The USA Online Gambling Laws and Their Impact on Other Jurisdictions

There has been feverish talk in the press recently asgovernment is now actively soliciting for business
to the possible effects that the recent criminalisationfrom companies who are to be exiled from the US, in
of online gambling in the USA will have on the Britisha similar fashion to that seen in Antigua, whose
market. Many have suggested that the UKgovernment is offering to licence US gaming sites -
government will follow suit, resulting in a prohibition onalbeit, of course, at a price.
the activity within British borders, while others argueThe British government has a liberal history as far as
that this is, in fact, too good an opportunity for theonline gambling goes, as illustrated by their actions
UK government to pass up. It is argued by thesewith regard to the EU. As members of a common
individuals that, if the UK were to begin attractingmarket, EU member states are obliged to accept
American gamblers who now have nowhere else togoods and services (including the provision of online
go, the financial gains available to the Exchequergaming) from all other member states, without
would be too great a temptation.prejudice. When a special exemption was made for
Online gambling is one of the fastest-growing sectorsonline gambling, several member states sought to
of the service industry in Britain. One need only lookoutlaw the practice. Britain, however, along with
at Betfair, one of the market leaders, for evidencestates such as Denmark, preferred to legislate and
of this; last year the company recorded year-endregulate, as a result of their belief that people would
profits of $44 million, off the back of a sports bookfind a way of gaming regardless of its legality - the
which was only established in 2000. Similarly, thestate might as well, therefore, try to make some
taxation of online gambling is one of the most easilymoney out of it.
available sources of revenue for the Exchequer; it isIt is for precisely these fiscal reasons that it seems
a seemingly never-ending stream of money whichalmost certain that the process of legalisation and
can be very easily taxed, particularly bearing in mindregulation of the online gambling industry will continue
the general public antipathy towards gambling. It isapace in Britain. The importance of the sector to the
this very concern as to 'social cost' of the activity,Exchequer is too high; paradoxically, in fact, the
rather than the potential financial gain that itoutlawing of the activity in the USA should cement
represents, that makes regulation and taxationthis position.
politically possible.Indeed, it is likely that we will see an even more
It is the same antipathy which informs the growingmarkedly rapid growth in the sector as American
opposition to the government's legalisation of onlinegamblers look for a similar, but legal, gaming
gaming. It is thought in many quarters that the socialexperience. This will have positive effects for the
cost far outweighs the social benefits and, as such,British gambling community; increased demand will
there are fears that the actions of the Americanmean an increase in the number and quality of
government could pave the way for the outlawing ofservices available. Similarly, on a more basic level, the
online gambling in the UK. However this seemsmore players taking part in a game, the higher the
unlikely; the British government has already expendedjackpots will be, or the more competitive the odds
large amounts of time and money establishingavailable. This can only be a good thing for players.
licensing laws around online gambling. Indeed, the