Daily Fantasy Sports Go “All In”: The Demise of American Morals?
The future of Daily Fantasy Sports throughout the United States remains uncertain. Although there have been numerous attempts to double down on the spread of gambling, the growing attraction to gamble has not been suppressed. With the recent proposed legislation and litigation over the legality of Daily Fantasy Sports, a new debate has emerged that implicates America’s desire to protect its “public morals.” Part I of this Note will discuss the intricacies of Daily Fantasy Sports and the allegations against FanDuel and DraftKings as of February 2016. Part II will analyze the current legal framework surrounding global internet gambling and a sampling of current regulatory systems. Part III will detail the World Trade Organization requirement for compliance with the General Agreement on Trade in Services and the complaints brought by Antigua against the United States. Finally, Part IV will provide an update on how the public morals argument would be viewed today in light of the recent Daily Fantasy Sports debate. As the popularity for Daily Fantasy Sports continues to grow throughout the world, the questions surrounding the legality of these services will inevitably grow louder. It may be time for the United States to go all in to shut down Daily Fantasy Sports.