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There are many good policy reasons to amend the Wire Act in this fashion. Chief among them is that it would foster the growth of online sports betting across state lines, the effect of which would to capture a greater percentage of offshore betting markets, which are readily accessible to customers in the U.S. through unblocked Internet sites. Eighty percent of the current illegal betting is conducted online, so if we hope to create an alternative to black market betting, states must be free to authorize mobile betting, including the ability to pool wagers across multiple states. The illegal markets are so popular in part because consumers have gotten a quality, efficient product online. To capture customers from the illegal market, U.S. operators must be able to provide a level of service and access that bettors have grown accustomed to over the years, which means it has to be online, accessible via mobile devices and extremely convenient to use. Additionally, the Wire Act – in its current iteration – poses an unnecessary (and unintended) level of risk to companies operating legally even in those states that have authorized mobile sports betting. For example, those states that have legalized mobile sports wagering are doing so based on the logical premise that wholly intrastate betting would not violate the Wire Act.
For the original version including any supplementary images or video, visit https://www.forbes.com/sites/danielwallach/2018/07/08/did-the-supreme-court-reinterpret-the-wire-act-to-allow-cross-border-internet-sports-betting/
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