# Online gambling and getting arrested **URL:** \ **Category:** Factual Questions\ **Created:** [April 23, 2006, 12:35am UTC](https://boards.straightdope.com/t/online-gambling-and-getting-arrested/353808 "2006-04-23T00:35:57Z")\ **Posts on this page:** 17\ **Page:** 1
**Author:** ![brandt](https://avatars.discourse-cdn.com/v4/letter/b/7c8e57/32.png) [@brandt](https://boards.straightdope.com/u/brandt)\ **Post date:** [April 23, 2006, 12:35am UTC](https://boards.straightdope.com/t/online-gambling-and-getting-arrested/353808/1 "2006-04-23T00:35:57Z")
For the past few weeks I’ve been going to this website called [www.centralcasino.com](http://www.centralcasino.com) and playing 21. I never bet more than 10 bucks on a single game and I take my time. So it’s usually pretty fun with few losses or gains, just something to kill the time and nobody really gets hurt. But I’m sorta new to this and am kinda worried about the legality. I know that gambling is illegal, so what stops the government from going to that website, looking at the people on there, tracking down my computer, kicking down my front door, and arresting me. Perhaps to make an example out of me to intimidate other hard core gamblers like myself. Or am I just being a worry wort? I’ve done a search on these forums for an answer and I can’t really find one on point. ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [April 23, 2006, 12:51am UTC](https://boards.straightdope.com/t/online-gambling-and-getting-arrested/353808/2 "2006-04-23T00:51:56Z")
> [@brandt](#): > > I know that gambling is illegal, so what stops the government from going to that website, looking at the people on there, tracking down my computer, kicking down my front door, and arresting me. Aside from any question as to the legalities involved, it’s simply not a good investment of police time and resources. ---
**Author:** ![Shagnasty](https://avatars.discourse-cdn.com/v4/letter/s/9dc877/32.png) [@Shagnasty](https://boards.straightdope.com/u/Shagnasty)\ **Post date:** [April 23, 2006, 12:57am UTC](https://boards.straightdope.com/t/online-gambling-and-getting-arrested/353808/3 "2006-04-23T00:57:07Z")
I suppose they could if they really, really wanted to but they won’t. It is bad PR and they would have to do the same thing to thousands of other people. It simply isn’t worth it and would cost untold millions of dollars to follow through on all the people like yourself. The first target would certainly be the casino itself and there are lots of similar ones as well. It’s not going to happen especially since similar things are legal all over the country in real casinos. ---
**Author:** ![Otanx](https://avatars.discourse-cdn.com/v4/letter/o/c5a1d2/32.png) [@Otanx](https://boards.straightdope.com/u/Otanx)\ **Post date:** [April 23, 2006, 1:54am UTC](https://boards.straightdope.com/t/online-gambling-and-getting-arrested/353808/4 "2006-04-23T01:54:52Z")
For one thing most of these online casinos are setup “off shore”, and the US goverment has no jurisdiction over them. So they can’t go, and get the records of who is playing. Also as stated above it would be a waste of resources with little gain. -Otanx ---
**Author:** ![Skywatcher](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/skywatcher/32/254_2.png) [@Skywatcher](https://boards.straightdope.com/u/Skywatcher)\ **Post date:** [April 23, 2006, 3:57am UTC](https://boards.straightdope.com/t/online-gambling-and-getting-arrested/353808/5 "2006-04-23T03:57:07Z")
You still might have the government going to that website, looking at the people on there, tracking down your computer, kicking down your front door, and arresting your for not reporting your winnings when you file your tax return. ---
**Author:** ![groman](https://avatars.discourse-cdn.com/v4/letter/g/73ab20/32.png) [@groman](https://boards.straightdope.com/u/groman)\ **Post date:** [April 23, 2006, 4:23am UTC](https://boards.straightdope.com/t/online-gambling-and-getting-arrested/353808/6 "2006-04-23T04:23:38Z")
> [@Lute Skywatcher](#): > > You still might have the government going to that website, looking at the people on there, tracking down your computer, kicking down your front door, and arresting your for not reporting your winnings when you file your tax return. Where is actual online gamling illegal though? ---
