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Over the past few years the sports betting industry has completely transformed due to the ability to wager in multiple states and, in some of those states, wager online. Historically, Nevada was the only state to have legal sports books regulated by the Nevada Gaming Control Board and the Nevada Gaming Commission. Only a handful of other states had minor sports lotteries and sports betting frameworks. This was due to the Professional and Amateur Sports Protection Act of 1992 (PASPA), which had grandfathered existing sports betting offerings and prohibited new states from adding such offerings. PASPA was overturned by the U.S. Supreme Court in 2018, which paved the way for this new expansion of sports betting that includes legal online sports betting. Since then, states have raced to place their bets on the business of sports betting.
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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
The Current State of Legal Online Gambling in the USA marketbusinessnews.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from marketbusinessnews.com Daily Mail and Mail on Sunday newspapers.
A new vote gives the Michigan gambling authority the power to make liquidity deals across state lines.
With a new legislative initiative in Michigan state, a popular and ground-breaking development in Europe looks like it is about to be adapted in the US landscape.
The Bill
House of Reps-backed SB 991 supports the Lawful Interactive Gaming Act allowing cross-border exchange of information and gaming data.
SB 991 green-lights state gambling regulator Michigan Gaming Control Board (MGCB) to seek and negotiate shared liquidity arrangements with other states.
Liquidity Sharing Component
Though online gambling is not yet permitted in the US, the support for SB 991 would position Michigan to participate in future shared liquidity pools with other states should permissions for online gambling and specifically poker be approved in the United States.
In the two years since the U.S. Department of Justice revised its 2011 opinion on the Federal Wire Act in an effort to halt the expansion of online casino gaming, the activity has grown from three states to five with Michigan becoming the sixth state on Friday. On Wednesday, the First Circuit Court of Appeals validated that evolution. The court, in a 49-page opinion, sided with a lower court ruling and the New Hampshire State Lottery arguments that the antiquated 1961 law applies only to interstate sports betting. Gaming law experts said the ruling marked the second time a federal circuit court had agreed the Wire Act only covered information sent across state lines that are used for sports wagers. In 2002, the Fifth Circuit agreed with a lower court’s opinion that funding Internet gaming wasn’t covered in the Wire Act in a case brought by MasterCard. Nevada gaming attorney