International Online Gambling: A New Business Evolving Beyond State Regulations

Abstract

International online gambling sites are becoming increasingly prominent in the lives of those living in the United States, reaching across the country in ways land-based casinos and sports betting never have. These sites circumnavigate the patchwork, state-based gambling regulations of the United States and other nations, causing lost tax revenue and harm to the personal well-being of players. The international nature of these online gambling sites suggests that the Federal Government has more authority on this issue than it has so far exercised. Federal and comparable international policies; technological and methodological advancements in identification; self-exclusion; and the recent TikTok ban provide possible frameworks for better enforcement of regulations of international online gambling sites. This Note demonstrates the shortcomings of state-based gambling regulations when it comes to enforcing such regulations on international online gambling sites. The issue is broad in scope, and the patchwork nature of the states’ regulations on gambling requires flexible solutions for their enforcement. Ultimately, the Federal Government is the most apt to employ various international policies, as well as technological and methodological solutions for gambling regulation enforcement. Because international online gambling is such a new business, it is important to approach these issues now, explore the extent of federal and state powers over them, and employ solutions before international online gambling explodes into a much greater problem.