Additionally interesting:
placing, receiving or transmitting a bet
by means of the Internet
but only if that bet is unlawful under any other federal or state law applicable in the place where the bet is initiated, received or otherwise made.
excluded from the coverage of “unlawful Internet gambling” are
waypoints along the World Wide Web that are only incidental to the places where the electronic transmission of the bet or wager is initiated and finally received.
online bets made solely within a single state under an enabling statute passed by that state. [Note: there are no such enabling laws at this time.]
online bets made solely on or among Indian tribal lands under enabling laws adopted by the affected tribes and approved by the National Indian Gaming Commission. [Note: no such laws have been adopted or approved at this time.]
online bets made under the Interstate Horseracing Act. [Note: online interstate bets on horse races where such bets are legal at both ends of the online connection have been permitted under that law since 2000.]
The new law, therefore, only applies to online gambling operators who violate other existing state or federal anti-gambling laws. Some commentators on this aspect of the Act conclude that since there are only a handful of states that expressly ban Internet gambling, this law has not accomplished very much.
The better view is that all of the online gambling sportsbooks, casinos and cardrooms violate existing anti-gambling laws of every one of the fifty states. This is because:
The gambling is legally deemed to take place simultaneously at both ends of the Internet connection.
Under applicable state laws these interactive online gambling Websites are deemed to be doing business in the states in which the players are located when they make a bet.
The general anti-gambling laws of every state criminalize the operation of unlicensed gambling like the sportsbooks, casinos and cardrooms that are covered by the new law.
Thus, this professional form of unlicensed gambling appears to be illegal whether or not the state has adopted a specific Internet anti-gambling law.
:whoa: :whoa: :whoa: