Could President-elect Joe Biden Reverse the DOJ 2018 Wire Act Opinion?

In today's ceremony, Joe Biden will take the oath of office necessary to become the next President of the United States. Even though he won't take office until later this week, many are already discussing the ways in which the next president could be able to assist the online gaming industry. In a recent interview with Gaming America magazine, the Michigan-based law firm Dickinson Wright expressed their belief that the incoming administration will reverse the decision made in 2018 by the Department of Justice (DOJ) regarding a new opinion of the Wire Act. The DOJ's decision concerned sports betting.

The Wire Act, which had been in effect since the 1960s, was modernized in 2011 by the Obama administration in order to make it possible to gamble over state lines. Because of developments in technology such as the internet, the legislation needed to be brought up to date. As a result of the judgment, a variety of new gambling choices, including internet casinos, poker, and lotteries, might become available in the United States. Back in 2018, the Department of Justice under Trump made the decision to overturn this decision, which caused several states to become concerned about the possibility of drafting legislation regulating internet gambling and cooperating with other states. It would appear that a significant number of observers are of the opinion that Biden will once again overturn the verdict.

Causing Friction or Trouble

When the reform in 2018 finally took effect, it created a significant amount of uproar in the sector of online gaming. The state of New Hampshire decided to take legal action because they believed the move hampered their capacity to continue offering lottery gambling. The decision of the state's Federal District Court to rule in favor of the state and against the new Wire Act ruling is being appealed by the Department of Justice (DOJ).

Patrick Sullivan, Jeff Silver, and Greg Gemiganani, attorneys at Dickinson Wright, believe that the appeal will be dismissed by the Department of Justice during the administration of Joe Biden, and that the 2018 change will be overturned. Because of this change, the opinion would revert to how it was in 2011, and the Wire Act would only apply to wagers placed on sporting events.

The attorneys actually believe that the change will open up a clear path for intrastate online games in the United States as well as expanded use of interstate-wide progressives via tribal and commercial operators. This is because the attorneys believe that the change will open up a clear path for intrastate online games in the United States.

Helping Pennsylvania

With the Wire Act restored to its state in 2011, it would be easier for Pennsylvania to participate in online poker games that are played across state lines. 2019 was the year that the state began operations in the online poker sector; however, it has not yet joined Delaware, New Jersey, or Nevada in an effort to pool player liquidity. Before the regulation change in 2018, these three states have previously implemented the modification.

Pennsylvania was concerned about getting engaged and having to make adjustments with its sector, particularly considering how recently the launch had taken place. If the change is made by the Biden administration, it would not be shocking to see the Keystone State immediately sign agreements and start interstate alternatives with the other states that allow iGaming if the change is made.