The Federal Government’s Role in Regulating Online Gambling
Unlike land-based casinos, online gambling is conducted from the comfort of your own home. While there are benefits to online gambling, it also presents risks. It is easy to get hooked and start losing large sums of money. This can lead to financial ruin and depression. Online gamblers should be responsible, be careful, and never gamble more than they can afford to lose.
In addition to federal law, states have a variety of laws related to online gambling. These laws vary widely and have been challenged on constitutional grounds. Using the Commerce Clause or the Due Process Clause of the Fifth Amendment to challenge these laws has had little success.
In 2001, Congress enacted the Online Gambling Regulation Act (OGRA). The OGRA is a federal law that regulates the online gambling industry. The law prohibits any person from using financial instruments to make bets or receive bets in connection with unlawful Internet gambling. The Act also contains the Lopez Amendment, which establishes a set of elements to prevent low-level gambling cases from becoming more serious.
The Federal Communications Commission has the authority to regulate common carriers. The Commission may discontinue the provision of facilities and may even levy fines for violations. Some states have expressed concerns that the Internet may be used to facilitate illegal gambling.
The Department of Justice has been involved in some of these cases. In 2002, the Government Accountability Office issued a report on Internet gambling. The report was published as Internet Gambling: Overview of Issues.