The United States Should Follow the United Kigndom's Proposed Updates to Online Gambling Regulations, but First it Needs to Regulate Gambling on the Federal Level

Since the United States Supreme Court struck down the Professional and Amateur Sports Protection Act (“PASPA”) in 2018, allowing states to legalize sports betting, billion-dollar advertising campaigns have made online sportsbooks impossible to ignore.[1] Online sports betting is equally difficult to ignore in the United Kingdom.[2] Online sports books have reshaped gambling’s landscape, and regulatory regimes need to keep pace. Recognizing this, the UK’s Department for Digital, Culture, Media, & Sport (DCMS) issued a White Paper in April 2023 with proposals to mitigate the unique dangers of gambling in the digital age.[3] Although the United States could benefit from the DCMS’s proposals, its state level gambling regulation, as opposed to the UK’s national regulation, complicates the implementation of comprehensive regulations.  

In 2005, Parliament passed legislation to modernize the UK’s gambling regulations for the digital age.[4] Since then, mobile betting apps have exploded, making sports betting widely accessible.[5] The DCMS’s White Paper suggests increased account monitoring for high-risk players and changes for marketing “risk-free” or “bonus” bets.[6] The Paper also highlights that famous athletes are banned from appearing in gambling ads.[7]

The United States would benefit from the same protections, but faces challenges implementing them because gambling in the US is currently regulated on the state level.[8] The Supreme Court has not addressed whether Congress’ commerce clause power can reach online sports books, but their online nature and the interstate nature of professional sports suggest that Congress has the necessary power.[9] If Congress did possess such authority, regulating online sports betting on the federal level would promote uniformity in the law, benefitting gambling operators and players. Players would benefit because relying on states to implement safety standards on their own has proven ineffective. For example, only six states require operators to promote responsible gambling tools when an account is created.[10] Under a national standard, all players would be given the same protections. Operators would also benefit from a national standard. Currently, operators must comply with the standards of each state, which raises transaction costs.[11] The UK does not face the challenges associated with state level regulation.

Online sports betting is here, and it implicates novel concerns for players and governments. The United Kingdom, through its national regulatory framework, has taken steps toward increasing protection for online sports bettors, particularly those from more vulnerable groups. While the question of whether the United States Congress’ commerce clause power can reach online sports betting remains unanswered, the United States would benefit from a federal regulatory framework imposing minimum standards. Through sweeping regulation, a national framework would benefit players and gambling as we move further into the digital age.

Jake Brown is a staff member of Fordham International Law Journal Volume XLVII.

[1] Murphy v. Nat’l Collegiate Athletic Ass’n, 584 U.S. 453 (2018); DraftKings, Annual Report (Form 10-k), 61, February 16, 2024.

[2] Three Quarters of Fans Are Concerned About the Amount of Gambling Advertising and Sponsorship Around Football, Survey Finds, GambleAware (Oct. 5, 2023), https://www.gambleaware.org/news/three-quarters-fans-are-concerned-about-amount-gambling-advertising-and-sponsorship-around.

[3] Department for Culture, Media & Sport, High Stakes: Gambling Reform for the Digital Age, CP 835, at 7 (2023).

[4] Culture, Media & Sport Committee, Gambling Regulation, 2023-24, HC 176, at 3 (UK).

[5] Id. at 5.

[6] Id. at 10.

[7] Id.

[8] Etuk, et al., Sports betting around the world: A systematic review, 11 J. of Behav. Addictions, 689, 694 (2022).

[9] See Murphy, 584 U.S. 453, 487 (Thomas, J., dissenting); Ryan Grandeau, Securing the Best Odds: Why Congress Should Regulate Sports Gambling Based on Securities-Style Mandatory Disclosure, 43 Cardozo L. Rev. (2022).

[10] National Council on Problem Gambling, U.S. States’ Online Sports Betting Regulations: An Evaluation Against National Council on Problem Gambling Standards 6 (2024), https://www.ncpgambling.org/responsible-gambling/internet-standards/2024-state-regulation-report/.

[11] Grandeau, supra note 9.

This is a student blog post and in no way represents the views of the Fordham International Law Journal.