US iGaming expansion

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Originally published in World Online Gambling Law Report - September 2012.

IGaming Update - More than twenty five years ago, gaming in the United States faced a conundrum as Indian Tribes and States debated the legality of gambling on tribal lands. The issue culminated in a landmark decision in the United State Supreme Court, California v Cabazon Band of Indians, 480 U.S. 202 (1987), and eventually led to the passage of the Indian Gaming Regulatory Act (IGRA), Pub. L. 100-497.

The Obama Administration's 20 September 2011 opinion, made public on 23 December 2011, has now created a similar uncertainty in the realm of online gaming. The Department of Justice reversed its long-held position regarding the Wire Act of 1962. In a new opinion, the Executive Branch concluded that the Wire Act applies only to sport-related gambling activities in interstate and foreign commerce.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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