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Lesson 1 of 6 · 16 min

The Federal Framework

Why the states regulate and the federal government constrains: the Wire Act and its three readings, PASPA and Murphy v NCAA, UIGEA, IGRA, the other federal statutes, and the Commodity Exchange Act as the new frontier.

Fact-checked 23 September 2026 by iGaming Times editorial team · 30 sources

In this lesson

  • Explain why gambling in the United States is state-regulated and what the federal layer does
  • Describe the Wire Act, the 2011 and 2018 opinions and the 2021 First Circuit decision, and their effect on online products
  • State what Murphy v NCAA decided and why it created the modern market
  • Distinguish UIGEA, IGRA, the Illegal Gambling Business Act, the Interstate Horseracing Act and the Commodity Exchange Act

Why the United States has fifty gambling regimes

The United States does not regulate gambling; its states do. The federal government has never licensed a casino, a sportsbook or a lottery, and the statutes it has passed on gambling exist to police the boundaries between states, to keep organised crime out of an activity the states permit, and to govern the relationship between states and the sovereign tribal nations inside them. Everything an operator does in the American market happens under a state licence, and the federal layer is a set of constraints on what states and operators may do across state lines and over the wires.

Understanding that layer is the foundation for the rest of this course, because it explains the shape of the market: why online sports betting is confined within each state's borders, why online poker liquidity is pooled through interstate compacts, why prediction markets have become a federal-versus-state battleground, and why the whole industry dates its modern era from a Supreme Court decision in 2018.

The Wire Act of 1961

The Interstate Wire Act, passed in 1961 as part of Attorney General Robert Kennedy's programme to curb organised crime and racketeering, prohibits anyone in the business of betting or wagering from knowingly using a wire communication facility to transmit bets or wagers, or information assisting in the placing of bets, on sporting events or contests across state lines. Written for telephone bookmaking, it became the central question of the internet era: does it cover only sports betting, or all gambling?

The Department of Justice's position has shifted twice. From at least 2005 its Criminal Division treated the Act as covering all online gambling, including in-state lottery sales routed across state lines. In 2011, after New York and Illinois asked about selling lottery tickets online, the Office of Legal Counsel issued an opinion that the Act applies only to sports betting, which opened the door to state-licensed online casinos and poker and to the sale of lottery tickets online. In November 2018 a new opinion reversed that reading, concluding that all but one of the Act's prohibitions reach all forms of gambling. The New Hampshire Lottery Commission sued, and in January 2021 the First Circuit Court of Appeals held that the Act applies only to sports betting. The Department let the deadline for Supreme Court review pass in June 2021 and said it would not seek it, and in practice the 2011 reading is the operative one, though as precedent the ruling binds only within the First Circuit. The practical consequence is that state-licensed online casino, poker and lottery operate on the understanding that intrastate transactions routed across state lines incidentally do not violate federal law, and that interstate poker pooling under compacts between states is lawful.

For sports betting the Act still matters. An online sportsbook must accept bets only from customers physically within the licensing state, which is why geolocation is a licensing requirement rather than a convenience, and why a customer in one state cannot bet with an operator licensed in another even if both states have legalised.

The Professional and Amateur Sports Protection Act and its fall

PASPA, passed in 1992, prohibited states from authorising sports betting, with grandfather provisions for Nevada's casino sports betting and for three states that ran sports lotteries or allowed sports pools, and a one-year window for New Jersey that it did not use. It froze the market for twenty-six years. New Jersey challenged it, first through a 2011 voter referendum and a 2012 law that was struck down, then through a 2014 partial repeal of its own prohibitions that the sports leagues sued to block.

In Murphy v NCAA (May 2018) the Supreme Court held that PASPA violated the anti-commandeering doctrine: Congress may regulate sports betting itself but may not order states not to. No provision of PASPA was severable, so the statute was struck down in its entirety. Within a month Delaware, the first state outside Nevada to launch, and New Jersey were taking bets, New Jersey's first legal wagers being placed on 14 June 2018, and other states followed quickly. By May 2026, according to a FOX Sports tracker, thirty-nine states plus the District of Columbia permitted sports betting in some form, thirty of them with online betting through licensed apps, and Puerto Rico has its own regulated sports betting market, online included. Murphy is the event that created the modern American industry, and its logic (Congress may regulate, it may not commandeer) frames every subsequent federal proposal.

