IS ONLINE POKER LEGAL? Internet
poker has been around for years and online poker rooms
have been proliferating at an astounding rate over
the last few years. However, is online poker legal?
Are these internet poker rooms legal? What implications
does the law have for all those online poker players
out there?
The short, somewhat unhelpful answer is that the
answer totally depends on the country where the online
poker room company is incorporated. There is no international
law on the question as to how legal online poker is
and so players have to be careful before signing up
to the less well-known poker rooms.
Let us focus on the simpler question: ‘Is online
poker legal in the US and UK’ as these are the
markets where most of our customers reside. If you
live in another country then please email us the law
of your country so that we can add it to our site.
US
With regard to the individual poker player, there
is no precedent to show that online poker is not legal.
Some would refer to the Wire Act but in reality, there
is no justification for putting forward this argument
given that no individual has been charged, prosecuted
or even arrested under this legislation for playing
in an internet poker room. Millions of people in the
US play legal online and not one of them has been
fined or punished in any way so you would be hard
pushed to conclude that online poker is not legal.
However, at the provider-level, it is a slightly
different story! The Unlawful Internet Gambling Enforcement
Act of 2006 (UIGEA) was passed by George Bush and
it makes it illegal to transfer money from a financial
institution to an internet gaming site. This effectively
makes it very hard to create a company offering online
poker in a legal fashion. The law does not make it
illegal to transfer funds to companies offering online
lotteries or sports betting.
UK
The UK took a very different approach to the US with
regard to the question as to whether online poker
is legal or not. The government passed the Gambling
Act in 2005, to come into force later in 2007. This
specifically allows for legal online poker rather
than prohibiting companies from setting up online
poker rooms. It is argued that fully regulated, legal
online poker rooms stop the sport going underground
and leading to problem gambling.
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