Online Gambling Adalah

How common is online gambling?

Online gambling is the fastest growing form of gambling. This was especially true during the COVID-19 lockdowns when gambling venues were closed and many major sporting events were cancelled. The Second National Study of Interactive Gambling in Australia found the number of people gambling online has more than doubled over the past eight years, with 18% of Australian adults now gambling online each year. This is nearly one-third of all gamblers. Popular forms of online gambling include legal options such as online lotteries, race betting and sports betting. The Australian Gambling Statistics indicate that Australians now spend approximately $3.7 million per year on online gambling.

Advance-deposit wagering

Advance-deposit wagering (ADW) is a form of gambling on the outcome of horse races in which the bettor must fund his or her account before being allowed to place bets. ADW is often conducted online or by phone. In contrast to ADW, credit shops allow wagers without advance funding; accounts are settled at month-end. Racetrack owners, horse trainers and state governments sometimes receive a share of ADW revenues.

Virtual Sports are electronic games that generate visual feedback on a display device. The term "virtual sports" is often used to describe software simulations of sports used for betting purposes. Some betting house and racinos use this kind of software because clients use to bet more than with the normal sports.[24]

The money for online gambling can come from credit card, electronic check, certified check, money order, wire transfer, or cryptocurrencies. Normally, gamblers upload funds to the online gambling company, make bets or play the games that it offers, and then cash out any winnings. Gamblers can often fund gambling accounts by credit card or debit card, and cash out winnings directly back to the card; most U.S. banks, however, prohibit the use of their cards for the purpose of Internet gambling, and attempts by Americans to use credit cards at Internet gambling sites are usually rejected.[25] A number of electronic money services offer accounts with which online gambling can be funded.

While casinos are regulated and not penalized in Argentina, online apps that emulate online casinos work differently. Although these online casinos are not illegal in Argentina, its regulation is controlled by provincial jurisdiction as there is no federal law that prohibits online gambling.  This means that, as opposed to some other countries in the world that have a federal law to regulate this practice, each of the 23 provinces and Ciudad Autónoma de Buenos Aires in Argentina are able to take their own measures and pass their own legislation when it comes to online gambling.[26] which also forces users to stay informed about what is happening at provincial level.[27]

Even though there was an attempt by Argentinian provinces to work towards the regulation of online gaming, there was no major progress in its development. Therefore, the need for a federal law arises. Although regulation will not put an end to the illegal operation of some platforms and websites, it will make a significant difference by blocking accounts tied to underground gambling.[28]

In response to the growing concern for the rise in online gambling in Argentina among young people, the Unión por la Patria bloc of councilors are moving forward to present a project to the Honorable Concejo Deliberante in Buenos Aires, calling for "campaigns in secondary schools aimed at young people and families, involving professionals, experts in addictions and mental health, as well as the educational community."[29]

In 2018, Buenos Aires was the first province in Argentina to pass its own law, No. 15079,[30] that approved the legal operation of online casinos in the province and, up to 2021, it was the only province in Argentina to set forth the regulation of online gaming. Authorities agree that revising and modernizing the laws that are imposed on online casinos will combat illegal gambling, both for the safety of users and the transparency of operations.[27] The regulation allows only individuals or legal entities holding a license issued by the Provincial Institute of Lotteries and Casinos, a public authority overseeing gambling, to participate in online games and bets.[31]

In Buenos Aires, there are now two entities in charge of monitoring and providing licenses after careful inspection to anyone who wishes to bet: The Provincial Lottery (Buenos Aires) and the Buenos Aires Lottery (LOTBA). The Provincial Lottery is concerned with regulating lottery games in Buenos Aires and throughout the province, whereas “the Buenos Aires Lottery is a major body in the online gambling sector.” This body is concerned with promoting measures in favour of “responsible gaming” as well as “ allowing game providers to present their games to online casinos operating under its license”.[31]

In 2021, the Bill No. 34270 was passed and established the regulation of online gambling activities in the province of Córdoba. The legislators that proposed this law were Orlando Arduh, Silvia Paleo, Darío Capitani, Raúl Recalde and Alberto Ambrosio. The bill became law No. 10793 after legislators noticed the urgent need for regulation in online gambling. The legislator Silvia Paleo spoke about this law and said that new legislation is “the only possible step towards responsible gambling” and also that it is the “responsibility of the State” to make gambling secure.[32]

The aim of Law No. 10793 is "to regulate online gaming (...) with the purpose of guaranteeing public order, eradicating illegal gaming and safeguarding the rights of those who participate in them"[33] including casino games, sports betting and lotteries.

In the province of Córdoba, the Córdoba Lottery is the body in charge of granting licenses, supervising all gambling operations and protecting players. In 2023, four online gambling platforms were granted a license to start operating for a 45-day trial period.[34] The platforms Boldt, Betsson, PlayCet and Jugadón received these licenses which are granted for 15 years and are non-renewable. As required by law, platforms that get a license in Córdoba must pay a monthly fee of 10% of the gross proceeds and the money is used to fund social programs in the province.[35]

Many of the companies operating out of the island nation of Antigua and Barbuda are publicly traded on various stock exchanges, specifically the London Stock Exchange. Antigua has met British regulatory standards and has been added to the UK's "white list", which allows licensed Antiguan companies to advertise in the UK.[36]