The Unlawful Internet Gambling Enforcement Act

UIGEA, passed in 2006 as Title VIII of the SAFE Port Act, a port security bill, does not make any gambling illegal. It prohibits gambling businesses from knowingly accepting payments in connection with unlawful internet gambling, where "unlawful" is defined by reference to state and other federal law, and it requires payment systems to identify and block such transactions. Its effect was to make American banks and card issuers largely unwilling to process payments for offshore gambling sites. The largest offshore poker rooms stayed in the market regardless, and the 2011 poker enforcement action that closed them to Americans charged UIGEA violations alongside bank fraud, money laundering and running an illegal gambling business.

UIGEA contains carve-outs that shaped the industry: intrastate transactions authorised by state law, intratribal transactions under IGRA, and, in the definition of "bet or wager", an exemption for fantasy sports contests that meet specified conditions. That exemption is the statutory basis daily fantasy sports operators relied on for a decade and the origin of the argument, still running, about where fantasy ends and betting begins.

The Indian Gaming Regulatory Act

IGRA, passed in 1988 after the Supreme Court held in California v Cabazon Band (1987) that a state which permits a form of gambling cannot enforce its gaming regulations on tribal land, created the framework for tribal gaming. It divides gaming into three classes: Class I (traditional and social games, tribal jurisdiction), Class II (bingo and non-banked card games, tribal jurisdiction with federal oversight by the National Indian Gaming Commission), and Class III (everything else, including casino games and sports betting), which a tribe may offer only under a compact negotiated with the state and approved by the Secretary of the Interior. Compacts set the games, the regulatory arrangements and, commonly, revenue sharing with the state in exchange for exclusivity.

IGRA is why tribal casinos are the dominant land-based operators in many states, why tribes hold exclusivity that shapes online legislation in California, Florida, Oklahoma and elsewhere, and why the question of whether a bet placed on a phone off tribal land but processed on a server on tribal land "occurs" on Indian lands was litigated to the Supreme Court's doorstep over Florida's compact with the Seminole Tribe. Lesson five covers the tribal framework in detail.

Other federal statutes

The Illegal Gambling Business Act (1970) makes it a federal crime to run a gambling business that violates state law, with thresholds on size and duration: five or more people involved, and more than thirty days of continuous operation or $2,000 of gross revenue in a single day; it is the statute used against offshore operators and bookmaking rings. The Travel Act (1961) covers interstate travel or communication in aid of unlawful activity including gambling. The Interstate Horseracing Act (1978, amended 2000) permits interstate off-track pari-mutuel wagering on horse racing with the consent of the host track, the horsemen's group and the racing commissions, and the 2000 amendment extended it to wagers placed by telephone or other electronic media where lawful in each state involved, which is why online horse racing betting has been offered across state lines, in the states that permit it, since long before anything else was. Federal tax law taxes gambling winnings as income, imposes an excise tax on sports wagers (0.25 per cent of the amount wagered where the bet is authorised by state law), and requires reporting and withholding by operators, covered in lesson four.

The Commodity Exchange Act and the new frontier

The most consequential federal statute of the 2020s was not written for gambling at all. The Commodity Exchange Act gives the Commodity Futures Trading Commission exclusive jurisdiction over futures, options and swaps traded on registered exchanges, and event contracts (binary contracts on whether an event occurs) are derivatives. When exchanges registered with the CFTC began listing contracts on election outcomes, in late 2024, and then on sporting events, from January 2025, they claimed federal preemption of state gambling law: a contract on a designated contract market is a federal instrument, and no state may prohibit it. The Act does give the CFTC a lever of its own: it may bar event contracts involving gaming, or activity unlawful under state law, as contrary to the public interest, and it used that power in 2023 against contracts on control of Congress. States and tribes disagreed, and the resulting litigation, cease-and-desist orders and rulemaking are covered in lesson six. The point for this lesson is that the federal layer, which for sixty years constrained gambling, has become the vehicle through which a form of sports betting reaches states that have not legalised it.