**Author:** ![Cillasi](https://avatars.discourse-cdn.com/v4/letter/c/71e660/32.png) [@Cillasi](https://boards.straightdope.com/u/Cillasi)\ **Post date:** [April 23, 2006, 4:35am UTC](https://boards.straightdope.com/t/online-gambling-and-getting-arrested/353808/7 "2006-04-23T04:35:03Z")
Online gambling is a very gray area, as is much of internet law. It is illegal to set up an internet casino based in the United States, but it hasn’t yet been determined whether it’s legal for U.S. citizens to gamble online at offshore casinos. From this site: [http://www.phillyburbs.com/pb-dyn/news/278-11252005-575298.html](http://www.phillyburbs.com/pb-dyn/news/278-11252005-575298.html) > [@](#): > > The U.S. Wire Wager Act makes it illegal to use any electronic wire method to transmit bets or gambling winnings to any place where gambling is not allowed. The Internet is considered an electronic wire method. Yet, in this case the criminal would be the casino, and the United States can’t really prosecute someone in another country. So the area remains gray. Most, if not all, Internet Casinos make each gambler who registers with them check a box that claims they have read the ‘terms of use’ agreement, which includes a statement that says it is the responsibility of the gambler to know their local Internet gambling laws. Of course, our government can make it rather inconvenient for you to gamble online. The increased refusal of credit card companies and banks to honor payments to online casino sites is an example. It’s just not clear whether they are acting legally when they do so and nobody wants to be the test case in court. Unless and until the federal government or individual states begin passing laws making it illegal to do gamble offshore via the internet, your only concern is to insure that you declare and pay taxes on your winnings. As with any gambling winnings, you can offset the winnings by losses up to the amount of your winnings, but you’d better have accurate records. ---
**Author:** ![Rigamarole](https://avatars.discourse-cdn.com/v4/letter/r/77aa72/32.png) [@Rigamarole](https://boards.straightdope.com/u/Rigamarole)\ **Post date:** [April 23, 2006, 4:38am UTC](https://boards.straightdope.com/t/online-gambling-and-getting-arrested/353808/8 "2006-04-23T04:38:49Z")
> [@brandt](#): > > I know that gambling is illegal, uh, gambling is illegal? This is news to me. I thought it was in some states but not others? I know there are a lot of casinos on Native American reservations, which have different rules, but not all of them are, right? ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [April 23, 2006, 4:57am UTC](https://boards.straightdope.com/t/online-gambling-and-getting-arrested/353808/9 "2006-04-23T04:57:28Z")
> [@Cillasi](#): > > The increased refusal of credit card companies and banks to honor payments to online casino sites is an example. It’s just not clear whether they are acting legally when they do so and nobody wants to be the test case in court. Why would you think it’s illegal for credit card companies to refuse transactions, especially transactions that are intended to fund potentially illegal activities? The reason so many credit card companies refuse to allow cardholders to fund internet gaming accounts is because of a number of [lawsuits](http://www.msnbc.com/news/280356.asp?cp1=1) seeking to have such debts declared illegal under various state and federal laws and therefore void and uncollectable. > [@Rigamarole](#): > > uh, gambling is illegal? This is news to me. See **Cillasi** ’s post just above yours referencing the Wire Wager Act. > [@Title 18 USC section 1084(a)](#): > > Whoever being engaged in the business of betting or wagering knowingly uses a wire communication facility for the transmission in interstate or foreign commerce of bets or wagers or information assisting in the placing of bets or wagers on any sporting event or contest, or for the transmission of a wire communication which entitles the recipient to receive money or credit as a result of bets or wagers, or for information assisting in the placing of bets or wagers, shall be fined under this title or imprisoned not more than two years, or both. Note that it requires the use of wires. So presumably under the plain text of the law a 100% wireless internet connection would be legal. There has been at least one conviction under the Act, but it was of someone operating an internet casino as opposed to a player. I’m not aware of any Americans who have been convicted under any state or federal statute for being a player. ---
**Author:** ![Rigamarole](https://avatars.discourse-cdn.com/v4/letter/r/77aa72/32.png) [@Rigamarole](https://boards.straightdope.com/u/Rigamarole)\ **Post date:** [April 23, 2006, 6:52pm UTC](https://boards.straightdope.com/t/online-gambling-and-getting-arrested/353808/10 "2006-04-23T18:52:02Z")
> [@Otto](#): > > See **Cillasi** ’s post just above yours referencing the Wire Wager Act. I saw that, but the OP made it sound like gambling is just outright illegal, whether on the internet or not. This is what I was questioning. Did he mean he knows it is illegal in his state? ---
