Wire Act Ruling a Win for iGaming and Lotteries, Status Quo for Sports Betting—for Now
On Jan. 20, 2021, the U.S. Court of Appeals for the First Circuit issued a potentially historic ruling in New Hampshire Lottery Commission et al. v. Barr et al., by rejecting an appeal brought by the U.S. Department of Justice (DOJ). The DOJ’s appeal created uncertainty for the future of the online gambling industry. Essentially, the Court reaffirmed a June 3, 2019 decision, issued by a federal district court judge in New Hampshire, finding that the Wire Act applies only to gambling activities on sporting events and does not prohibit other forms of gambling conducted over the internet—including online casino gaming (iGaming) or online lotteries (although iGaming or online lotteries may be prohibited by other laws in various states).
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