Is Online Gambling Legal?

According to the Wire Act, one is not permitted toconvince foreign bodies such as the government of
make use of a wire transmission for the purpose ofAntigua and Barbuda (a tiny country that processes
placing a bet. The Wire Act clearly states that25% of online gambling transactions) that online
"Whoever being engaged in the business of bettinggambling is illegal.
or wagering knowingly uses a wire communicationTaking the matter all the way to the World Trade
facility for the transmission in interstate or foreignOrganisation, the tiny island of Antigua and Barbuda
commerce of bets or wagers or information assistingargued that the United States trade policy does not
in the placing of bets or wagers on any sportingprohibit cross border gambling operations. It also
event or contest, or for the transmission of a wireargued that the U.S would be hypocritical to do
communication which entitles the recipient to receiveotherwise since it wants to allow U.S. casinos to
money or credit as a result of bets or wagers, or foroperate land-based and Internet-based units
information assisting in the placing of bets or wagers,overseas.
shall be fined under this title or imprisoned not moreMeanwhile, the United States argued that regulation
than two years, or both."was not a viable alternative for prohibition due to five
While some may argue that the Wire Act pertains tomajor risks: underage gambling, compulsive gambling,
all forms of gambling, others believe that it onlymoney laundering, possible abuse by organized crime,
refers to sports betting and wagering on sportsand the risk of fraud.
events. Interpreting the Wire Act to mean that allOn the 7th of April, 2005, the World Trade
forms of online gambling are illegal, many banks andOrganization ruled in favor of Antigua and Barbuda.
financial institutions decided to block online gambling"The WTO has now found U.S. prohibitions on
transactions that make use of credit cards. OtherInternet gambling improper and discriminatory under
online financial services such as ceased to processglobal trade rules," Paulsen said. "This WTO ruling
gambling related transactions and most of the majormeans the U.S. will need to regulate, rather than
search engines such as and stopped acceptingprohibit Internet gaming. It's clear that this will require
gambling relatedadvertisements.Internet gaming companies seeking to do business
Although the Department of Justice managed to putwith U.S. consumers to have adequate protections
a significant dent in the advertising and bankingfor consumers in place, to deal with such problems as
operations of the online gambling industry in thethe risk of underage gaming, fraud, and money
United States, there are currently thousands of onlinelaundering. The good news is that there are now
gambling websites operating legally outside the U.S.solutions in the payment system to do just that."
Furthermore, since most of the online casinos acceptKobus Paulsen, CEO of the UC Group, said on April 7,
numerous offline and online payment methods, one2005.
does not require a credit card to play at an onlineThus according to the World Trade Organisation,
casino.gambling at licensed online casinos and sportsbooks is
According the latest online gambling figures, mostnot illegal. Rather than waging war against the online
online casino players are from the United States, andgambling industry, governmental bodies hostile to
the online gambling industry is continuing to grow at aonline gambling should work towards the regulation
phenomenal rate from 1.5 billion dollars in 2000 to aand taxation of the online gambling industry, while
projected growth estimate of well over 10 billionsearching for possible solutions regarding the
dollars for the year 2005. In order for theproblems of underage gambling, compulsive gambling,
Department of Justice to make a truly serious dentmoney laundering, possible abuse by organized crime,
in the online gambling industry, they would need toand the risk of fraud.