The national government, which licenses Internet gambling entities, made a complaint to the World Trade Organization about the U.S. government's actions to impede online gaming. The Caribbean country won the preliminary ruling but WTO's appeals body somewhat narrowed that favorable ruling in April 2005.[37] The appeals decision held that various state laws argued by Antigua and Barbuda to be contrary to the WTO agreements were not sufficiently discussed during the course of the proceedings to be properly assessed by the panel. However, the appeals panel also ruled that the Wire Act and two other federal statutes prohibiting the provision of gambling services from Antigua to the United States violated the WTO's General Agreement on Trade in Services. Although the United States convinced the appeals panel that these laws were "necessary" to protect public health and morals, the asserted United States defense on these grounds was ultimately rejected because its laws relating to remote gambling on horse-racing were not applied equally to foreign and domestic online betting companies, and thus the United States could not establish that its laws were non-discriminatory.[37]

On 30 March 2007, the WTO confirmed that the U.S. "had done nothing to abide by an earlier verdict that labeled some U.S. Internet gambling restrictions as illegal."[38]

On 19 June 2007, Antigua and Barbuda filed a claim with the WTO for US$3.4 billion in trade sanctions against the United States, and in particular, the ability for the country to suspend its enforcement of U.S. copyrights and patents and a punitive measure. On 28 January 2013, the WTO authorized the ability for Antigua and Bermuda to monetize and exploit U.S. copyrights as compensation for the country's actions; the country planned to form "a statutory body to own, manage and operate the ultimate platform to be created for the monetisation or other exploitation of the suspension of American intellectual property rights".[39][40][41]

On 28 June 2001 the Australian Government passed the Interactive Gambling Act 2001 (IGA). The government said that the IGA was important to protect Australians from the harmful effects of gambling. The offense applies to all interactive gambling service providers, whether based in Australia or offshore, whether Australian or foreign owned. The IGA makes it an offence to provide an interactive gambling service to a customer physically present in Australia, but it is not an offence for Australian residents to play poker or casino games online. Sports betting online is legal in Australia, with many state government licensed sportsbooks in operation.[citation needed]

Gambling in Bangladesh is illegal. Online gambling busts are frequently conducted.[42][43] Related laws include: The Public Gambling Act (1867),[44] Money laundering, the Foreign Currency Act, Digital Security Act. However, comprehensive laws regarding online gambling is lacking.[45] In some region cable tv is blocked to curtail online sports betting.[46]

In August 2022, national cricketer Shakib Al Hasan was accused of promoting gambling sites. Shakib cancelled the contract after pressure from the public and Bangladesh Cricket Board.[47]

Online gambling has been legalized in Belarus since April 1, 2019.[48]

While the criminal code of Canada does not prohibit online gambling, it does prohibit any type of gambling at an establishment not owned or licensed by a provincial government. Not withstanding this fact, there are an estimated 1,200 to 1,400 offshore websites that make casino type games and other gambling activities available to Canadians.[49] For online gambling operations within Canada's borders, the Canadian authorities are willing to prosecute, but as of this date, have only done so once, when British Columbia prosecuted Starnet Communications International ("SCI"), a Delaware corporation, run by residents of Vancouver, where one of the company's servers was located. The court found that SCI had sufficient contact with Canada to be prosecuted under its criminal code. SCI was fined $100,000 and forfeited nearly $4 million in profits. It has since moved its operations overseas.[50]

In 2004, the British Columbia Lottery Corporation launched Canada's first legal online casino, PlayNow.com, which makes legal online gambling available to residents of British Columbia and Manitoba.[51] A survey conducted in 2007 showed that only about 2.3% of Canadians reported participating in online gambling.[52] However, in 2012, Manitoba Lotteries Minister Steve Ashton estimated that gamblers in Manitoba alone were spending $37 million a year at illegal online casinos.[53] Quebec's lottery organization Loto-Quebec launched a similar service, known as Espacejeux.[54]

According to John A. Cunningham, Joanne Cordingley, David C. Hodgins and Tony Toneatto a telephone survey was recorded in Ontario that shows there was a strong agreement that conceptions of gambling abuse as a disease or addiction were positively associated with belief that treatment is needed, while there was a strong agreement that disease or wrongdoing was positively associated with the credit that abstinence is required.[55]

On 5 March 2009, France proposed new laws to regulate and tax Internet gambling. Budget minister Eric Woerth stated the French gambling market would expand to adapt to "Internet reality." He further stated "Rather than banning 25,000 websites, we'd rather give licenses to those who will respect public and social order."[56] Betting exchanges, however, will remain illegal under the new plans.

The German Interstate Treaty on gaming, which came into force on 1 January 2008, banned all forms of online gaming and betting in the country, with the exception of wagers on horse racing. The European Gaming & Betting Association turned to the European Commission with the request to take action against the German legislation, because such stringent legislation violated EU rules.[57] In 2010, the European Court of Justice ruled that the monopolised gambling industry in Germany has to be liberalised. Schleswig-Holstein is the only German state that has already come up with their own gambling bill allowing gambling online. From 2012, casino operators can apply for an online gambling license in this state.[58]

Online gambling is illegal in the state of Maharashtra under the "Bombay Wager Act". Other acts/legislations are silent with respect to online gambling/online gaming in India. The most recent law to address gambling online was the Federal Information Technology Rules where such illegal activities may be blocked by Internet providers within India. Another act is the Public Gaming Act of 1867. States tend to operate on their own authority.

