Why Online Gambling Still Not Legal At US?

A lot of people new to the world of online casinos often wonder at the legality of the system and what controls are in place to protect the consumer especially in US. So what is the aspect of online gambling in the US?

With regards to the legality of online casino, there are two major areas to be considered. One is the USA and the other is for Europe.

In Europe, the European Union have taken a positive approach to online gambling, although it is not centrally legislated in Brussels. In fact all member countries are free to either allow or prohibit online gambling as they see fit. Most have seen sense, making it acceptable and tolerated in most member countries.

Through legislation and licensing, the European countries that allow online gambling are seeing large growth in casinos registered in those countries. In any event, you should consult the laws of your own country before attempting to start gambling online to be on the safe side and avoid any unpleasant surprises down the road.

In the United States, things are very different. Most states have been operating a stance of anti-online gambling for several years and it in most states it is actually against the law to gamble online. Despite this, it is also a fact that legislation in the US covering online gambling is not clear cut. There still exists no specific federal law prohibiting a US national from gambling online, despite many attempts to achieve this.

In 2006 the Internet Gambling Enforcement Act (H.R. 4411) was an attempt to prohibit online gambling at a federal level, although it was not sufficiently definitive. Several states have their own laws which can affect citizens residing there who attempt to play online casino, although almost without exception, there exist certain loopholes which can be by exploited by lawyers that do not prevent local gambling operators from accepting online wagers while still complying with state laws.

It may come as no surprise that statistically, around 70% of online bets are placed in the United States. In addition to this, around 80% of all online poker players are Americans who participate in over 55% of the total of online gambling worldwide. If you are in any doubt as to your position with regards online gambling within your state, you should always check with your local government office before engaging in online gambling.

The bottom line is, playing casino games like poker, blackjack, slots or roulette have been a part of America's culture from the start. It is unlikely that the writers of the original laws were prohibitionists of casino games any more than they were of liquor.

Therefore, one may assume that there was no original intent for the Federal Government to “make any law” concerning gambling. After all, slots machines, roulette wheels and similar games – designed for the sole purpose of betting and winning money – have been around for some two centuries.

From whence, then, comes the right of the government to regulate online gambling? That is a stickier issue, for one can argue that the government has no right to regulate the internet at all. On the other hand, the U.S. Supreme Court has long since held that, thanks in much to the broadness of the Commerce Clause, the Federal government can superimpose “national” values on the State governments.

In other words, although gambling can be made legal or illegal by State Law, the across-the-border nature of the internet makes it fair game (no pun intended) for federal interference. The United States cannot hope to regulate an international multi-billion-dollar industry in any truly effective manner.