Is Online Poker Legal or Illegal?

Is Playing Internet Poker Against the Law?

Why don’t you put all this poker strategy to the test and play some online poker at 888.com

The short answer to the question, "Is online poker legal or illegal?" is simple:

"It depends."

Unfortunately, even though the "it depends" answer is accurate, it's not a useful or interesting answer. On this page I'll offer some observations and speculation about various aspects of whether or not playing Internet poker is against the law. These observations and speculations aren't to be construed as legal advice; they're just here for your education and entertainment.

By reading the material on this page, you agree to hold me harmless for any of your own decisions related to playing online poker. I'm not a lawyer, this isn't legal advice, and you should consult an attorney if you want a real legal opinion.

Is Online Poker Legal in the USA?

Online poker is illegal in some states in the USA. Some states have specific laws targeting online poker for real money as an activity. And some states have specific laws that outlaw online gambling sites of any kind.

The only federal law that would seem to apply to online gambling of any kind is the Wire Act, but there has been some debate about whether or not the Wire Act applies to poker. The Department of Justice says that it does, but judicial precedent tells a somewhat different story.

Is online poker legal in the USA? It's hard to say for sure unless you live in a state where online poker has been specifically made illegal.

What About the Safe Port Act and/or UIGEA?

Is Online Poker Legal or Illegal? In 2006, Congress passed the Safe Port Act, which included a clause called UIGEA. UIGEA stands for "Unlawful Internet Gambling Enforcement Act." The law makes it illegal to transfer funds to/from an unlawful Internet gambling site.

So is online poker illegal because of UIGEA?

This seems to leave a bit of wiggle room in terms of interpretation. If the Wire Act doesn't apply to online poker, but instead only applies to sports betting, then UIGEA would only seem to apply in states where online poker is explicitly illegal.

Even then, UIGEA doesn't outlaw online gambling of any kind. The law prohibits funds transfers in certain situations, nothing else.

Isn't Poker a Game of Skill?

Poker has a skill element that is not present in other types of gambling games. Craps and roulette, for example, have no skill element at all. But most experienced poker players would agree that the long-term outcomes in poker are determined by skill, not chance.

How does that affect the legality of poker? It's hard to say. Sports betting has an element of skill to it, but it's explicitly illegal because of the Wire Act. So it's hard to draw a comparison between Internet poker law and Internet sports betting law.

Organizations like the Poker Players' Alliance want to have poker treated differently from other gambling games, but as of right now, most (if not all) of the laws that apply to gambling here in the USA don't distinguish between games of skill and games of chance. At least not when wagering is involved.

How Risky Is Playing Poker on the Internet?

Internet Poker Law To my knowledge, no one in the USA has ever been arrested or prosecuted for playing Internet poker. That doesn't mean it won't happen, and it doesn't mean that it can't happen. But people have been playing poker for real money on the Internet now for over a decade, and no one's been arrested yet.

This page probably asks more questions than it answers. That's because the legality of online poker is questionable, and the legislature in the USA haven't done a good job of clearly spelling out the legality or illegality of Internet poker play. The situation may or may not become more clear in the future; it's up to the elected officials here in the USA.

At any rate, you would do well to read more about these issues at some of these other pages:

This page about whether or not online poker is legal was last updated on May 3, 2010. If you have any feedback or comments about Internet poker law, I hope you'll write to me and let me know.