Thursday, November 16, 2006

The Future Legal Landscape for Internet Gambling

More and more clients are asking their lawyers whether Internet gambling is legal. To adequately represent clients interested in becoming involved in any way with Internet gambling requires lawyers to not only determine whether current laws, primarily criminal statutes, apply, but also to predict what the law will look like in the near future. The nature of the Internet requires that any legal analysis, including predictions of future developments, include multiple levels of government, ranging from tribes and states to countries, multi-national federations and international law. Most important are the laws that might impact the owners and operators of a website, which include not only where these individuals reside, but also where their computers are located and even the site of their server. As a practical matter, whether a local law makes it illegal for a player to make a bet is of less concern to operators; although large gaming corporations have to be careful to avoid illegal activities abroad to protect their home licenses and all operators are concerned with the collectability of wagers placed by credit cards.

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