“CAFTA and WTA Rulings: Their Impact on U.S. Gambling Legislation”

Recent rulings on gambling made via the World Trade Agreement (WTA) and the Central American Free Trade Agreement (CAFTA) have some bearing on the role of internet gambling in the United States.

Despite the fact that local government officials will not be forced by the rulings to overturn legislation prohibiting gambling in states such as Utah and Hawaii, the rulings do bring some changes to those states where gambling is already legal.

As the CAFTA ruling differs from the WTA ruling – which featured a clause concerning the U.S government's duty to 'uphold public morals' – American citizens will be permitted to access international online gambling sites in Central America. The U.S. government therefore is unable to use the public morals issue in any subsequent debate concerning access to international sites.

Both rulings do however offer the government a clause ensuring the application of existing legislation state to state remains unaffected. Local government will still be able to restrict its population from participating in gambling based on existing legislation, and could in fact extend the prohibition to internet gambling also.