There have been several legal challenges to the federal government’s enforcement of laws regulating online gambling. These include challenges based on the Commerce Clause, the First Amendment guarantee of free speech, and the Due Process Clause. In particular, attacks based on the Commerce Clause have had limited success. Commerce Clause doubts are answered by the commercial nature of the gambling industry, while free speech objections are thwarted by the limited protection provided by the First Amendment for crimes facilitating speech. Due Process arguments are also less effective because financial transactions in the United States are involved.
In addition to the CFAA, state laws also restrict online gambling. For example, 31 U.S.C. 5362(10) defines Internet gambling as “the conduct of a person who places, receives, or transmits a bet online, including through a computer.” In addition, online gambling can be considered illegal when it occurs in a state that does not regulate it.