That potential trampling of states’ authorities is the basis for the NGA’s letter. Nearly 40 of the US’s 50 state governors appear to be in favor of the current Wire Act interpretation. Here’s the text of the letter sent by the NGA to Sessions:
Dear Attorney General Sessions:
The nation’s governors are concerned with legislative or administrative actions that would ban online Internet gaming and Internet lottery sales.
The regulation of gaming has historically been addressed by the states. While individual governors have different views about offering gaming—in a variety of forms—within their own states, we agree that decisions at the federal level that affect state regulatory authority should not be made unilaterally without state input. A strong, cooperative relationship between the states and federal government is vital to best serve the interests of all citizens.
As you review this issue, we encourage you to take note of the current regulatory mechanisms put in place by the states to ensure that consumers and children are protected, and that licensees comply with strict standards of conduct. States are best equipped to regulate and enforce online gaming. A ban drives this activity offshore to unregulated jurisdictions, out of the reach of state and federal law enforcement and with risk to consumers.
The nation’s governors stand ready to discuss this issue with you further.