The Online Gambling Regulation Act of 2001 (OGRA) regulates the online gambling industry. In the past, states had the ability to decide what types of games and wagering could take place in their jurisdictions. Some states allowed casinos while others only permitted land-based establishments. A few states, such as Michigan, even allow poker in digital form.
Although federal law seems to reinforce state law in most cases, there are many questions about how it will impact Internet gambling.
One question concerns whether or not the government can preempt state action. For instance, could the Travel Act prevent players from using interstate facilities for unlawful activities? Also, does the federal Indian Gaming Regulatory Act interfere with state attempts to regulate Indian reservations within state borders?
Another issue is how much power the Commerce Clause possesses. If the power to create or enact laws resides with the federal government, then the state would be left in the dust. However, if the power to legislate lies in the hands of individual states, then each state has the right to make its own laws.
A recent study showed that some states had a higher prevalence of gambling-related offenses than others. There are also some states that are anti-gambling. Several states have proposed legalizing sports betting. Others, such as Idaho, Wisconsin, and Montana, have banned gambling altogether.
Despite these challenges, there is no doubt that the internet has revolutionized the way we gamble. From betting on sports to placing bets on fantasy sports, the internet has opened up new avenues for us to enjoy our favorite pastimes.