I need some help here. I need to identify where is the exact location where a service like online gambling is really offered.
An online casino operates on a country. Let’s say, they are located in Antigua, their servers with the games are on Antigua. This means that they must respect Antigua rules.
A potential player from the USA deposits money into the casino and plays.
If the service is considered to be offered in Antigua, the country where the casino is located, then no casino executive can be prosecuted to allow a US citizen to play, even though it may be ilegal to accept US citizens bets. That’s because the only rules that must be respected are those of Antigua, where betting is allowed. The service occurs in Antigua, and US rules are out and cannot rule in this case. So, the DOJ can only prosecute US citizens and not the casino execs.
Defining very well where the service occurs is crucial, because if it is outside the US, US rules cannot be applied. US rules would only apply if the service occured in the US, but it really doesn’t. I don’t think an Antiguan casino should care about the origin of a player.
In my view any US rule trying to ilegalise online gambling can only work and be applied to a citizen and not to an outside company. And I really doubt they can go against every citizen that makes an online bet.
I would like to ear some opinions on this issue of service location.