How the layers fit together

An online operator in the United States therefore works within a stack: a state licence that authorises the product within the state's borders; geolocation and payment controls that keep transactions intrastate for Wire Act and UIGEA purposes; a tribal compact where the state's model runs through tribes; federal tax and anti-money-laundering obligations; and, at the edges, federal regimes (horse racing, fantasy sports, event contracts) that cut across the state framework. The rest of this course works through each layer in turn.

What to take from this lesson

Gambling in the United States is state-regulated, with a federal layer that constrains rather than licenses. The Wire Act, read by the Justice Department in 2011 and by the First Circuit in 2021 as covering sports betting only, keeps online sports betting intrastate; PASPA's fall in Murphy v NCAA in 2018 created the modern market; UIGEA polices payments rather than gambling and carved out fantasy sports; IGRA governs tribal gaming through compacts; and the Commodity Exchange Act has become the route by which federally regulated event contracts challenge state authority.

Key terms

Wire Act
The 1961 federal statute prohibiting anyone in the business of betting from knowingly using a wire communication facility to transmit bets or wagers across state lines; read by the Justice Department in 2011, and by the First Circuit in 2021, as covering sports betting only.
Murphy v NCAA
The 2018 Supreme Court decision striking down PASPA as unconstitutional commandeering of the states, which opened sports betting to state legalisation.
UIGEA
The 2006 Unlawful Internet Gambling Enforcement Act, which prohibits gambling businesses from knowingly accepting payments for internet gambling unlawful under other law, requires payment systems to block such transactions, and exempts qualifying fantasy contests.
IGRA
The 1988 Indian Gaming Regulatory Act, dividing tribal gaming into three classes and requiring a tribal-state compact, approved by the Secretary of the Interior, for Class III casino gaming.
Anti-commandeering
The constitutional doctrine that Congress may not order state governments to enact or refrain from enacting laws; the basis of Murphy and the limit on any federal gambling framework.

Key takeaways

  • The federal government has never licensed gambling; its statutes police state lines, organised crime and tribal relations.
  • The Wire Act, read by the Justice Department's 2011 opinion and by the First Circuit in 2021 as covering sports betting only, keeps online sports betting intrastate and permits interstate poker compacts.
  • Murphy v NCAA (2018) struck PASPA down on anti-commandeering grounds: Congress may regulate sports betting but may not order states not to.
  • UIGEA polices payments rather than gambling and carved out fantasy sports; IGRA channels tribal gaming through compacts.
  • The Commodity Exchange Act has become the route by which federally regulated event contracts challenge state authority.

Sources

The legislation, regulator material and research this lesson was checked against.