Online gambling legal issues in India are complicated in nature as Gambling in India is regulated by different states laws and online gambling is a central subject. To ascertain the position of Indian government, the Supreme Court of India sought the opinion of central government[59] in this regard but the same was declined by the central government.[60] This has made playing of online cards games like rummy, poker, etc. legally risky.[61] Playing Rummy in India is legal as according to the verdict of Supreme Court of India, Rummy is a Game of skills and cannot be considered as Gambling.[62]

On 3 September 2015, Central Board of Direct Taxes (CBDT) issued a Circular titled "Clarification on Tax Compliance for Undisclosed Foreign Income and Assets" under the black money act which directs the online poker players in the country to declare their money transactions on foreign poker sites through the e-wallets and virtual cards.[63]

The Israel gambling law (Israeli Penal Law 5737 - 1977) does not refer specifically to online gambling (land based gambling and playing games of chances is prohibited except in the cases of the Israel Lottery and the Israeli Commission for Sports Gambling). In December 2005, the attorney general ordered all online gambling operations, online backgammon included, to close their businesses and at the same time commanded credit card companies to cease cooperating with online gambling websites.[64] In May 2007, the attorney general had excluded the online backgammon website Play65 from the ruling, due to "the unique circumstances of the site's activity", allowing it to return to full activity in Israel.[65]

In 2012, the Tel Aviv Police Commander ordered local ISPs to block access to several online gambling sites. The District Court invalidated this order. The Supreme Court dismissed an appeal in 2013, finding that the police do not have legal authority to issue such orders. The government responded by proposing a bill that will authorize such orders, referring to child pornography, drug trafficking and online gambling websites.[citation needed]

In December 2016 the amendment to the Polish Gambling Act was scheduled to come into force on 1 April 2017. Online gambling will be only possible on the sites with Polish license.

Russian legislation, enacted in December 2006, prohibits online gambling altogether (as well as any gambling relying on telecommunications technology).[66]

In 2014, the Singapore parliament tabled the Remote Gambling Bill as a counter-measure against online gambling locally,[67] while parliamentary member Denise Phua spoke against legalised gambling in Singapore.[68]

Gambling was prohibited in Ukraine in 2009 after a fire occurred in an illegal gambling hall in Dnipro (former Dnipropetrovsk), in which nine people died.[69]

The Law On Prohibition of Gambling Business, signed by then President of Ukraine Viktor Yushchenko, made all forms of gambling, including slots machines, bookmaking and online gambling illegal in Ukraine.[70]

Despite the 2009 law, many venues continued to operate using legal loopholes for many years. In early January 2020, over 900 such gambling operations were closed down in preparation for a legalised market.[71]

On January the 24th 2020, legislators in the Verkhovna Rada passed the first stage of the law to reintroduce legal gambling in Ukraine.[72] In August 2020 bill 2285-D passed, making online gambling, bookmaking, slot halls and casinos legal in Ukraine.[73]

During the Russian invasion of Ukraine, several Russian online casinos were accused of targeting Ukrainian customers in order to sell their data to Russian security services.[74][75]

In 2003 Tessa Jowell, then Culture Secretary suggested a change in the British Gambling laws to keep up with advances in technology.

Our gambling laws date back to the 1960s. Since then attitudes to gambling have changed and the law has failed to keep pace with rapid technological change. Gambling is now a diverse, vibrant and innovative industry and a popular leisure activity enjoyed in many forms by millions of people. The law needs to reflect that.[76]

The Bill identified updates to the laws already in place in the UK, and also created the UK Gambling Commission to take over from the Gambling Board. The commission will have the power to prosecute any parties in breach of the guidelines set out by the bill and will be tasked with regulating any codes of practice they set forward. The Bill set out its licensing objectives, which are as follows:

The Bill also set out guidelines stating that gambling will be unlawful in the UK unless granted a licence, permit or registration. It outlined the penalty for being in breach of these guidelines, that being a maximum of six months in prison, a fine, or both for each offence. Any person under 18 will not be allowed to gamble and it is an offence to invite or permit anyone under the age of 18 years to gamble.

The UK's Gambling Act 2005[77] passed in that year. In 2022, the Conservative government postponed (for the fourth time) the publication of a whitepaper detailing the process of an update to the 2005 act. A government spokesperson said that due to the departure of Prime Minister Boris Johnson the report would be delayed until a new leader's policies were in place.[78] The next Prime Minister Liz Truss appointed Michelle Donelan as Secretary of State for Digital, Culture, Media and Sport, whose voting record indicates pro gambling reform views.[79]

The Bill defined remote gambling as,

Gambling in which persons participate by the use of remote communication.

This would be using the internet, the telephone, radio, television of any other device used for communication. Any operator must have a separate licence for remote gambling and non-remote gambling. The licence must state what form the remote gambling would come in and any conditions appropriate to each operator. Offences for breaching remote gambling guidelines are the same as breaching non-remote gambling guidelines.[76]

Legislation on online gambling in the United States was first drafted in the late 1990s. Bob Goodlatte and Jon Kyl introduced bills to the Senate that would curb online gambling activities except for those that involved horse and dog races and state lotteries.[80] Those bills were not passed.

The United States Court of Appeals for the Fifth Circuit ruled[81] in November 2002 that the Federal Wire Act prohibits electronic transmission of information for sports betting across telecommunications lines but affirmed a lower court ruling[82] that the Wire Act "'in plain language' does not prohibit Internet gambling on a game of chance." But the federal Department of Justice continues, publicly, to take the position that the Wire Act covers all forms of gambling.[83]

In April 2004 Google and Yahoo!, the two largest Internet search engines, announced that they were removing online gambling advertising from their sites. The move followed a United States Department of Justice announcement that, in what some[who?] say is a contradiction of the Appeals Court ruling, the Wire Act relating to telephone betting applies to all forms of Internet gambling, and that any advertising of such gambling "may" be deemed as aiding and abetting. Critics of the Justice Department's move say that it has no legal basis for pressuring companies to remove advertisements and that the advertisements are protected by the First Amendment.[84] In April 2005, Yahoo! instigated a restrictive policy about gambling ads.[85] The USDOJ has no authority to enact or interpret laws, including via announcement.

