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Did The Supreme Court Reinterpret The Wire Act To Allow Cross-Border Internet Sports Betting?

Daniel Wallach The cases plainly recognize that the Wire Act is “part of an independent federal policyaimed at those who would, in furtherance of anygaming activity, employ any means within direct federal control.” (Martin v. United States, 389 F.2d 895, 898 (5th Cir. 1988)) The Supreme Court Was Referring to the “Safe Harbor” Provision This begs the question: did the Supreme Court simply make a mistake when it included the Wire Act within the group of federal gambling laws that “apply only if the underlying gambling is illegal under state law.” I don’t believe that the highest court in the land would make such a fundamental mistake – or attempt to dramatically alter the meaning of a federal law (the Wire Act) that was not even at issue in the Murphy case. A closer reading of the Court’s opinion suggests that a different meaning was intended. In its brief discussion of the Wire Act on page 28, the Court characterized that statute as “outlaw[ing] the interstate transmission of information that assists in the placing of a bet on a sporting event.” The key word here is “information,” which, in this context, refers to the “safe harbor” provision in Section 1084(b) of the Wire Act. The Wire Act’s safe harbor provision, set forth in subsection (b) of Section 1084, provides, in relevant part, that there shall be no criminal liability “for the transmission in interstate commerce . . . of information. . .

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