Originally Posted by tappy
Style......... here is what an attorney friend of mine had to say when I asked him about buying a ticket on the lotto and also about referring (not selling) a ticket in the USA:
This is a very complicated matter. I can't give you a legal opinion without doing a lot of research. Nothing contained in this email should be considered legal advice. If you are considering providing links/promoting/selling these tickets then you should consult and hire an attorney that is familiar with all state and federal gaming and communications laws and acts and can advise you on how they impact your venture, because at best it is a gray area without much precedence.
There are issues involving both Federal and State laws. Federal laws such as the Wire Communications Act may apply and I don't know of any definitive cases interpreting this law and how it is to be applied to the internet gambling. If you do some poking around it fairly clear that the government (both federal and state) want to prohibit online gambling. The question whether the current laws accomplish is not clear. On the flip side there are many lawyers that have been hired to protect online gambling. I think it is naive of some posters to hinge their argument on virtual ticket vs. an actual ticket. It is unlikely that anyone would be prosecuted for buying a ticket but selling is a different game altogether. Providing a URL and/or sending emails with the URL in it whereby the sender or provider gets a "commission" or "shares" in the revenue would more than likely be considered a form of selling. Until there is sufficient case law and or legislation, the risk to individuals "selling" "owning" or participating in selling online lottery tickets and/or casino's is quite large. The penalty can be both financial and jail time for someone convicted of operating an illegal gambling site. You will have to decide if the potential liability is worth the risk.
If you would like me to research this and get back to you let me know.