In July 2006, David Carruthers, the CEO of BetonSports, a company publicly traded on the London Stock Exchange, was detained in Texas while changing planes on his way from London to Costa Rica.[86] He and ten other individuals had been previously charged in a sealed indictment with violations of US federal laws relating to illegal gambling. While as noted above, a United States Appeals court has stated that the Wire Act does not apply to non-sports betting, the Supreme Court of the United States previously refused to hear an appeal of the conviction of Jay S. Cohen, where lower courts held that the Wire Act does make it illegal to own a sports betting operation that offers such betting to United States citizens.[87]

The BetOnSports indictment alleged violations of at least nine different federal statutes, including 18 USC Sec. 1953 (Operation of an Illegal Gambling Business).[88] Carruthers is currently under house arrest on a one million dollar bail bond.[89]

In September 2006, Sportingbet reported that its chairman, Peter Dicks, was detained in New York City on a Louisiana warrant while traveling in the United States on business unrelated to online gaming.[90] Louisiana is one of the few states that has a specific law prohibiting gambling online. At the end of the month, New York dismissed the Louisiana warrant.[91]

Also in September 2006, just before adjourning for the midterm elections, both the House of Representatives and Senate passed the Unlawful Internet Gambling Enforcement Act of 2006 (as a section of the unrelated SAFE Port Act) to make transactions from banks or similar institutions to online gambling sites illegal.[92] This differed from a previous bill passed only by the House that expanded the scope of the Wire Act. The passed bill only addressed banking issues. The Act was signed into law on 13 October 2006, by President George W. Bush. At the UIGEA bill-signing ceremony, Bush did not mention the Internet gambling measure, which was supported by the National Football League but opposed by banking groups.[93] The regulation called for in the UIGEA was issued in November 2008.[94][95]

In April 2007, Rep. Barney Frank (D-MA) introduced HR 2046, the Internet Gambling Regulation, Consumer Protection, and Enforcement Act, which would modify UIGEA by providing a provision for licensing of Internet gambling facilities by the director of the Financial Crimes Enforcement Network. Several similar bills have been introduced since then in the House and Senate.

In June 2009, the U.S. Department of Justice seized over $34 million belonging to over 27,000 accounts in the Southern District of New York Action Against Online Poker Players. This is the first time money was seized from individual players as compared to the gaming company. Jeff Ifrah, the lawyer for one of the account management companies affected, said that the government "has never seized an account that belongs to players who are engaged in what [Ifrah] would contend is a lawful act of playing peer-to-peer poker online."[96]

On 3 December 2009, the House Financial Services Committee held a hearing on UIGEA and Rep. Frank's Internet Gambling Regulation, Consumer Protection, and Enforcement Act of 2009 (H.R. 2267) where experts in the fields of online security and consumer safety testified that a regulatory framework for Internet gambling would protect consumers and ensure the integrity of Internet gambling financial transactions. On 28 July 2010, the committee passed H.R. 2267 by a vote of 41-22-1. The bill would legalize and regulate online poker and some other forms of online gambling.[97][98]

On 22 November 2010, the New Jersey state Senate became the first such US body to pass a bill (S490) expressly legalizing certain forms of online gambling. The bill was passed with a 29–5 majority. The bill allows bets to be taken by in-State companies on poker games, casino games and slots but excludes sports betting, although it allows for the latter to be proposed, voted on and potentially regulated separately in due course.[99] However, a Fairleigh Dickinson University PublicMind poll in April 2009 showed only 26% of New Jersey voters approved of online sports-betting.[100] On a national level, two-thirds (67%) of voters polled by PublicMind in March 2010 opposed changing the law to allow online betting. Men were more likely than women (29–14%) and liberals more likely than conservatives (27–18%) to approve of changing the law to allow online betting.[101]

In May 2012, FDU's PublicMind conducted a follow-up study which asked voters if they favored or opposed online gaming/gambling and "allowing New Jersey casinos to run betting games online, over the Internet." The results showed that (31%) of voters favored while a sizable majority (58%) opposed the idea. Peter Woolley, director of the PublicMind, commented on the results: "Online gambling may be a good bet for new state revenue, but lots of voters don't think it's a good bet for New Jersey households."[102]

On 15 April 2011, in U. S. v. Scheinberg et al. (10 Cr. 336), three online poker companies were indicted for violating U.S. laws that prohibit the acceptance of any financial instrument in connection with unlawful Internet gambling,[103][104] that is, Internet gambling that involves a "bet or wager" that is illegal under the laws of the state where the bet is made.[105] The indictment alleges that the companies used fraudulent methods to evade this law, for example, by disguising online gambling payments as purchases of merchandise, and by investing money in a local bank in return for the bank's willingness to process online poker transactions.[103] The companies argue that poker is a game of skill rather than a game of chance, and therefore, online poker is not unlawful Internet gambling. There are other legal problems with the government's case, and the indictments did not mention the Wire Act.[106] On 31 July 2012, it was announced that two of the three companies indicted for money laundering and forfeiture settled with the Manhattan U.S. Attorney for $731 million without legally admitting guilt. The government also asked the judge to approve a settlement with the third defendant, Absolute Poker.[107] In March 2016, PokerStars spokesman Eric Hollreiser said his company finally had established an important beachhead in the U.S. market by being able to operate legally in New Jersey.[108]

The online gambling laws also apply to online gambling platforms which exclusively use cryptocurrency to handle deposits and withdrawals. This is demonstrated by the 2015 landmark case of Seals with Clubs bitcoin poker site's run in with the law.[109] This was the first criminal investigation of an illegally operating bitcoin gambling platform on US soil. The owner of the site, who operated out of Nevada, tried to justify the clear violation of both federal and state law by saying that the platform and players only ever used cryptocurrencies to do transactions, and those are not recognized as a currency by the federal government. Therefore, this constitutes social gambling. He was sentenced to two years probation and a $25,000 fine.

