Monday, May 25, 2009

So, is playing online poker legal or not?

While you're all reminiscing about Marty McFly's mom's breast implants (see my last post), here's a question:

Well... err.. see subject. Can you go to Party Poker, Full Tilt Poker, Poker Stars, etc... and deposit money via your checking account, a credit card, etc... and just play online for real money?

But... "Walt", you ask, "Why is this worthy of a blog post? Why don't you just google search for the answer?"

Ahh... "I'm glad you asked," I respond. "I invite you to search the web and give me a lucid, intelligent, well-thought out answer to this question."

And, after you do that and remain as confused as I am, the simple question remains: What are the exact legalities of online gambling? This reminds me of something that sticks with me from my teenage years. I remember smoking cigarettes, underage, in high school and, somehow knowing, that if Rocklin's (Cedar Lane, represent!) sold me cigarettes, they were culpable, not me. Is that similar to online poker? Can I request to play for money, and if a site says, "Sure... we'll take your money.", it's on them?

Can any poker players, or web-savvy individuals, answer this for me?

1 comment:

Pax Dickinson said...

Ok, the following is just my understanding of the current situation. IANAL, YMMV, all rights reserved, this advice not warranteed for any purpose.

Playing poker (online or in person) is legal in just about every US jurisdiction, most laws only cover the actual running of a game, not the playing in one. Even in places where it's technically illegal, I have never heard of a poker player being charged with any crime, even if they are playing in an illegal underground game. Worst that happens is you lose your buy in to the cops.

The catch is that it's illegal for your bank to allow a transfer to an online poker site. Some banks ignore the law though (smaller banks more likely to do so), and allow you to transfer funds.

Many poker sites do not accept real money players from the US, one that still does for sure is Full Tilt, based in the UK I believe. Full Tilt's position is that poker is not gambling, it is a game of skill and hence does not fall under the gambling law. They are basically daring the US to sue them, which has yet to happen.

So you can play on Full Tilt if you can get money deposited, which you can do if your bank cooperates or if you're willing to send a money order or perform some other kind of transfer. Cashing money out is fine, because they can just send you a check.

It's safe to try to do a deposit IMHO because i have never, ever heard of any player getting in trouble, the only ones getting arrested have been owners of offshore gambling companies who enter the US.

Does that help?