Perhaps it is only delaying the inevitable, but the DOJ has extended the grace period for entities to continue selling online from 90 days to 150 days. Once this grace period ends, the DOJ can begin building cases against entities that sell bets that are classified as “interstate”. As discussed in this recent La Fleur’s Article: Why Commas Matter, this could effect games like Powerball and Mega Millions, as well as lottery games sold over the internet.
This extension comes as the first wave of litigation begins making its way through the courts. The New Hampshire Lottery and NeoPollard Interactive/Pollard Banknote are suing the federal government for this new interpretation of the Wire Act. The case will be heard in the First Circuit Court, which significantly increases its chances of being heard and ruling on behalf of New Hampshire. In 2014, the First Circuit understood the Wire Act only applied to Sports Betting in United States v. Lyons.