On 8 November 2011, New Jersey voters were asked to consider "Public Question No. 1", also known as the Sports Betting Amendment. New Jersey required a majority vote to amend its state constitution. The result was 671,797 "Yes" (63.91%) to 379,339 "No" (36.09%). The voters' approval allowed the New Jersey legislature to legalize sports betting.[110]

New Jersey state Senator Raymond Lesniak promptly introduced the Sports Wagering Act, S3113, on 21 November 2011. The act would decriminalize sports betting in New Jersey.[111] It passed the New Jersey Senate and New Jersey General Assembly on 9 January 2012. Governor Chris Christie signed the act into law on 17 January 2012.[112]

On 7 August 2012, the National Collegiate Athletic Association, National Football League, National Basketball League, National Hockey League, and Major League Baseball sued Governor Christie in NCAA, et al. v. Christie. The leagues contended that New Jersey's new Sports Wagering Law violated the Professional and Amateur Sports Protection Act of 1992.[113]

The United States District Court for the District of New Jersey ruled for the NCAA and its co-plaintiffs. New Jersey appealed the district court's ruling to the United States Court of Appeals for the Third Circuit, which affirmed the lower court's ruling. New Jersey then appealed the Circuit Court's ruling to the Supreme Court of the United States, which failed to grant certiorari. Thus, New Jersey's Sports Wagering Act was successfully enjoined from going into effect.[114]

New Jersey tried to legalize sports betting again on 16 October 2014, when the Senate and General Assembly passed the Sports Wagering Law.[115] This legislation would partially repeal laws that criminalized sports betting. The law permitted state-licensed casinos and racetracks to provide sports betting. Moreover, the state would not be involved in the licensing or regulation of sports betting itself. Once again, US sports leagues opposed the law.[116]

On 20 October 2014, the NCAA filed suit against New Jersey again in NCAA, et al. v. Christie II. The plaintiffs asked the court to grant a preliminary injunction against the law, arguing it was a clear violation of the Professional and Amateur Sports Protection Act.[117]

On 21 November 2014, the New Jersey District Court ruled for the plaintiffs, deciding that the Sports Wagering Law violated the Professional and Amateur Sports Protection Act. Once again, Governor Christie appealed to the U.S. Third Circuit Court of Appeals, which again upheld the lower court's opinion.[118]

On 7 October 2016, New Jersey appealed the Third Circuit Court of Appeals decision to the United States Supreme Court. The court granted certiorari on 27 June 2017, considering the question of whether a federal statute (i.e., the Professional and Amateur Sports Protection Act) that prohibits modification or repeal of a state's law prohibiting private behavior impermissibly commandeers the power of the states.[119]

Murphy v. NCAA was argued before the Supreme Court on 4 December 2018. On 14 May 2018, the Supreme Court ruled 6–3 to reverse the Third Circuit Court of Appeal's decision, holding that the Professional and Amateur Sports Protection Act's provision on banning state authorized sports betting violated the anti-commandeering doctrine of the Tenth Amendment of the U.S. Constitution.[120]

The Professional and Amateur Sports Protection Act was declared unconstitutional because it interfered with a state's right to repeal its own anti-gambling laws. Shortly thereafter, New Jersey offered legal sports betting to its residents.[121] Many other states have since legalized online Sports betting for their residents.

Various forms of online gambling are legal and regulated in many countries, including some provinces and territories of Canada, most members of the European Union and several nations in and around the Caribbean Sea.

Personality Disorders and Compulsive Gambling

According to the American Psychiatric Association Diagnostic and Statistical Manual, 5th Edition (DSM-5), personality disorders are categorized into clusters.[135] Cluster A includes paranoid and schizoid disorders, among others; Cluster B includes antisocial, borderline, histrionic and narcissistic disorders and cluster C includes avoidant and obsessive-compulsive disorders, among others. Pathological gambling is a disorder characterized by a compulsive need to gamble, leading to significant harm in areas such as mental health, finances, relationships, and career.[136] Cluster B personality disorders are the most prevalent among problem gamblers. Borderline personality disorder, corresponding to cluster B, is one of the most common personality disorders among compulsive gamblers. People diagnosed with borderline personality disorder tend to engage in high-risk activities due to challenges regulating emotional states to a healthy, stable baseline[citation needed]

Treatment for people with compulsive gambling begins with recognizing the problem. Compulsive gamblers often deny they have a problem or need treatment.[137]

The most common and successful treatment plans for problem gamblers include individual therapy, such as Cognitive Behavioural Therapy (CBT) or support groups such as GA (Gamblers Anonymous). Treatments that prove effective  for substance and alcohol abuse are also considered to treat problem gambling.[137][138] As the gambler normally shows obsessive-compulsive conducts, abstinence is a primary step to begin treatment.

Antidepressants may help treat the symptoms of pathological gambling, but not enough evidence has been collected to prove this as an effective way of treatment.[139]

A 2015 review found evidence of higher rates of mental health comorbidites, as well as higher amounts of substance use, amongst internet gamblers, compared to non internet gamblers. Causation, however, has not been established, and the review postulated that there may differences in the cohorts between internet and land-based problem gamblers.[140]

In the United States in 1999 the National Gambling Impact Study stated "the high-speed instant gratification of Internet games and the high level of privacy they offer may exacerbate problem and pathological gambling". A UK government-funded review of previous research noted a small scale patient survey leading to press reports claiming that 75% of people who gamble online are "problem" or "pathological" gamblers, compared to just 20% of people who visit legitimate land-based casinos.[141][142]

