Is DOJ preparing another Xmas drive-by of the Wire Act?

Rumors are swirling that the US Department of Justice (DOJ) is planning another Christmas drive-by attack on federal gambling rules.

Seven years ago this month, the DOJ’s Office of Legal Counsel (OLC) issued an opinion that the 1961 Wire Act – which bans the interstate transmission of data for wagering purposes – applied only to sports betting.

The opinion, which specifically addressed state lotteries’ right to sell lottery products over the internet within their state boundaries, led to a number of states launching some form of online lottery sales. It also paved the way for the three states – Delaware, Nevada and New Jersey – that have since launched their intrastate online gambling markets, and for states like Pennsylvania, which plans to launch its online market in 2019.

On Wednesday, Online Poker Report claimed that the OLC was preparing a new opinion that could effectively reverse the 2011 opinion, which was never popular with (a) social conservatives, or (b) Sheldon Adelson, boss of casino operator Las Vegas Sands and a major GOP sugar daddy, who has made the eradication of online gambling one of his pet causes.