The legality of Online Gambling has been challenged on several different constitutional grounds. Attacks on the Commerce Clause, First Amendment guarantee of free speech, and Due Process Clause have met with little success. Commerce Clause doubts are satisfied by the commercial nature of gambling, while free speech objections are impeded by limited First Amendment protection of crimes facilitating speech. Due Process arguments also suffer because they involve financial transactions within the United States. But that’s not the end of the story.
Federal criminal statutes have become entangled in the illegal gambling on the Internet. State law is primarily responsible for gambling, but federal law is necessary to enforce the law. But the presence of an interstate element has frustrated state officials’ efforts to enforce their laws. Many state officials fear that the Internet could be used to bring illegal gambling into their jurisdictions. Despite the concerns and skepticism, the potential for criminal prosecution remains.
It is illegal to run an illegal gambling business in the United States. If you do, you will be subject to fines and prison time. In order to become a legal gambling business, you must have been operating for at least thirty days and made at least $2,000 in gross revenue in any one day. In the US, this means playing in a casino or sportsbook online. In addition to online casinos, you can even bet on major sporting events.