**Author:** ![brandt](https://avatars.discourse-cdn.com/v4/letter/b/7c8e57/32.png) [@brandt](https://boards.straightdope.com/u/brandt)\ **Post date:** [April 25, 2006, 1:30am UTC](https://boards.straightdope.com/t/online-gambling-and-getting-arrested/353808/11 "2006-04-25T01:30:42Z")
> [@Rigamarole](#): > > I saw that, but the OP made it sound like gambling is just outright illegal, whether on the internet or not. This is what I was questioning. Did he mean he knows it is illegal in his state? In my question I was asking about federal law and it didn’t really occur to me that other states may be at odds with a national law that outlawed gambling. I still know it’s illegal in my state of Texas. Here, all gambling is illegal unless you’re the state (aka the lottery) or a church/charity…which has always sorta struck me as ironic. From the responses I’ve gotten it seems like the answer is that “yeah, it’s illegal to gamble online according to federal law (albeit untested) and also depending on what state you’re in, but either way they’re not going to enforce it because it’s too time consuming, expensive, etc…” Although, the comment made about the IRS somehow getting the records of those who have made a profit by winning and not reporting it is rather scary. In terms of historical governmental agencies that I would not want to tangle with the IRS ranks third on the list, the next is the Gestopo and then the highest…the US Postal Service, have you seen the penalities for commiting a crime regarding them? Draconian I say. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [April 25, 2006, 2:24am UTC](https://boards.straightdope.com/t/online-gambling-and-getting-arrested/353808/12 "2006-04-25T02:24:22Z")
Here are some discussions of the issues raised in this thread: > **[Journal of Computer-Mediated Communication](https://onlinelibrary.wiley.com/journal/10836101)** > > Click on the title to browse this journal [http://www.gamblingandthelaw.com/internet\_gambling.html](http://www.gamblingandthelaw.com/internet_gambling.html) [http://www.law.duke.edu/journals/dltr/articles/2003dltr0016.html](http://www.law.duke.edu/journals/dltr/articles/2003dltr0016.html) [http://www.usdoj.gov/criminal/cybercrime/crimes.html#IXe](http://www.usdoj.gov/criminal/cybercrime/crimes.html#IXe) [http://www.ipmall.info/hosted\_resources/crs/97-619\_041129.pdf](http://www.ipmall.info/hosted_resources/crs/97-619_041129.pdf) [http://www.ago.mo.gov/newsreleases/1998/92298.htm](http://www.ago.mo.gov/newsreleases/1998/92298.htm) [http://www.wsgc.wa.gov/faq/online\_gambling\_faq.asp](http://www.wsgc.wa.gov/faq/online_gambling_faq.asp) ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [April 25, 2006, 7:51am UTC](https://boards.straightdope.com/t/online-gambling-and-getting-arrested/353808/13 "2006-04-25T07:51:03Z")
IANAL but if online gambling were truly illegal, the Feds would have arrested someone already to make an example of them. Instead they have browbeat the banks and credit card companies into not dealing with online casinos. ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [April 25, 2006, 12:53pm UTC](https://boards.straightdope.com/t/online-gambling-and-getting-arrested/353808/14 "2006-04-25T12:53:50Z")
Cite that the feds have been involved in the decisions of banks and credit card companies to disallow transactions with online gaming sites? ---
**Author:** ![asterion](https://avatars.discourse-cdn.com/v4/letter/a/4da419/32.png) [@asterion](https://boards.straightdope.com/u/asterion)\ **Post date:** [April 25, 2006, 1:30pm UTC](https://boards.straightdope.com/t/online-gambling-and-getting-arrested/353808/15 "2006-04-25T13:30:13Z")
And the US trying to ban online gambling is most likely a WTO violation. Not that it would help you if you were indeed arrested. ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [April 25, 2006, 9:48pm UTC](https://boards.straightdope.com/t/online-gambling-and-getting-arrested/353808/16 "2006-04-25T21:48:00Z")
> [@Otto](#): > > Cite that the feds have been involved in the decisions of banks and credit card companies to disallow transactions with online gaming sites? I’d have to hunt up the cite, but the AG has informed banks that online gambling is illegal and that there can be consequences if they allow transactions to/from gaming cites. I’ll look it up and give you a definative resource. ---
**Author:** ![brandt](https://avatars.discourse-cdn.com/v4/letter/b/7c8e57/32.png) [@brandt](https://boards.straightdope.com/u/brandt)\ **Post date:** [May 4, 2006, 3:37am UTC](https://boards.straightdope.com/t/online-gambling-and-getting-arrested/353808/17 "2006-05-04T03:37:52Z")
THanks for the info. The fact that an average citizen who gambles online really can’t get arrested put my fears to rest. Oh, and really good articles GFactor. Not exactly light bediside reading, but very informative.