Federal Wire Act
|Enacted by the||87th United States Congress|
|Effective||September 13, 1961|
|Public Law||Public Law 87-216|
|Stat.||75 Stat. 491|
The Interstate Wire Act of 1961, often called the Federal Wire Act, is a United States federal law prohibiting the operation of certain types of betting businesses in the United States. It begins with the text:
- Whoever being engaged in the business of betting or wagering knowingly uses a wire communication facility for the transmission in interstate or foreign commerce of bets or wagers or information assisting in the placing of bets or wagers on any sporting event or contest, or for the transmission of a wire communication which entitles the recipient to receive money or credit as a result of bets or wagers, or for information assisting in the placing of bets or wagers, shall be fined under this title or imprisoned not more than two years, or both.
In September 2011, the US Department of Justice released to the public a formal legal opinion on the scope of the Act concluding, "interstate transmissions of wire communications that do not relate to a 'sporting event or contest' fall outside the reach of the Wire Act."
The U.S. Fifth Circuit Court of Appeals has ruled that the Wire Act prohibition on the transmission of wagers applies only to sports betting and not other types of online gambling. The Supreme Court has not ruled on the meaning of the Federal Wire Act as it pertains to online gambling.
After being selected to become US Attorney General, Robert F. Kennedy suggested to the 87th United States Congress to pass legislation which would make interstate gambling illegal. Kennedy's goal of the legislation was to help the United States Justice Department stop organized crime from trafficking. One of the eight bills given to Congress was Senate Bill 1656—The Wire Act.
- 18 U.S.C. § 1084
- "Whether Proposals by Illinois and New York State to Use the Internet and Out-of-State Transaction Processors to Sell Lottery Tickets to In-State Adults Violate the Wire Act". United States Department of Justice. September 20, 2011. p. 1. Retrieved June 29, 2012.
- "In RE: Mastercard International Inc. Internet Gambling Litigation". FindLaw. November 20, 2002. Retrieved June 29, 2012.
- Schwartz (2010), p. 535
- Schwartz (2010), p. 553
- Schwartz (2010), p. 537
- Schwartz, David (September 2010). "Not Undertaking the Almost-Impossible Task: The 1961 Wire Act's Development, Initial Applications, and Ultimate Purpose". Gaming Law Review and Economics 14 (7): 533–540. doi:10.1089/glre.2010.14708.
- Wire Act at Gambling-law-us.com
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