He said the department had also consulted on making changes to the Gambling Act 2005 to ensure the Gambling Commission could share intelligence from police and other agencies.
But even as Congress illegalized online gambling act last year, virtual economies like Second Life have remained in a legal gray area, allowing players to wager game currency that is often traded for real-world money.
The Unlawful Internet Gambling Enforcement act of 2006 limited credit card use for online gambling, but kept fantasy sports legal.
For example, Kaplan said that even if Campos and Elie argued they were only financial transaction providers they might not be exempt from violating the Unlawful Internet Gambling Enforcement Act if they had knowledge of bets and were controlled by unlawful online gambling firms.
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Finally, a third federal law that may disallow online, pay-to-enter NCAA Tournament pools is the Uniform Internet Gambling Enforcement Act.
The Unlawful Internet Gambling Enforcement Act comes into full effect Tuesday nearly four years after Congress passed the law under controversial circumstances.
The financial firms are on the front lines, especially since the Unlawful Internet Gambling Enforcement Act came into full effect in June.
More recently, U.S. Senator Jon Kyl of Arizona has filed an Internet-specific anti-gaming bill called the Internet Gambling Prohibition Act, expected to be signed into law in the U.S. later this year.
In response, American authorities began invoking statutes such as the Wire Act to prevent offshore gambling providers from accessing the American market.
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In late 2011, the Justice Department flip-flopped on one of its most important online gambling positions, claiming the Wire Act only applied to sports betting and not online poker.
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However, the act of 1988 specified that gambling on tribal lands had to conform to existing state law: that is, tribes could offer only the sort of thing the state already permitted.
Legal opinion is divided over the extent to which the 1961 Wire Act, a statute designed to stop gambling over the phone, can be applied to betting over the internet.
The Department of Justice years ago took the position that the federal Wire Act of 1961 prohibited all sorts of online gambling even though the law itself seemed to only apply to sports betting.
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