Ever since the Internet's invention about two decades ago, the legality of online poker has been a controversial issue, especially in the U.S. Some online poker room operators interested in retaining customers believe that virtual poker is absolutely legal, even despite the recent U.S. enactment of the UIGEA. Others, who have already suspended operations in the U.S. market and no longer accept real money wagers from U.S.-based players, will probably give a less positive answer when asked regarding online poker's legality.

Although no American law has ever explicitly prohibited Internet poker as an activity and no one, to date at least, has ever been sent to prison for playing poker online, the U.S. legislators have decided that some matters related to online wagering are worthy of prosecution. The most frequently cited legal statute that makes online gambling a federal offense is the Wire Act enacted in 1961. At the time, the Wire Act was expected to assist the authorities to enforce restrictions on gambling and bookmaking and to eradicate organized gambling operations.

Today's lawmakers widely believe that the wording in the Wire Act is unclear and that it does not outlaw all online gambling, but solely online bookmaking. Publicly, however, the U.S. Justice Department has claimed that all forms of online gambling, including online poker, violate the Wire Act.

To reinforce the controversial prohibition of gambling online, in October 2006, the U.S. passed the aforementioned Unlawful Internet Gambling Enforcement Act. The UIGEA forbids U.S. credit card companies to process payments related to online poker and casino gaming. When the proposal to pass the UIGEA was first introduced and debated, advocates of the measure cited such social ills as gambling addiction and minors' access to online casino destinations as primary reasons why online gambling must be outlawed. Jim Leach, the Iowa Republican who promoted the anti-gambling measure, was reported as saying that it would prevent gambling establishments from further extending their destructive reach.

However, the party for online gaming companies is not over. Or, at least, not completely over. Unlike the initial version that the House Representatives passed earlier in 2006, the legislation that was ultimately approved in the Senate is actually slightly different. While the House sought to eliminate online gambling altogether, much like the Wire Act, the approved legislation does not explicitly prohibit betting on casino-style games, like poker and roulette.

Interestingly enough, some would say that the UIGEA totally missed the point. What we mean to say is that although it is intended to help people stay away from gambling and to make gambling less accessible, it is not very successful in preventing poker and casino fans from gambling. As it turned out, some gamblers have already figured out ways around the UIGEA. Arnie Wexler, the establisher of the U.S. gambling addiction hotline 888-LASTBET, said that the implementation of the UIGEA is like trying to cure cancer with a Band-Aid. Meaning, although there is no real harm done, it makes no significant positive impact either.

Disregarding all discussion on whether online poker remains legal or not, to avoid any legal action, a wide range of popular and highly trafficked online poker destinations, including PartyPoker.com and PacificPoker.com, have suspended all U.S. operations for an indefinite time. Surprisingly enough, others, such as PokerStars.com and Bodog.com, have openly stated that they plan to continue serving U.S. customers.

We have brought our readers this article to let you know that the entire gambling industry, online and offline alike, is currently caught in confusion regarding the legality of online poker in the U.S. Our advice is that you draw your own conclusions.