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WHAT: According to the U.S. Court of Appeals for the First Circuit (First Circuit), the Federal Wire Act’s criminal prohibitions are limited to sports wagering activity only.
WHEN: On January 20, 2020, in
New Hampshire Lottery Commission v. Rosen, No. 19-1835, 2021 WL 191771 (1st Cir. Jan. 20, 2021), the First Circuit disagreed with the U.S. Department of Justice (DOJ) Office of Legal Counsel s (OLC) most recent interpretation of the Wire Act and declared that the Wire Act does not apply to non-sports wagering.
WHAT DOES IT MEAN FOR THE INDUSTRY: The First Circuit’s decision comes on the heels of years of uncertainty surrounding the scope of the Wire Act and means that state lotteries and online gambling companies in Maine, Massachusetts, New Hampshire, Puerto Rico, and Rhode Island can offer non-sports wagering (e.g. casino-style games) on the internet without fear of facing criminal liability under the Wire Act
Understanding PA s Online Gambling Laws russiaherald.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from russiaherald.com Daily Mail and Mail on Sunday newspapers.
New legislation in North Dakota would allow state residents a vote on whether to change their constitution to legalize and regulate online poker. The resolution, which would put the question on the 2022 ballot, is being pushed by State Rep. Jim Kasper.
North Dakota State Rep. Jim Kasper wants to put online poker on the ballot 15 years after his last effort. (Image: USNews)
This is not the Fargo Republican’s first rodeo. In 2005, long before New Jersey took on the federal prohibition of sports betting (PASPA), Kasper was the author of two bills that would have legalized online poker in North Dakota. They sought to challenge the US Department of Justice’s assertion that the online game was illegal under federal law.
The First Circuit's recent ruling that the federal Wire Act's prohibition on interstate communications for wagering applies only to sports betting affirmed a narrow view of the 60-year-old criminal law that attorneys say is a major win for the online lottery and gambling industries, even as it highlights the obstacles for the growing legalized sports betting market.