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The deadline to appeal the Wire Act decision has come and gone, as the judgment in favor of the New Hampshire Lottery has not been appealed by the United States Department of Justice (DOJ). This was a victory for supporters of the expansion of online and interstate poker compacts and traditional state lotteries.
The general counsel of the group iDevelopment and Economics Association (iDEA), Jeff Ifrah, was one of the first to celebrate this decision, insisting that the decision was “a victory for states’ rights, for clarity in reading federal statutes, and for the gaming industry and its consumers”.
Freeing up any state to offer online lottery games, this action (or lack thereof) potentially reversed a 2011 statement from the DOJ’s Office of the Legislative Council that stated that the act only applied to online sports betting. The jurisdiction of the Wire Act was the focus of this disaster after the question of lottery directors in New York and Illinois.
The opinion issued in 2018 by the Trump administration’s DOJ altered the status quo, where they insisted that all forms of online gambling were affected by the blocking of the interstate commerce act.
The timeline on this began when the New Hampshire Lottery took it to federal court and won it in mid-2019, followed by a United States Court of Appeals that upheld the decision earlier this year.
In a statement, Ifrah explained that states considering legalizing online gaming can now enter into pacts with other states that offer legal internet gaming, and “state legislatures will have the ability to create rational gaming regulations that protect consumers, increase jobs, and generate tax revenue without risk of federal intervention.”
Seeking a more direct stance, 27 state attorneys general communicated with U.S. Attorney General Merrick Garland.
They essentially asked that the “fog of ambiguity” be removed so that they wouldn’t have to file a lawsuit in every federal circuit just to understand their rights under the law.
“There remains substantial uncertainty about whether states and industry can move forward with existing online gaming platforms and also invest in new online gaming products without fear of future criminal prosecution,” the letter said.
SiGMA Americas Virtual:
The SiGMA Americas Virtual show will take place from September 13 to 14, 2021. Features include a fully interactive exhibition floor, networking chat rooms, and a lineup of top-notch speakers. The beautifully designed booths come equipped with state-of-the-art product displays and chatbox capabilities, while attendees can visit the virtual stage, where a series of panels and talks will discuss key topics during the 2-day live conference.
Explore the schedule or check who’s on the floor plan.