Report of the Law Reform Committee on Online Gaming and Singapore
withdrawal from online advertising business for gambling websites. Since then, advertising for gambling is not part of the policy of search engine operators. 87
The US Congress and federal government can only regulate gambling activity
affecting interstate commerce and the main federal statutes that have been ostensibly applied to online gambling are: 89
The Wire Act90 – The Internet was not even in existence when it was enacted in 1961, but the US Department of Justice has since taken the position that the statute applies to all forms of Internet gaming.
The Travel Act92 – This 1961 statute prohibits anyone from travelling or using any facility in interstate or foreign commerce with the intent to promote or carry on unlawful activity. The courts have held that the transportation of gambling across state lines violates the Travel Act because “the use of a telephone or a voice or a message can be and is actually transported by wires across state lines to the same extent as materials are transported over state lines in moving vehicles.”
The Interstate Horseracing Act94 – The intent of this 1978 was to give the States the primary responsibility of determining what forms of gambling can take place within their own borders and to further the horseracing and legal off-track betting industries in the US. It was
See eg, Yahoo!’s “Editorial Guidelines” on online gambling sites at http://help.yahoo.com/l/us/yahoo/ysm/ sps/articles/editorial9.html.
Mattia V Corsiglia Murawski, “The Online Gambling Wager: Domestic and International Implications of the Unlawful Internet Gambling Enforcement Act of 2006” (2008) 48 Santa Clara L Rev 441; Michael D Schmitt, “Prohibition Reincarnated? The Uncertain Future of Online Gambling Following the Unlawful Internet Gambling Enforcement Act of 2006” (2008) 17 S Cal Interdis LJ 381 and Benjamin C Wickert, “All In, But Left Out: How the Unlawful Internet Gambling Enforcement Act Seeks to Eradicate Online Gambling in the United States” 10 Vand J Ent & Tech L 215 (2007).
Other federal statutes have been identified by one commentator or another as being potentially applicable in one way or another. These include, for example, the Interstate Transportation of Wagering Paraphernalia Act of 1961; the Illegal Gambling Business Act of 1970; Racketeer Influenced and Corrupt Organizations Act of 1970; Professional and Amateur Sports Protection Act of 1992; Interstate Wagering Amendment of 1994; Amendment to Interstate Horseracing Act and the Illegal Money Transmitting Business Act of 1992.
18 USC § 1084 (2007).
Seth Gorman & Antony Loo, “Blackjack or Bust: Can US Law Stop Internet Gambling?” (1996) 16 Loy LA Ent LJ 667 at 671–74. But see, In re Mastercard Int’l Inc, Internet Gambling Litig 132 F Supp 2d 468 (ED La 2001), where the court held that sports betting conducted over the Internet was illegal, but that casino games were legal.
92 93 94
18 USC § 1952 (2007). United States v Smith 209 F Supp 907 (ED Ill 1962) at 916. 15 USC § 3001–3007.