Advertising Online Casinos: An Analysis of the Legal Rights and Risks

Advertising Online Casinos: An Analysis of the Legal Rights and Risks Advertising Online Casinos: An Analysis of the Legal Rights and Risks LAWRENCE G. WALTERS INTRODUCTION W at anywhere between two hundred million and two billion dollars per year, numerous mainstream companies currently accept advertising from online casinos that are most often based in jurisdictions outside the United States. Some foreign online casinos also generate their own marketing strategies inhouse. Notably, many webmasters have implemented or are considering some form of online casino affiliate program. While the legality of online gaming itself is still an open question as a result of conflicting court decisions and stalled legislation, the legal issues relating to advertising online gambling services are even more obscure. One of the reasons is that the power of the government to regulate advertising of a particular product or service is not coextensive with its ability to regulate or ban the same product or service. This article will explore the historical treatment of gambling advertising by the courts, evaluate the current regulatory climate, and suggest some possible theories for legal challenges in the future. ITH REVENUES PEGGED HISTORICAL TREATMENT OF GAMBLING ADVERTISEMENTS Traditional federal regulations of gambling promotion The promotion of commercial lotteries and other forms of traditional gambling http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Gaming Law Review Mary Ann Liebert

Advertising Online Casinos: An Analysis of the Legal Rights and Risks

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Advertising Online Casinos: An Analysis of the Legal Rights and Risks

Abstract

Advertising Online Casinos: An Analysis of the Legal Rights and Risks LAWRENCE G. WALTERS INTRODUCTION W at anywhere between two hundred million and two billion dollars per year, numerous mainstream companies currently accept advertising from online casinos that are most often based in jurisdictions outside the United States. Some foreign online casinos also generate their own marketing strategies inhouse. Notably, many webmasters have implemented or are considering some form of online casino affiliate program. While the legality of online gaming itself is still an open question as a result of conflicting court decisions and stalled legislation, the legal issues relating to advertising online gambling services are even more obscure. One of the reasons is that the power of the government to regulate advertising of a particular product or service is not coextensive with its ability to regulate or ban the same product or service. This article will explore the historical treatment of gambling advertising by the courts, evaluate the current regulatory climate, and suggest some possible theories for legal challenges in the future. ITH REVENUES PEGGED HISTORICAL TREATMENT OF GAMBLING ADVERTISEMENTS Traditional federal regulations of gambling promotion The promotion of commercial lotteries and other forms of traditional gambling
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Publisher
Mary Ann Liebert
Copyright
Copyright 2003 Mary Ann Liebert, Inc.
Subject
Original Papers
ISSN
1092-1885
eISSN
1092-1885
D.O.I.
10.1089/109218803321629681
Publisher site
See Article on Publisher Site

Abstract

Advertising Online Casinos: An Analysis of the Legal Rights and Risks LAWRENCE G. WALTERS INTRODUCTION W at anywhere between two hundred million and two billion dollars per year, numerous mainstream companies currently accept advertising from online casinos that are most often based in jurisdictions outside the United States. Some foreign online casinos also generate their own marketing strategies inhouse. Notably, many webmasters have implemented or are considering some form of online casino affiliate program. While the legality of online gaming itself is still an open question as a result of conflicting court decisions and stalled legislation, the legal issues relating to advertising online gambling services are even more obscure. One of the reasons is that the power of the government to regulate advertising of a particular product or service is not coextensive with its ability to regulate or ban the same product or service. This article will explore the historical treatment of gambling advertising by the courts, evaluate the current regulatory climate, and suggest some possible theories for legal challenges in the future. ITH REVENUES PEGGED HISTORICAL TREATMENT OF GAMBLING ADVERTISEMENTS Traditional federal regulations of gambling promotion The promotion of commercial lotteries and other forms of traditional gambling

Journal

Gaming Law ReviewMary Ann Liebert

Published: Apr 1, 2003

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