>So far, five states have enacted a total ban on daily fantasy sports. But Nevada falls somewhere in between a yes and a no by allowing fantasy sports companies to operate if they are fully licensed. This of course, becomes a new chunk of revenue for the state. If anyone is going to gamble in Nevada, the state wants their piece of the pie. So, really, it’s not a question of ethics and gambling, but rather, who gets the revenue.
Individual states aren’t the only ones interested in the legality of this issue. The FBI and the U.S. Department of Justice are looking at possible violations of federal law. Recently, Senator Robert Menendez, a Democrat from New Jersey, said “maybe we need to start treating online fantasy sports gaming like traditional sports betting, which has safeguards in place to protect the player.” Menendez has called for new regulations within New Jersey for daily fantasy sports. No doubt this is an effort to help make up the shortfall from the decline of casino revenue in Atlantic City that New Jersey has experienced in the last few years.
The Nevada gambling licensing process involves extensive background investigations and could take six months. In order to be compliant, DraftKings will disable its product in all Nevada gambling jurisdictions and said in an e-mailed statement “we strongly disagree with this decision and will work diligently to ensure Nevadans have the right to participate in what we strongly believe is legal entertainment that millions of Americans enjoy.”
In recent years fantasy sports have mushroomed in popularity, no doubt caused by the efforts of DraftKings and FanDuel. Fueled by huge investments from Major League Baseball, Time Warner Inc. and others, sports fans have been bombarded by fantasy sports advertising .
Fantasy sports were included in the 2006 Unlawful Internet Gambling Enforcement Act. It stated that fantasy sports games didn’t count as betting as long as certain caveats were met. A company had to have set prize pools, the contests had to be skill based and they couldn’t rely on the outcome of any single sports event. FanDuel and DraftKings constructed their games to conform to these points to construe an exemption from gambling laws.