The legality of online gambling has been challenged on a number of grounds, including the Commerce Clause and First Amendment guarantees of free speech. However, these constitutional arguments have had limited success. Commerce Clause doubts seem to be satisfied by the commercial nature of the gambling industry, while free speech objections have been weakened by the limited First Amendment protection afforded for crimes facilitating speech. Further, due process arguments have suffered when financial transactions occur within the United States.
There is no single federal statute on online gambling, but a number of state laws have similar rules. For instance, 31 U.S.C. 5362(10) defines Internet gambling as “any activity that involves placing, receiving, or transmitting bets through the internet.” This section of the law covers both internet gambling and remote gaming.