A study by the UK Gambling Commission, the "British Gambling Prevalence Survey 2010", found that approximately 0.9% of the adult population had problem gambling issues, more than shown in a previous study in 2007. The highest prevalence of problem gambling was found among those who participated in playing Poker at a pub or club (20.3%), Dog races (19.2%) and online slot machine style or instant win games (17%). Additionally the report noted a 15% increase in overall gambling since 2007, from a rate of 58% in 2007 to 73% in 2010. Significantly, the 2010 prevalence survey notes that whilst the overall gambling figure had increased, the prevalence among men at 75% was not dissimilar to the amounts in two previous surveys in 1999 and 2007 which were 76% and 71% respectively. However, the prevalence among women for 2010 was 71%, which was higher than 68% in 1999 and 65% in 2007.[122]

In August 2014 the National Council of Problem Gambling (NCPG) partnered with the Gambling Integrity Services (GIS). The GIS will evaluate these recently regulated internet gambling operators in order to ensure they comply with NCPG's internet Responsible Gambling Standards.[143]

A study released by the University of Buffalo in November 2014 states that the explosion of online gambling in the United States in the past decade has not given rise to more people with gambling problems.[144]

According to Darren R. Christensen, Nicki A. Dowling, Alun C. Jackson and Shane A. Thomas a survey recorded in Australia shows that gambling severity rates were estimated at non-gambling (34.8%), non-problem gambling (57.4%), low risk gambling (5.3%), moderate risk (1.8%) and problem gambling (0.7%).[14]

It has also been alleged that the largely unsupervised electronic funds transfers inherent in online gambling are being exploited by criminal interests to launder large amounts of money.[141] However, according to a US GAO study, "Banking and gaming regulatory officials did not view Internet gambling as being particularly susceptible to money laundering, especially when credit cards, which create a transaction record and are subject to relatively low transaction limits, were used for payment. Likewise, credit card and gaming industry officials did not believe Internet gambling posed any particular risks in terms of money laundering."[25]

In 2011, the U.S. Attorney for the Southern District of New York filed United States v. Scheinberg, a federal criminal case against the founders of the three largest online poker companies, PokerStars, Full Tilt Poker and Cereus Poker Network (Absolute Poker/Ultimatebet), and a handful of their associates, which alleges that the defendants violated the Unlawful Internet Gambling Enforcement Act and engaged in bank fraud and money laundering in order to process transfers to and from their customers.

A BBC investigation in 2019 described how cryptocurrencies such as bitcoin were being used for under-age gambling, money-laundering and political corruption in the Caribbean island of Curaçao.[145]

Players' attitudes towards sites plays an important role in online purchases and customer loyalty. Lack of trust in payment systems and security are primary reasons for avoiding online gambling.[146] Due to the virtual nature of online gambling, it is hard for players to verify the authenticity[ambiguous] of sites they are using.[147] Unlike in physical casinos, randomness and deck shuffling cannot be verified by visual means unless the casino is provably fair. Players interact with other players through GUIs, which connect to the gambling site's server in a non-transparent manner.[148][additional citation(s) needed] In an online survey[when?] of 10,838 online casino and poker players from over 96 countries, respondents reported a high level of mistrust of online gambling. 91.5% believed that reputable third party reports on randomness and payouts were important to gain their trust.[147] However, contrasting research shows that seals-of-approval granted by these third parties does not have a strong influence on purchasing behavior, nor are customers usually aware of their existence.[149]

Responsible Gambling Features (RGFs) are features that online gambling sites use to promote responsible behavior and reduce harm. These include limiting amounts that can be bet or deposited over a designated period of time, self-assessment tests for gambling problems, and warning signs of prolonged play or high expenditure.[147] RGFs are usually opt-in features for players and are required by certain jurisdictions. For example, operators in Denmark, Germany, and Spain must provide deposit limits, but this is voluntary for Australian operators.[147] A sample of online poker players from Sweden indicated that RGFs increase their trust in a company and reduce their anxiety about winning from other players.[150] However, in jurisdictions that mandate Responsible Gambling Features, only a small percentage of customers use them. In Australia, 0.8% used the deposit limit on SportsBet and 6% used deposit loss limits on BetFair Australia.[151]

Dalam makalah ini akan membahas salah satu contoh Cybercrime yaitu Gambling atau perjudian

2.1.4        Pengertian Gambling atau perjudian

Setiap perilaku manusia pada dasarnya melibatkan pilihan-pilihan untuk merespon ataukah membiarkan suatu situasi berlalu begitu saja. Pada umumnya setiap pilihan yang diambil akan membawa kepada suatu hasil yang hampir pasti atau dapat diramalkan. Namun demikian ada kalanya pilihan tersebut jatuh pada sesuatu yang tidak dapat diramalkan hasilnya. Jika pilihan yang diambil jatuh pada hal yang demikian maka dapat dikatakan bahwa kita telah memberikan peluang untuk kehilangan sesuatu yang berharga. Dengan kata lain kita telah terlibat dalam suatu “perjudian” (gambling).

Judi atau permainan “judi” atau “perjudian” menurut Kamus besar Bahasa Indonesia adalah “Permainan dengan memakai uang sebagai taruhan”. Berjudi ialah mempertaruhkan sejumlah uang atau harta dalam permainan tebakan berdasarkan kebetulan, dengan tujuan mendapatkan sejumlah uang atau harta yang lebih besar dari pada jumlah uang atau harta semula.

Perjudian (gambling) dalam kamus Webster didefinisikan sebagai suatu kegiatan yang melibatkan elemen risiko. Dan risiko didefinisikan sebagai kemungkinan terjadinya suatu kerugian. Sementara Robert Carson & James Butcher (1992) dalam buku Abnormal Psychology and Modern Life, mendefinisikan perjudian sebagai memasang taruhan atas suatu permainan atau kejadian tertentu dengan harapan memperoleh suatu hasil atau keuntungan yang besar. Apa yang dipertaruhkan dapat saja berupa uang, barang berharga, makanan, dan lain-lain yang dianggap memiliki nilai tinggi dalam suatu komunitas.

