The meteoric rise of cryptocurrencies and subsequent legalization in various countries and states have created a new fervor for digitized gambling, manifesting in the form of cryptocurrency gambling. It’s a fascinating new frontier that couples the thrill and allure of gambling with the potency and immediacy of cryptocurrencies. However, given the intricate and at times enigmatic nature of US legislation, understanding the current position and future prospect of cryptocurrency gambling under US law can present a complex challenge. This article aims to demystify that patchwork quilt of regulation, state by state, from coast to coast.
Cryptocurrencies such as Bitcoin, Ethereum and Litecoin are redefining the way we conceive of value, currency and, indeed, financial transactions. The potential for blockchain technology to revolutionize industries from logistics to healthcare is widely acknowledged. But perhaps nowhere is this potential more nascent – or more controversial – than in the realm of gambling.
The excitement generated by cryptocurrency gaming can be linked to a variety of factors, notably the potential for increased transparency via blockchain technology, potentially faster payouts, and the allure of engaging with gaming environments and platforms that sit at the cutting edge of tech development. However, just as with other forms of gambling, legality is central to understanding, participating and indeed succeeding in the world of crypto gambling.
On a federal level, the legislative landscape in the United States is a complex one. The seminal 1961 Wire Act initially prohibited all forms of online gambling. However, in 2011, the Department of Justice opined that the Act applied only to sports betting. This distinction effectively paved the way for states to legalize non-sports online gambling.
Then, there is the issue of the legality of cryptocurrencies themselves. Only earlier this year, Wyoming became the first state to categorize digital assets as legal property, thereby setting a significant precedent in the fight for cryptocurrency legitimacy.
As such, both online gambling and cryptocurrencies hover in a sort of legislative gray area, with delineations varying from state to state. The result is what can only be described as a patchwork quilt of regulation. For instance, states such as Delaware, Nevada, and New Jersey have all made steps towards legalizing and regulating online gambling in some form, offering licensed online casinos. On the other hand, states like Utah and Washington have stringent laws against online gambling, with the latter even prohibiting the activity altogether.
This is where it becomes even more convoluted for cryptocurrency gambling. Some states like New York have stringent regulations in place for cryptocurrencies. The infamous “BitLicense” in New York makes it markedly difficult for crypto businesses to operate within the state. On the other hand, other states, including Nevada and Washington, have shown friendliness towards cryptocurrencies but hold contrary standpoints on gambling.
Moving forward, it is clear that the regulation maze will persevere. One prediction by industry analysts is that we may see an adaptation of existing gambling legislation to cater to the reality of crypto gambling.
Looking at the traction gained by crypto gambling platforms like Stake.com and BitcoinCasino.us, it is clear that despite the legislative hurdles, there is market efficacy and public demand for such crypto-based services. It may well be that the growing popularity and use of cryptocurrencies in various domains will precipitate greater federal and state-level legislation and validation.
To summarize, there is no catch-all answer to whether cryptocurrency gambling is legal in the US. Rather, it is a question of geography, chance, and most importantly, keeping a finger on the pulse of state-level legislation. Cryptocurrency gambling exists at the intersection of tech innovation, leisure culture, and legal enigma. What is clear is that as the norms around monetary exchange continue to evolve so too will the legislative dialogue surrounding it.
For players and operators alike, understanding current regulations and staying abreast of legislative changes are vital. With the situation fluid and changing, an understanding of the law nuances is elemental to responsibly navigate the captivating but intricate world of cryptocurrency gambling.
Sources:
1. US Department of Justice. (2011). “Whether Proposals by Illinois and New York to Use the Internet and Out-of-State Transaction Processors to Sell Lottery Tickets to In-State Adults Violate the Wire Act.”
2. Chan, P. (2021). “Wyoming is the first US state to classify digital assets as legal property – is the rest of the US next?” SiliconANGLE.
3. Wall Street Journal. (2020). “States Bedeviled by Patchwork Approach to Managing Coronavirus.”
4. Winston & Strawn LLP. (2019). “Online Gambling in the United States: A Patchwork of Laws.”
5. Lexology. (2020). “Cryptocurrency Regulation in the United States: a Legal Overview.”
6. Price Waterhouse Coopers. (2020). “Gambling in the United States: overview.”
