With the advent of the internet as a catalyst, the gambling and sports betting industries have seen massive change. The gambling debate has been ongoing since the beginning of American history, and the debate continues to evolve as the industry itself evolves. At the heart of the issue is a tension between the individual’s personal freedom and the government’s interest in protecting the public from economic hardship and moral complications.
Regulating the gambling industry is a balancing act. Many stakeholders—including state and federal governments, individual citizens, businesses, and Native American tribes—have differing interests that must be considered for successful regulation. Thus, effective solutions that can withstand the test of time need to offer a clear path for gambling regulation as the industry continues to evolve. Policymakers must find and implement such solutions to maximize the social and economic benefits that gambling can have in modern society.
Minnesota has not legalized online gambling and has struggled to regulate online gambling in ways that are beneficial to our society. This Note focuses on Minnesota as a platform for change in regulation. In doing so, this Note first discusses the history of gambling regulation in the United States, the effect of the internet on gambling and the growth of the online gambling industry, modern attempts at regulation, and the problems technological advances have on these regulations. Next, it discusses gambling context and regulation in Minnesota specifically. An analysis of tribal interests in online gambling regulation follows. Finally, the Note offers a possible solution to increase the consistency and effectiveness of online gambling regulation.