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FairCasinos

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PostPosted: Sun Feb 23, 2003 2:56 pm - Is online gambling legal?
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There aren't many laws specific to online gambling because the industry is still in it's infancy. Some countries and states have made it illegal for residents and operators while in most others there are no laws about it. There is some debate whether it's illegal in U.S. in general but many otherwise reputable casinos continue to accept U.S. residents. It is illegal in some U.S. states where most gambling is already illegal, and some states have specific laws.

UPDATE November 2006:
The list of US states where online gambling is deemed illegal depends on the interpretation of existing laws (The Unlawful Internet Gambling Enforcement Act of 2006 doesn't change them). Some of these laws may even be invalid. This post has quite a large list of 'banned states' based on older research with little understanding of the laws and is probably a worst case scenario but there is a smaller list near the bottom of this thread. If your state allows some form of legal gambling and is not one of the 8 with anti-internet gambling laws (see list further down this thread for them and a couple of others) then it may be ok for you to gamble at online casinos. I'm not a lawyer but have now read a lot about the law. Even the anti-internet laws may not be valid. There is something in the US Constitution known as the Dormant Commerce Clause preventing states from regulating international and interstate commercial activity within their state if other states or countries expressly allow it (i.e. preventing free trade) and where the federal governnment have not criminalized the activity; this is also so the businesses involved won't have to deal with differing and inconsistent laws within the country.

States and countries where online gambling is illegal (either for the player or the casino to accept the wager)

Please check for accuracy as this has come from a number of sources:

Countries:

    Austria
    Canada
    Australia


U.S. States:






Links to opinions on the U.S. situation:


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albertop

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PostPosted: Sat Apr 08, 2006 9:54 am - In italy
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In Italy most of this casino are obscurated!!
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sunspun

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PostPosted: Sun May 28, 2006 11:56 pm - Re: Is online gambling legal?
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strange... wonder what the governement is afraid of
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up2par

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PostPosted: Fri Jun 02, 2006 9:48 pm - Re: Is online gambling legal?
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They not scared they just dont like to see all that MONEY get thrown around and they dont get a piece of the pie!!!!!!!!!

ITS ALL ABOUT MONEY THATS ALL THE GOVERMENT CARES ABOUT, YET THEY WASTE IT ON SO MANY STUPID THINGS IT MAKES ME SICK!!!!!!!!!!!!!!
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FairCasinos

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PostPosted: Sun Oct 15, 2006 2:06 am - Re: Is online gambling legal?
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The Unlawful Internet Gambling Enforcement Act of 2006 doesn't change the legality of online gambling. Although the DOJ, with its powers to seize assets of illegal businesses, has maintained that all Online Gambling is illegal (for online gambling business operators only) due to the Interstate Wire Act of 1961, this has not been proven in court and the opposite has been the case so far. In November 2002, the US 5th Circuit Court of Appeals upheld a District Court decision that it applies only to illegal sports betting.
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upnupu

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PostPosted: Sun Nov 05, 2006 5:04 pm - Re: Is online gambling legal?
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it just changes legalty of funding your acounts, is that right then??

i'm still tryin to figger it out, but that's the way i see it - is that right?
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FairCasinos

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PostPosted: Thu Nov 09, 2006 4:16 am - Re: Is online gambling legal?
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After years of attempts by Leach, it's the first federal law that wants to stop funding for 'illegal internet gambling' and prescribes punishments for the companies involved but doesn't clarify what illegal gambling is and seems to leave it up to the individual States. Also, the US law will only have jurisdiction for US companies or when entering the US. It only makes it illegal for the operators not the players. Note that the existing 1961 wire act was meant for sportsbetting where EITHER the sending or receiving location is not permitted by law to make those wagers. This means that in any US states where sportsbetting is legal, it could still be legal to sportsbet over the phone with an offshore company as the offshore company would be in a legal location for it. Similarly, if your state allows some forms of licensed gambling, then arguably you can also play at online casinos as both locations are legal for that kind of activity. If your state doesn't allow gambling of any kind, then it has the right to prevent you gambling within that state. You will be still in the state when gambling online so it's slightly different to visiting a foreign country and being allowed to gamble there. So your state may have a right to stop you (but this is also slightly controversial due to free-trade rules which may mean that for internet gambling bans to be valid, your state should also ban all gambling). It's typically up to the state and not federal government to make laws about gambling and only 8 have so far made laws against Internet Gambling.

