The Constitutional Issues Associated With Online Gambling
Despite its popularity, online gambling has many risks. These include the possibility of criminal activity, access by children, and the payouts not being fair.
Online gambling involves several forms of gambling, including casinos, virtual poker, sports betting, and lotteries. The gambling industry is primarily regulated by state law. However, the federal government has also enforced laws against illegal Internet gambling. This has led to a number of constitutional issues.
Some of these issues relate to the Commerce Clause, which provides the government the power to regulate interstate commerce. However, attacks based on this clause have been largely unsuccessful.
Other issues revolve around the First Amendment, which guarantees freedom of speech. However, the First Amendment’s limited protection of crime facilitating speech encumbers free speech objections.
Section 1956 of the Criminal Code creates laundering for several different crimes. The crimes include laundering to disguise, evade taxes, and to promote illicit activities. In addition, Section 1956 creates laundering for law enforcement stings.
Section 1956 also creates the crime of laundering for international purposes. This means that a business that conducts illegal gambling can face federal prosecution. The owner can be fined or imprisoned for up to five years. The owner must have a gross revenue of at least $2000 in a single day. This is a requirement that could be a problem if the gambling business is operated abroad.
In addition to these issues, online gambling sites also accept credit cards and electronic checks. This means that serious gamblers will find ways to transfer funds to their online gambling accounts.