The internet gambling discussion on gamblingandthelaw.com suggests
that it's not currently illegal for an individual to engage in online
wagering activity, although the various recent proposals for an
anti-internet gambling statute would make this a misdemeanor (one
unlikely to be enforced).
Enforcement focus is on the gambling enterprises themselves and the
agencies that facilitate the transfer of funds by wagerers.
Prosecutions have mostly involved individuals who have actively
managed "off shore" gambling business from US territory.
So long as the business is maintained and managed outside the US the
only aspect really open to enforcement is the funding of wagers.
Originally, funding of most online wagers was handled through
"purchases" by credit card. Most, if not all, reputable credit card
providers have ceased business with these firms under pressure of
threatened prosecution. That left internet gambling sites scrambling
for other easy funding mechanisms.
Cryptologic, a Canadian firm operating various gambling websites,
formed a wholly owned funding conduit (ecash) through whom credit card
purchases could be made. However, it appears that credit card issuers
are no longer accepting charges from ecash. Paypal served as another
funding conduit, however, it is ceasing (or has ceased) to accept
charges for internet gambling with the pending acquisition by Ebay.
Many online gaming firms are now seeking out non-US based cash
transfer firms that operate in a similar manner as Paypal.
Prosecuting this funding conduit is much more tricky since, so long as
the funding agency is legitimate and has diverse customers, payments
by US credit card companies are not illegal. And the operations of
the off-shore funding agency are beyond the reach of US regulators.
An intricate web of legislation is eventually going to be necessary to
keep US citizens from internet wagering. As "mc" suggests,
legalizing, regulating and taxing internet gambling is the more
pragmatic direction to take.
As a footnote, the announcement by MGM that it intends to proceed into
the online gaming field but does not intend to do business with US
citizens can be treated as on the "up and up". They won't be turning
a blind eye to US participation.
If you think otherwise, just wait until you try to get them to mail
you winnings. Unlike other offshore entities, the ultimate US
ownership of the MGM enterprise will ensure a strong incentive not to
draw the ire of US regulators.
- Harry