Various state officials have expressed concern that the Internet could be used to facilitate illegal gambling in their states. These concerns have led to debate over the constitutionality of state and federal laws that regulate gambling. For example, federal law reinforces state law in cases where a gambling operation uses a remote location to conduct operations. The Loyola of Los Angeles Entertainment Law Journal has discussed the Travel Act, which prohibits illegal gambling on interstate commerce. Other issues include whether the Commerce Clause and the First Amendment guarantee of free speech are sufficient to regulate gambling. However, attacks based on the Commerce Clause and the First Amendment have been unsuccessful.

The Wire Act also prohibits the use of the Internet to facilitate gambling on sporting events. In addition, Racketeer Influenced and Corrupt Organizations (RICO) provisions ban illegal gambling business activities. For example, the Attorney General has a prohibition against accepting financial instruments from illegal Internet bets.

Another question to answer is whether the Commerce Clause permits the federal government to prosecute Internet gambling in light of the limited First Amendment protection for speech facilitated by criminal acts. However, a commercial nature of the gambling business may provide a way to satisfy the Commerce Clause’s objections. In other words, the Commerce Clause does not allow the federal government to prosecute Internet gambling on the grounds that such gambling is “irrelevant” to the interests of an individual.

Section 1956 of the Unlawful Internet Gambling Enforcement Act (UIGEA) also raises constitutional questions. It creates several new crimes, including laundering with intent to promote illicit activity, laundering to conceal, and laundering to evade taxes. It also creates laundering for law enforcement stings and laundering to disguise.

Other statutes implicated by illegal Internet gambling include the Illegal Gambling Business Act (IGBA), the Wire Act, and the Travel Act. However, it is the Lopez Amendment, which came into effect in March 2002, that has the most impact on interstate commerce. It requires gambling operators to be licensed, regulates commercial activity, and includes elements to eliminate low-level gambling cases.

As an example, an online poker site uses a random number generator to deal poker hands. It processes all game data and determines who the winner is automatically. The site also handles chips on the fly, eliminating the need to wait for a human dealer. It is also compatible with most computers and smartphones. In addition, the site features software to place wagers, enter contests, and play games.

Finally, the federal government may also consider whether the State of New York should regulate online gambling. According to the state’s law, gambling activity is deemed to have occurred when information from New York is transmitted over the Internet. The state also regulates gaming and betting establishments that have video poker machines. The 6th Circuit Court of Appeals held that the activity was gambling.

Other federal statutes that are implicated by illegal Internet gambling include the Wire Act, the Interstate Wire Transfer Act, the Unlawful Internet Gambling Enforcement Act, the Money Laundering Control Act, the Federal Wire Act, and the Illegal Gambling Business Act. Several of these statutes contain elements that are particularly relevant in light of the Lopez Amendment, including the Racketeer Influenced and Corruption (RICO) provisions.