Thus the first ambiguity in applying the Wire Act to online poker surrounds whether “a wire communication facility” includes internet transmission. You don’t need to be a legal scholar to recognize immediately that something is problematic here.
Whoever being engaged in the business of betting or wagering knowingly uses a wire communication facility for the transmission in interstate or foreign commerce of bets or wagers or information assisting in the placing of bets or wagers on any sporting event or contest, or for the transmission of a wire communication which entitles the recipient to receive money or credit as a result of bets or wagers, or for information assisting in the placing of bets or wagers, shall be fined under this title or imprisoned not more than two years, or both. The preamble summarizes its scope and intent: The first, the Interstate Wire Act, dates back to 1961. There are two federal acts that dominate the discussion of the legality of online poker in the U.S.
This constitutes the second part of the article. For this reason we feel a better way of approaching the issue is to look at when online poker will be regulated on a state by state basis. You may be surprised to learn that, despite a confusing legal landscape, it is generally accepted that playing online poker is currently legal in the U.S., at least at the federal level. First, we attempt to summarize the current legal status of online poker in the United States.