place. But that has changed in the last ten years, reversed and reversed again.
In 2011, the DoJ’s Office of Legal Counsel ruled that the Wire Act only applies to sports betting, opening the floodgates for the creation of domestic online gaming. Nevada, New Jersey and Delaware quickly jumped on this train in 2013, but this is where the “rush” stopped. It would be four long years for another entity to join these three states – the state of Pennsylvania – and Chinese water torture has continued since then.
But the last presidential administration tried to throw cold water on the question of online gambling. In a 2018 decision by that administration’s Office of Legal Counsel, the Wire Act was reintroduced as permanent law, overriding the previous decision. This decision has now been reversed.
In early January, the U.S. Circuit Court of Appeals overturned that position and ruled that the New Hampshire Lottery Commission could continue to sell lottery tickets. With Joe Biden rising to the presidency, it is unknown whether the DoJ will continue to pursue enforcement of the Wire Act. It is known that the Office of Legal Counsel’s 2011 decision is currently the enduring opinion of the legal profession.
Continued fluctuations and major problems
The persistent fluctuations in legal opinions are one of the reasons the Commonwealth of Pennsylvania has not made pacts with other operations. The law, as interpreted by the previous government, even made it illegal to conduct online gaming. As it is now supposedly interpreted, there are still questions about the legality of online gaming compacts or the ability of states to band together to offer cross-border gaming, which would be critical to the success of online poker.
Even so, the urge to push for online gaming regulations at the federal level just isn’t there. Opposition to federal efforts may have been eliminated with the passage of the anti-online gambling Adelson (the company is reportedly “considering” entry into the online gambling market in Nevada itself), but there are still several strong opponents to that would try to prevent online gaming and poker. Suppose “family” organizations (focus on the family in the foreground) and “freedom” -oriented groups (Let Freedom Ring shows up in the anti-online gaming camp) are still against the industry while Adelson’s coalition ends it Internet gambling is still out there. despite Adelson’s death.
Add to that the simple fact that the Biden administration has some more pressing issues on the table than if people can place a bet online. The ongoing COVID pandemic, financial and medical aid to those affected by the virus, international relations, and a badly wounded nation (especially after the January 6 uprising) could be a little more priority than if I were able to Checking opponents meanwhile I keep the nuts. And this does not take into account the potential problems that will lurk in the future.
The federal government just needs to allow the issue of online gambling to be mediated by states. They should also allow these states to make business decisions among themselves without the threat of federal action (much like the government has done with state-to-state marijuana laws). While there have been some positive changes, don’t expect massive changes – such as a bill for federal regulation for online gaming – even under the Biden administration.