There needs to be a new law or amendment to the wire act to clarify existing federal law. Appeals court decisions have already ruled that it only applies to sportsbetting and not casino or poker games but this doesn't mean this is the definite ruling (although the law looks very clear to me). Remember that even this wire act only applies to the betting companies and not the players. Some argue that any general State anti-gambling laws apply to the internet too since the bet is made inside the state and the casino is not licensed for the state but this actually is paradoxical to the wire act which explicitly allows foreign bets over the phone (or any remote communications) if BOTH places are in legal locations for it. Therefore if it's legal to gamble in some way in licensed locations in your state (gambling is licensed and regulated in most countries) then, in my non-expert opinion, it should also be legal for you to gamble in online casinos. For example, online casinos aren't allowed to be operated in the UK (they can not be licensed for it) but the UK is fine about allowing players to play the ones in legal foreign locations. The argument that an online casino needs a license in every country it has customers is absurd.

It is safe to assume that the Wire Act could be applied on a case by case basis as the Supreme Court (the court with the final say) has not ruled on the definite scope for it. That's why some casinos have banned certain states as this will mean that they may be deemed to have taken enough precautions against 'illegal gambling' given that the federal law is so vague. They will not be ruled to break the laws if they take enough precautions even if it is later clarified by the Supreme Court.

Although not illegal yet (many companies have had to take the conservative route of banning all US players due to being publicly traded) it looks likely it will be made illegal by further laws in the near future.
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FairCasinos

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PostPosted: Thu Nov 09, 2006 4:28 am - Re: Is online gambling legal?
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I will post a few reputable casinos below that will allow any adult players, although you will need to check that it is not illegal to play where you live (and not just illegal for the casino site to accept you).

It may be illegal for casino sites to accept you but they are not obliged to comply with foreign laws. They may have a problem if the owners ever enter the US.
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PostPosted: Sun Nov 12, 2006 10:53 am - Re: Is online gambling legal?
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There is a new site called Get21 backed by a reputable company (do a search for zone4play on this site) for multiplayer blackjack tournaments. If you like online poker, you will probably like this. It is very easy to win at the moment but the site has only been live for about a month.

Currently they don't restrict any US states (I was chatting to someone from Texas on the site).

Click here for more info

FairCasinos EDIT : They have now changed their minds and are currently not taking US players as of mid-November.
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FairCasinos

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PostPosted: Sat Nov 18, 2006 9:36 am - Re: Is online gambling legal?
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You will be able to play at all Microgaming software powered casinos if you don't live in the following states:


    Michigan
    Illinois
    Louisiana
    Oregon
    Washington
    Wisconsin
    Indiana
    Nevada
    South Dakota
    New Jersey
    New York


If you don't live in one of those states, the recommended casinos you see banners for on this site will take you as a player. See Top Casinos list for every recommended casino. You now won't be able to play at Lasseters and Littlewoods Casino (both non-Microgaming software) if you are in the US but as long as you don't live in the above states you can play at the others.
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FairCasinos

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PostPosted: Sun Dec 03, 2006 11:49 pm - Re: Is online gambling legal?
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Inetbet is the top rated casino by the forum members and accepts all US players
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antastic

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PostPosted: Fri Jan 12, 2007 7:26 pm - Online Gambling for California
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I am so confused, I don't know if I will get in trouble for gambling online or if I would be able to get paid if I cashed out. When I read the info I can find ...I am only confused further. If anyone is able to simplify what California law states, I'd be greatful! icon_question.gif
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FairCasinos

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PostPosted: Tue Feb 06, 2007 3:44 pm - Re: Is online gambling legal?
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Try reading this document from the Californian Government which is less than a year old:

http://www.ag.ca.gov/gambling/pdfs/GS98.pdf (click the [WHOLE WINDOW] link to open it up in the whole window or right click to open in a new window)

There is a section on Internet Gambling. You will probably notice that it gives no definite answers but does clarify that it is up to individual states to control Internet Gambling within their borders and not up to the Federal Government. California doesn't have specific anti-internet laws. Even those that do have these laws may be invalid due to free trade rules.
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antastic

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PostPosted: Tue Feb 06, 2007 10:42 pm - Re: Is online gambling legal?
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Thank you so much for the link, I really appreciate your help!!!!
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