Legal Defenses Against Online Gambling

online gambling

Taking part in online gambling can be quite a thrill, but you need to be aware of the risks involved. If you are not careful, you could easily lose money. Fortunately, there are several legal defenses to protect you if you’re caught playing online.

Commerce Clause

Attempts to use the Commerce Clause to stop internet gambling have been a failure. These attempts have relied on the First Amendment to protect free speech, but they’ve been unsuccessful in court.

The dormant Commerce Clause is an interpretation of the United States Constitution that prohibits states from discriminating against out-of-state businesses. The Clause does not contain geographic limitations, but it does require courts to determine if a statute’s direct effect applies to both in-state and out-of-state entities. This means that courts may decide that internet gambling is different from land-based gambling, which is why it falls outside of the Clause’s protection.

Due Process Clause

Despite the lack of state action on Internet gambling, the Department of Justice has long enforced the Wire Act against illegal gambling. The Wire Act prohibits the interstate transmission of information assisting in sports gambling. It does not prohibit the transmission of money for gambling, or other legal gambling activities. It does, however, limit the legal responsibility of a communications carrier to terminate service to a subscriber using wires for gambling. The Wire Act has been enforced against illegal Internet gambling for over two decades.


Whether you play online poker, bingo, or other casino games, you should know that there are ways to keep your gambling activities private. Here are some tips to help you do so.

First, always choose a secure gambling platform. This includes checking the site’s privacy policy and looking for positive testimonials. Choosing a secure payment method is also important. It can also help to use a VPN, which will encrypt your Internet traffic.

It is also important to have strong passwords. You should never use your real name or birthdate to create a password. Instead, choose something unique and strong.