The legal status of sports betting in the US is quite complicated mainly due to the fact that each state can decide whether and how to regulate the industry. So gambling laws vary from one state to another. What adds to the complexity of the legal landscape is that some states allow only specific forms of sports betting. As a result, many operators decided not to accept punters from the United States.
However, many online sportsbooks licensed in foreign countries cater to the needs of bettors residing in the USA. Such sports betting platforms are not required to abide by the US sports betting law simply because they are not licensed in this jurisdiction. As mentioned earlier, many states have already legalized online sports betting, meaning operators can apply for licenses and provide their services without violating the law. A crucial thing to note is that locally regulated sportsbooks are allowed to target only punters from the state in which they are licensed.
Several pieces of legislation affected the development of the US sports betting industry. In 1961, President John F. Kennedy signed the Interstate Wire Act into law, criminalizing the operation of betting businesses. But the law did not expressively prohibit sports fans from placing wagers on various sporting events.
In 1992, the Professional and Amateur Sports Protection Act (PASPA) was signed into law to restrict all but a handful of states from regulating sports betting. The states which were allowed to offer sports betting activities after PASPA include Nevada, Delaware, Montana, and Oregon.
Under PASPA, sports fans from Delaware were allowed to place three-plus team NFL parlays only. The only legal forms of sports betting in Montana were sports pools and fantasy sports leagues, while Oregonians were allowed to place parlay bets. However, Oregon banned parlay betting in 2007, so it could host the NCAA Championship.
In 2006, the Unlawful Internet Gambling Enforcement Act (UIGEA) was signed into law, prohibiting gambling businesses from “knowingly accepting payments in connection with the participation of another person in a bet or wager that involves the use of the Internet and that is unlawful under any federal or state law.” However, the law did not ban fantasy sports, skill games, legal intrastate, and intertribal gaming. The passage of UIGEA triggered an unprecedented exodus of operators.
However, it could not stop offshore operators from accepting players from the United States. But since banks and financial institutions were not allowed to facilitate gambling-related transactions, offshore sportsbooks aimed at US players added cryptocurrencies to their banking pages, effectively bypassing the law.
In 2018, the United States Supreme Court overturned PASPA, paving the way for individual states to regulate sports betting. The decision came after New Jersey challenged the law, claiming that it violates the Tenth Amendment of the US Constitution.