  1. 18 U.S. Code § 1084, Transmission of wagering information (the Wire Act), Legal Information Institute, Cornell Law School, accessed 2026-09-23
  2. Attorney General: Robert F. Kennedy (64th Attorney General, 1961 to 1964), US Department of Justice, accessed 2026-09-23
  3. New Hampshire Lottery Commission v. Rosen, No. 19-1835 (1st Cir. 20 January 2021), US Court of Appeals for the First Circuit, accessed 2026-09-23
  4. DOJ Throws in the Towel on Wire Act Interpretation, But Congressional Action May Loom, Washington Legal Foundation, accessed 2026-09-23
  5. 28 U.S. Code § 3702, Unlawful sports gambling (PASPA, Pub. L. 102-559, 28 October 1992), Legal Information Institute, Cornell Law School, accessed 2026-09-23
  6. Murphy v. National Collegiate Athletic Association, 584 U.S. 453 (2018), opinion of the Court, Legal Information Institute, Cornell Law School, accessed 2026-10-16
  7. Sports Betting Officially Starts At Monmouth Park As Gov. Murphy Makes First Bet, Monmouth Park, accessed 2026-09-23
  8. Sports Betting States Where It Is Legal in the US 2026, FOX Sports, accessed 2026-09-23
  9. Puerto Rico Sports Betting Regulations, Number 9316, Puerto Rico Gaming Commission, accessed 2026-09-23
  10. 31 U.S. Code § 5301, notes (short title of the Unlawful Internet Gambling Enforcement Act, Pub. L. 109-347 title VIII), Legal Information Institute, Cornell Law School, accessed 2026-09-23
  11. Public Law 109-347, Security and Accountability For Every Port Act of 2006 (SAFE Port Act), US Government Publishing Office, accessed 2026-09-23
  12. 31 U.S. Code § 5362, Definitions (UIGEA), Legal Information Institute, Cornell Law School, accessed 2026-09-23
  13. 31 U.S. Code § 5363, Prohibition on acceptance of any financial instrument for unlawful Internet gambling, Legal Information Institute, Cornell Law School, accessed 2026-09-23
  14. 31 U.S. Code § 5364, Policies and procedures to identify and prevent restricted transactions, Legal Information Institute, Cornell Law School, accessed 2026-09-23
  15. Manhattan U.S. Attorney charges principals of three largest internet poker companies (15 April 2011), US Attorney, Southern District of New York, US Department of Justice, accessed 2026-09-23
  16. California v. Cabazon Band of Mission Indians, 480 U.S. 202 (1987), Legal Information Institute, Cornell Law School, accessed 2026-09-23
  17. 25 U.S. Code § 2703, Definitions (Indian Gaming Regulatory Act), Legal Information Institute, Cornell Law School, accessed 2026-09-23
  18. 25 U.S. Code § 2710, Tribal gaming ordinances (Indian Gaming Regulatory Act), Legal Information Institute, Cornell Law School, accessed 2026-09-23
  19. West Flagler Associates v. Haaland, No. 23A315, application for stay denied (25 October 2023), Supreme Court of the United States, accessed 2026-09-23
  20. 18 U.S. Code § 1955, Prohibition of illegal gambling businesses, Legal Information Institute, Cornell Law School, accessed 2026-09-23
  21. 18 U.S. Code § 1952, Interstate and foreign travel or transportation in aid of racketeering enterprises (the Travel Act), Legal Information Institute, Cornell Law School, accessed 2026-09-23
  22. 15 U.S. Code § 3002, Definitions (Interstate Horseracing Act), Legal Information Institute, Cornell Law School, accessed 2026-09-23
  23. 15 U.S. Code § 3004, Regulation of interstate off-track wagers, Legal Information Institute, Cornell Law School, accessed 2026-09-23
  24. 26 U.S. Code § 4401, Imposition of tax (wagering excise tax), Legal Information Institute, Cornell Law School, accessed 2026-09-23
  25. 26 U.S. Code § 3402, Income tax collected at source (subsection (q), gambling winnings), Legal Information Institute, Cornell Law School, accessed 2026-09-23
  26. 7 U.S. Code § 2, Jurisdiction of Commission, Legal Information Institute, Cornell Law School, accessed 2026-09-23
  27. 7 U.S. Code § 7a-2, Common provisions applicable to registered entities (event contracts special rule), Legal Information Institute, Cornell Law School, accessed 2026-09-23
  28. CFTC Disapproves KalshiEX LLC's Congressional Control Contracts (22 September 2023), Commodity Futures Trading Commission, accessed 2026-09-23
  29. KalshiEX LLC, Regulation 40.2(a) notification, 2024 US presidential election contract (29 October 2024), Commodity Futures Trading Commission, accessed 2026-09-23
  30. KalshiEX LLC, Regulation 40.2(a) notification, "Will <team> win <title>?" contract (22 January 2025), Commodity Futures Trading Commission, accessed 2026-09-23

Check your understanding

3 questions · answer them all, then check.

  1. 1. What did the Supreme Court hold in Murphy v NCAA?

  2. 2. Why does the Wire Act matter for interstate online poker?

  3. 3. What does UIGEA prohibit?

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