Definisi serupa dikemukakan oleh Stephen Lea, dkk dalam buku The Individual in the Economy, A Textbook of Economic Psychology (1987). Menurut mereka perjudian tidak lain dan tidak bukan adalah suatu kondisi dimana terdapat potensi kehilangan sesuatu yang berharga atau segala hal yang mengandung risiko. Namun demikian, perbuatan mengambil risiko dalam perilaku berjudi, perlu dibedakan pengertiannya dari perbuatan lain yang juga mengandung risiko. Ketiga unsur dibawah ini mungkin dapat menjadi faktor yang membedakan perilaku berjudi dengan perilaku lain yang juga mengandung risiko:

Perjudian adalah suatu kegiatan sosial yang melibatkan sejumlah uang (atau sesuatu yang berharga) dimana pemenang memperoleh uang dari yang kalah. Risiko yang diambil bergantung pada kejadian-kejadian dimasa mendatang, dengan hasil yang tidak diketahui, dan banyak ditentukan oleh hal-hal yang bersifat kebetulan/keberuntungan. Risiko yang diambil bukanlah suatu yang harus dilakukan; kekalahan/kehilangan dapat dihindari dengan tidak ambil bagian dalam permainan judi.

Dari definisi diatas dapat disimpulkan bahwa perjudian adalah perilaku yang melibatkan adanya risiko kehilangan sesuatu yang berharga dan melibatkan interaksi sosial serta adanya unsur kebebasan untuk memilih apakah akan mengambil risiko kehilangan tersebut atau tidak.

Online Gambling yaitu istilah untuk berjudi menggunakan internet. Internet telah memberikan cara baru untuk perjudian dengan cara online. Situs judi online makin diminati di tanah air. Keleluasaan menjalankan aktivitas dan transaksi judi jadi pemicunya.

Sejarah online gambling

Ada 3 waktu penting perkembangan online gambling:

Pada tahun 1994 negara Antigua dan Barbuda di Karibia meloloskan undang-undang kebebasan berdagang dan mengolah, yang kemudian membuat perizinan kepada organisasi-organisasi untuk membangun membuka kasino online menjadi mudah. Sebelum kasino online, Sebelum kasino online, perangkat lunak perjudian berfungsi penuh pertama dikembangkan oleh Microgaming, Isle perusahaan perangkat lunak berbasis Man. Ini dijamin dengan perangkat lunak yang dikembangkan oleh CryptoLogic, sebuah perusahaan perangkat lunak keamanan online. Transaksi Aman menjadi layak dan menyebabkan kasino online pada tahun 1994

Pada tahun 1996 dibentuklah komisaris perjudian Kahnawake yang tugasnya mengatur aktivitas perjudian online dari daerah Kahnawake dan menerbitkan lisensi perjudian online kepada kasino dan poker online di seluruh dunia. Ini adalah upaya agar kegiatan operasional dari organisasi judi online tetap adil dan transparant.

Pada akhir 1990-an, judi online mendapatkan popularitas. Situs-situs perjudian internet telah meningkat dari hanya 15 situs pada tahun 1996, menjadi 200 situs pada tahun 1997. Sebuah laporan yang diterbitkan oleh Frost & Sullivan mengungkapkan bahwa pendapatan judi online telah melampaui $ 830.000.000 pada tahun 1998 saja. Pada tahun yang sama pertama kamar poker online diperkenalkan. Segera setelah pada tahun 1999, judi Internet Larangan Act diperkenalkan, yang berarti perusahaan tidak bisa menawarkan produk judi online untuk setiap warga negara Amerika Serikat. Ini tidak lulus. Multiplayer judi online juga diperkenalkan pada tahun 1999. Ini adalah pertama kalinya orang bisa berjudi, chatting dan berinteraksi satu sama lain dalam lingkungan yang interaktif (Sumber:wikipedia.org)

We're here to help, but our website administrators are not trained counsellors.

The best option is to call us on 1800 858 858. It's free and confidential.

Can You Get into Trouble Using a VPN to Access Online Casinos?

While it may be tempting to gain full access to casino games you wouldn’t normally have the pleasure of playing from your home country, we don’t recommend this activity. If a gambling website is blocked in your country, this may be due to local iGaming laws or lack thereof. Also, licensed operators are only allowed to provide online gambling services to the jurisdictions covered by the corresponding license such as UKGC, MGA and others.

Registering at online gambling websites under false pretenses is FRAUDULENT. Most online casinos address the use of VPNs in their terms and conditions. The penalty is losing access to your account, which restricts all activity including cashier access. Ultimately, you lose.

Here are some of the issues you face by using a VPN to gamble online:

Your casino account may be closed

Loss of account balance or winnings

Stricter punishment depending on the jurisdiction and your home country

Why is online gambling risky?

Online gambling can be quite risky. There are many reasons why it can be very easy for people to lose more money than they can afford when they’re gambling online. It’s important to be aware of these risks to avoid any negative consequences.

Increased opportunities to gamble.

Gambling is everywhere. Gambling is becoming more accessible because of smartphones, tablets, and the increasing number of gambling websites and apps. This makes it very easy for people to gamble anywhere and at any time. The average online gambler has five gambling apps on their phone, which like having gambling venues in their pocket. It’s important to understand the risks of having such easy access to gambling 24/7 without some of the safety measures that are available at traditional gambling outlets.

Increased convenience.

Online gambling is very convenient and easy to use. Setting up an account for online sports or race betting is quick and simple, which means it takes very little time to get started. Once people have created an account, they can easily deposit funds and start playing. This means there’s not much time for people to think about their decisions, leading them to spend more money and time than they intended.

