The legality of online gambling is contested on several fronts. There are constitutional concerns, as well as questions about whether a federal law can regulate the activity. The Commerce Clause’s limits on federal power over commerce are one concern, while the Due Process Clause focuses on the rights of individuals to free speech.
Several federal statutes address the legality of online gambling. For example, 31 U.S.C. 5362(a) defines “interstate gambling” as “gambling on the internet exclusively within a state.” While this statute is interpreted to cover gambling, it is not the only source of legal problems relating to online gambling.