Is Online Poker Legal In The USA?
The simple truth is that no US federal or state law makes it illegal for players to gamble online, which makes advocates of online gambling argue that this makes online gambling perfectly legal in the US. Owing to this, no US federal or state government has been able to prosecute residents playing real money games online. There are just no laws to empower the government to do so. US citizens have not only played for real money at offshore online gambling sites for years, but also worked as affiliates and run websites advocating online gambling without getting into trouble with Uncle Sam.
Although there is no federal law prohibiting residents from playing for real money online, certain US states have framed laws that specifically address the issue of online gambling. Interestingly, these state laws are directed at operators of online gambling sites, not players. In fact, the US has become more online gambling friendly than ever after the US Department of Justice (DoJ) issued a clarification that the Wire Act of 1961 no longer applies to online casino gaming and online poker gaming, but only to online sports betting. US states are therefore mulling over the pros and cons of legalizing intrastate online casino and poker gaming; and states such as Delware, New Jersey, and Nevada have already passed online gambling bills with provisions for the formation of interstate online gambling compacts.
The laws regarding online sports betting are slightly different. A federal law clearly states that it is illegal to receive sports bets online, but it is worth noting that no law says that it is illegal to place bets online. Owing to this, US players will not get into trouble with the law if they sign up at licensed offshore online sports betting sites.
A careful study of US federal gambling laws clearly reveals that they do not focus on penalizing players, but only attempt to curb and control operators. Nobody is permitted to operate a real money online gambling business in the US, but there are just no laws adequate enough to prevent US residents from using online gambling sites licensed in remote gambling jurisdictions. The UIGEA of 2006 was powerful enough to drive several software providers, gambling operators, and payment processors out of the US market, but it had no power to stop players from playing at offshore online gambling sites, and today, there are a number of offshore online gambling sites for USA players eager to accept bets from residents.
The feds are aware that it is impossible for them to track the activities of individual players and offshore online gambling sites. For this reason, the UIGEA makes it illegal for US-based banks and payment processors from processing gambling related funds, hoping that this will stop residents from playing online. It obviously does not as smart US players are still playing at offshore online gambling sites legally.
Players should note that the laws and situations keep changing, owing to which they must look up their state’s gambling laws before registering at offshore online gambling sites.
