If you’re looking for the legal status of NY online gambling, then you’ve come to the right place. Since 2011, online gambling in the United States has been considered at the state level in over a dozen states, including New York.
While many expected the US Congress to step in and regulate online gambling, Congressional lawmakers have drug their heels on the matter for nearly a decade. As such, state lawmakers have taken matters into their own hands.
On this site, you learn about NY gambling sites, the legalities behind online gambling in New York, and what you can expect in the state once online gambling is officially legal in New York.
Sports Betting in NY
The state legislature already authorizes sports betting in New York, but online sports betting is not yet legal. However, that is expected to change soon. New York is one of the states expected to regulated sports betting in 2019.
However, while the legislature appears ready to pass a bill, there are reports that Governor Andrew Cuomo may veto any bill passed and sent to his office. The Governor believes an amendment to the state constitution is needed before sports betting can be fully regulated outside of existing private and Native American casinos.
Despite this potential setback, it is still believed that lawmakers may be able to push through sports betting in 2019. It is possible that the Governor’s threats of a veto are merely a negotiating tactic as he plans to use sports betting tax revenue to close budget gaps.
Online Casino in NY
Online casino games are presently unregulated, and it is illegal for outside operators or regulated state casinos to offer real money online casino gaming to New York citizens. While the neighboring states of New Jersey and Pennsylvania have both regulated online casino games, New York has yet to take this step.
Online casino games appear to be a low priority at this time, but we do estimate that once lawmakers pass sports betting and online poker, NY online gambling will be next on the agenda. This will be viewed as a necessary step for the state to take to compete with nearby states that are already online or soon will be.
Online Poker in NY
Online poker in New York is presently unregulated, and it is against the law for casinos or other entities to offer online poker to the citizens of New York. The state presently doesn’t criminalize the act of playing online poker by citizens, but they will prosecute anyone that operates an illegal online poker site.
The state legislature has made multiple attempts to regulate online poker, and a bill has already been filed in the State Senate for 2019. If passed, expect PokerStars, WSOP.com, and partypoker to be prominent online poker sites in NY.
Online Gambling in the US Status
The legal status of online poker has become a bit tenuous in recent weeks. Back in 2011, the United States Department of Justice released a memo stating that the Federal Wire Act was only applicable to sports betting. As a result of this opinion, several states began exploring their options for legalizing online poker and online casino games.
Following the 2011 opinion, four states have regulated online gambling in one form or another. Delaware was the first state to regulate online gambling following the decision, regulated online poker and casino games in 2012. Nevada regulated online poker in 2013 and soon after New Jersey regulated online poker and casino games. Pennsylvania became the fourth state to regulate online gambling, passing a bill in October 2017 that regulated multiple forms of gambling, including online casino games and online poker.
However, a recent opinion dated November 2, 2018, has reversed the 2011 opinion. In the new opinion, the DOJ has determined that the Wire Act applies to all forms of online gambling. The Wire Act prohibits the transmission of gambling-related data across state lines. As such, any states that have regulated online gambling must ensure their data remains within state lines, or face prosecution from the DOJ.
What does this mean? Per the new opinion, regulated online gambling and all processes related to it must operate within state lines. This may even lead to the shutdown of the shared online poker network between New Jersey, Delaware, and Nevada. However, it is expected that this opinion will be challenged in the courts.
For now, the status of online gambling in the United States remains a state-level issue. States must decide whether or not they will regulate online gambling. States that have considered online gambling regulation include Indiana, West Virginia, Mississippi, Massachusetts, California, Florida, Rhode Island, and Michigan. So far, only Utah has explicitly opted out of online gambling with lawmakers passing a bill in 2012 making online gambling illegal.
The question of the legal standing of the Wire Act concerning online gambling is the most critical matter presently facing regulated online gambling in the United States. If the DOJ’s opinion is upheld, then expect the pace of regulation to slow as states work to comply with the Wire Act.