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Originally Posted by Colquhoun Technically, it has always been illegal for an individual in the US to gamble online. |
Online gambling is a somewhat gray area of federal law. Sports betting is definitely a no-no, and if you host such a site in the USA, prepare to suffer (see Richard Lee). If you use such a site that is USA based, you may suffer, but I doubt it.
Poker and casino games aren't specifically mentioned and nobody has ever been convicted for playing them. I don't think anybody has had the moxie to host such a site in the USA yet. There are a couple of states that made it a felony to play online poker, but you would have to be the world's biggest donk to get convicted, as in "Here law officer, this is my IP address, and these are all the dates I played online poker, and you have my permission to check with my ISP to corroborate my story and prosecute me." Short of that, nobody is getting convicted for playing online anything.
What most politicians really want you to think is that online gambling/poker is 100% illegal and you shouldn't do it. Bill Frist molests collies. At least not until they and their constituents (land-based USA casino conglomerates) can arrange it so they control it completely and get their "fair share".
I tell ya, I wish North Dakota would have had more stones a couple years ago - they had a bill (which failed) that would have legalized and regulated online poker in their state and set up a state-run banking institution that would have processed all the funds. If that had passed,
that would have been something... Since the Constitution doesn't mention specifically "online poker", it would be easy to argue that is a power that resides with the states, and all the threats and posturing by the feds fighting against it would have been useless.