Legal landscape of online gambling continues to shift and evolve, as evidenced by numerous Supreme Court rulings which have had profound ramifications on gaming laws as a whole and industry itself.
New Jersey remains at the forefront of sports betting, leading all states in terms of handling. But New Jersey still faces numerous challenges associated with competing markets such as responsible gambling measures and potential federal legislation.
Legality
How online betting is legal depends on the laws in a state; some have banned or regulated it altogether while other have legalized sports betting for example in New Jersey in June 2018 following PASPA being struck down by the Supreme Court.
Since then, other states have followed suit by creating physical sportsbooks or establishing regulated online sportsbooks with greater accessibility and competitive odds for their customers.
At the same time, however, certain countries have laws against online gambling that are more stringent. China, for example, has long prohibited all forms of gambling as it views it as a threat to social order. France and Spain also prohibit online gaming; when faced with this circumstance it’s wise to contact local law enforcement agencies for more information and play only at licensed and regulated casinos or sportsbooks for your safety.
Regulation
Regulators face difficulties, but states are becoming more accepting of online gambling and sports betting. Many states have passed laws to authorize or regulate such forms of entertainment as casino gaming, poker and sports betting; several others have implemented responsible gambling measures such as self-exclusion programs; the 2022 Detroit NFL betting season being one example of this trend.
iGaming remains a complex field, with state and tribal regulations often colliding and sometimes contradictory. The future of iGaming depends on numerous factors – such as resolution of the Wire Act’s interpretation and expansion of sports betting – but its success depends on some very key decisions being made now.
After the Supreme Court ruling that invalidated PASPA, sports betting has seen exponential growth across the US. New Jersey, Nevada and Pennsylvania quickly implemented legal sports betting services while Michigan followed in 2021. Sports betting has generated millions in tax revenue for these states but it could be curbed if federal law enforcement agencies use Wire Act interpretation as leverage against it.
Taxes
As more states legalize sports betting and online betting sites like Fanatics become available, the risk of losing money has grown substantially. Since gambling winnings are considered taxable income by the IRS, it’s essential that gamblers know how to manage and report any earnings properly.
Taxes associated with online betting vary by state. Massachusetts saw impressive returns when legal sports betting produced $11.5 million in taxes last April – far surpassing projections and showing that online wagering wasn’t cannibalizing retail sportsbooks.
Not all states have taken the same approach to legal sports betting; while others have decided to regulate but limit access. While this has slowed its expansion, lawmakers continue their fight for control of this industry. States that have adopted regulations generally require operators to promote responsible gambling through programs like self-exclusion programs or helplines and also impose taxes on sports bets as well as revenues generated from sportsbooks.
Security
Security should always be top of mind for companies, but in the betting industry it becomes especially acute. Online gambling sites store vast amounts of personal data and process vast sums of money – making them prime targets for hackers.
Hackers can gain access to customer data, manipulate bets or use the platform for illegal activities like money laundering. Furthermore, hackers may infiltrate systems with malware or ransomware infection and require a comprehensive anti-money laundering (AML) program in order to protect themselves against these types of attacks.
Other legal considerations related to sports betting beyond AML regulations exist as well, for instance sponsorship regulations which govern how iGaming firms sponsor teams and events must be clear to prevent confusion and exploitation; and must conform with federal law so as not to potentially violate the Wire Act. Furthermore, licensed betting sites should adhere to high standards of integrity and ethics so consumers should avoid unregulated sites in favor of licensed operators with established track records.
