While issues such as international treaties, extraterritorial statutory application, and comity may pose difficult (if not insurmountable) barriers to the application of state law to a licensed offshore gambling enterprise with no other presence in the United States, another barrier may be lurking in the United States Constitution. The individual states may lack the constitutional authority to regulate the offering of online gambling services to their residents under the somewhat esoteric principal known as the “dormant” Commerce Clause.
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Lawrence G. Walters is a partner with the national firm of Weston, Garrou, DeWitt & Walters, with offices in Orlando, Los Angeles and San Diego. The firm practices in the area of Free Speech regulation, Internet law, Gaming law and Advertising issues. Nothing in this article is intended as legal advice. Please consult with your personal attorney on specific legal issues.
You can reach Lawrence Walters at: Larry@LawrenceWalters.com,
www.GameAttorneys.com or AOL Screen Name, "Webattorney."