Gambling online can feel anonymous because it can be done in private or without other people knowing. People can gamble online without their friends or family realising what they are doing.

Use of linked accounts.

No cash changes hands during online gambling. Instead, people use credit or debit cards, which can make it feel like they’re not gambling with real money. This can make it easy to lose track of how much they’ve won or lost.

When people gamble online, they often do it by themselves, which can make it easier for them to lose track of the money and time they spend gambling. Since there’s no one else around, it can be challenging to know when to stop, slow down or take a break.

Use of practice sites.

Some online gambling sites offer free games that allow people to “practice” before playing with real money. These free games usually have higher chances of winning than games that use real money. This can make winning seem easy, which encourages people to play the real money games. It’s important to remember that games that use real money don’t have the same odds as the free games.

Advertising and marketing.

Gambling websites and apps track everything players do, including how often they gamble, how much they spend, and how their gambling patterns change. They can then use this information to effectively market gambling to them by sending personalised ads, offers, bonuses and promotions. These are deliberately designed to draw players back to the websites or apps to gamble and entice them to keep playing.

Use of overseas services.

Some online gambling services are based in other countries and are not regulated in Australia, which means they may not follow the same rules and safety measures as Australian gambling services. People who have used these offshore services have reported issues with not receiving their winnings, sites being closed without warning, and money being taken out of their accounts without permission. It’s important for players to stick with legal, licenced Australian gambling services to ensure their safety and protection.

To find out how to better protect yourself while gambling online, check out Online Protection For Gambling.

Do you want more help?

To learn more about online gambling, you or the person you’re working with can start an online chat with us or call the Gambling Helpline on 1800 858 858 – free, confidential, 24 hours a day, 7 days a week.

These services are available to support anyone affected by gambling harm, including family members, friends, and professionals like you. It can be hard for professionals to support people with gambling issues. To learn more about how you can help, go to our section on How Professionals Can Help.

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Online gambling industry statistics

In the UK, between 2009 and 2010, 4% of adults had bet online.[122] Between April 2010 and March 2011, online gambling which is regulated by the UK Gambling Commission yielded £660.74 million, a 5% increase on the previous year. The British regulated online gambling sector was worth a 12% market share of the British regulated gambling industry within the same time period. Most British consumer online gambling activity is on overseas regulated websites, and estimates place the UK consumer market for online gambling at £1.9 billion for 2010. (Approximately three times the size of the British regulated market). In the year to March 2011, 5000 adults were surveyed and reported that 11.2% of them had participated in at least one form of remote gambling in the previous four weeks. Approximately half of the respondents had only participated in National Lottery products. Another group of interviews conducted by the Gambling Commission.[123]

In March 2011, the UK online gambling industry employed 6,077 full-time employees. A number that has declined since 2008 where 8,918 full-time employees were in employment within the industry. Also, there were 291 remote gambling activity licences held by 225 operators at this date. Three of the sectors within online gambling are betting, bingo and casino which between them turned over £13,456.07 million between April 2010 and March 2011. During this time period, betting turned over a substantial proportion of this amount, turning over £13,081.44 million, with bingo and casino turning over £26.75 million and £347.87 million respectively.[123]

According to the European Gaming and Betting Association (EGBA), online gambling is a growing sector within the EU, with gross gaming revenue (GGR) expected to reach €29.3 billion in 2022. According to EGBA, the EU online gambling market was valued at €22.2 billion GGR in 2018 - growing 11% from €20 billion GGR in 2017 - and accounted for 49.2% of the global online gambling market. The EU online gambling channelled or white market accounted for €15.9bn, reflecting an average EU-wide channelling rate of 71.7%. Online gambling now represents 23.2% of the total EU gambling market activity, while offline gambling (lotteries, casinos, bookmakers shops, etc.) had a total GGR of €73.5bn, accounting for 76.8% of the overall EU gambling market. In 2018, the UK market (34.2%) accounted for the largest portion of the EU online gambling market, based on GGR, followed by Germany (11.1%), France (8.8%) and Italy (8.1%).[124]

Do you want to learn more about online gambling?

If you’re concerned about a family member or friend’s online gambling, an important first step is to obtain accurate information about how online gambling works. This can help you understand the risks associated with online gambling. This information can help you understand how they could protect themselves while they’re gambling online and how to best support them if they decide they are ready to seek support.

Gambling Like Activities and Its Effect on Children

While “Gambling like” is not technically gambling, they share many similarities and phycological effects.[133] As the scope of the internet changes, it's important to watch as other areas of life evolve into the online world. With the popularization of new forms "gambling like activities", such as lottery style loot boxes, authors David Zendle and Heather Wardle gathered results from a cross-sectional online survey, where they found "the odds of problem gambling were 11.4 times higher among those who purchased loot boxes with their own money.”[134] They believe young adults who willingly participate with loot boxes should considered as a high-risk group for problem gambling.[134]

How risky is online gambling?

Online gambling is particularly popular among young men aged between 20 and 29 years old. People who gamble online tend to be more educated and in a de facto relationship compared to those who don’t gamble online. They also participate in a higher number of gambling activities. Online gamblers are two to three times more likely to develop serious issues with their gambling, be at-risk for developing issues with their gambling, and experience harms related to their gambling.

Do you want more help?

To learn more about online gambling, you or your family member or friend can start an online chat with us or call the Gambling Helpline on 1800 858 858 – free, confidential, 24 hours a day, 7 days a week.

These services are available to support anyone affected by gambling harm, including family members or friends like you. It’s not only the person who gambles that can be affected, but the people close to them too. It’s important to take care of yourself when you’re supporting someone else. Check out the family and friends section in our peer support community to connect with people who understand.

To find out how to better protect people while they are gambling online, check out Online Protection For Gambling.