Jojobingo, yes and no. The real question is whether opr not there is a
payout in cash. Online games that don't result in a payout are of
course not considered gambling.
But let's assume that you're talking about onling gambling with a
monetary payout of some kind. A good overiew of the gambling
industry's position can be found at:
http://www.playwinningpoker.com/online/poker/legal/
This document states that the the Wire Act, most often used when
discussing the illegality of, refers only to those engaged in the
business of gambling. The following Las Vegas Sun article from
November 2004
http://www.lasvegassun.com/sunbin/stories/gaming/2004/nov/10/517802938.html
states that the World Trade Organization has ruled that US laws
banning online gambling is illegal from the point of view of global
trade regulations.
The following article
http://www.techfirm.com/newpage5.htm
asserts without question that onling gambling in any form is illegal
in California. and the following site
http://www.online-gambling-rules.org/jurisdiction.html
provides confirmation that online gambling, although the website
confirms that the final decision at this point is far from clear.
As of today, the following can be said:
1) Online gambling is illegal in California
2) Successful online gambling operations must operate offshore - often
in the Carribean - to avoid US laws.
3) While being a customer of an online gambling operation my
technically be considered illegal, such customers are not currently
being prosecuted.
So the real decision comes down to one of personal ethics. Based on
today's environment, you won't be prosecuted. However, you are
supporting an operation that in itself is considered illegal under US
law.
I hope this answers your question! This was a fun subject to explore!
Prof-ga |