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Thanks to a 2009 online lottery query made by New York and Illinois, their prayers were about to be answered. 2011 OLC Opinion: The spark that started the fire In September 2011, New York and Illinois received their answer from the Department of Justice Office of Legal Counsel. The opinion issued by Assistant Attorney General Virginia Seitz determined that the 1961 Wire Act only applied to sports betting, and states were free to legalize online lottery, and by extension other forms of online gambling within their borders. “Given that the Wire Act does not reach interstate transmissions of wire communications that do not relate to a “sporting event or contest,” and that the state-run lotteries proposed by New York and Illinois do not involve sporting events or contests, we conclude that the Wire Act does not prohibit the lotteries described in these proposals. In light of that conclusion, we need not consider how to reconcile the Wire Act with UIGEA, because the Wire Act does not apply in this situation. Accordingly, we express no view about the proper interpretation or scope of UIGEA.” Rather than going down in the history books as the year online gambling died in the US, 2011 lit the runway to legalization. First mover states came out of the gate at a full sprint Several states jumped at the opportunity presented by the OLC opinion, and by 2014 online poker, casino and lottery had gained a foothold in the US. Unfortunately, the frenetic pace quickly subsided. Overblown revenue estimates , some early technical issues and enthusiastic opposition were all contributing factors. After three years without a legislative victory,  online gambling was at a standstill. Until DFS forced legislatures into action.

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