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Is Online Poker Legal?
The legality of online poker is certainly a gray area for players. Many
complex issues surround the topic. First, no one has ever been charged,
let alone convicted, of playing online poker. If the feds go after anyone,
they go after the proprietors, the ones offering and profiting off of
the games. But even this has proved too difficult.
The main legislation discussed in relation to online poker is the Wire
Act of 1961. This law precludes the use of a wire (such as a phone line,
and arguably the internet) to be used in aiding the placing of a wager
on a sporting event. The sole case of online betting landing someone
in jail was the operator of a sportsbook - legal terms are very specific,
and even though poker is on ESPN, it is by no means decided in court
that poker is termed a sport as designated under the Wire Act.
Some will argue it does, however, including the Department of Justice.
The DOJ has expressed its opinion very clearly, that online poker is
already illegal as expressed by the Wire Act. However that opinion has
not stood up in court. The Wire Act uses arcane language addressing
issues before the internet or online poker had ever been conceived.
Thus we are in limbo until Congress writes new laws for modern entertainment
and technology.
Many states DO have laws prohibiting placing wagers in any form. This
means online poker is against the rules, this means your home game is
illegal, and this means a wager on the golf course is illegal. However
it is not worth the states' expense to go after individuals, just like
they do not give a ticket to anyone going three mph over the speed limit.
Federal law does not specifically prohibit online poker. Local law may
prohibit it, but authorities have no way to enforce. New legislation
has been proposed, but nothing has been put into effect. One day it
may be made legal and taxed, or it may be made illegal and enforced,
but until then players in online cardrooms will play in the gray area.
By Rich Spaulding
