Regulatory Challenges for Crypto Gambling Sites

A discussion on the legal hurdles that crypto-based gambling sites face in different jurisdictions

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Published on

October 4, 2024

The new generation of crypto-gambling has attracted the attention of bettors as it allows them to be anonymous and make fast transactions with low fees. However, the new frontier brings some problems, particularly regulation-related ones. 

Crypto-gambling sites remain numerous, and legal challenges remain high across various jurisdictions, complicating maneuvering. Here, we focus on the most significant issues gambling sites using cryptocurrencies are experiencing regarding regulation.

Critical Considerations of the Scope of Regulation

Crypto gambling is a legal grey area in many countries as it lies between gambling and cryptocurrency. Although cryptocurrencies enable transparency and security through blockchain, the industry has emerged at a pace that governments have yet to understand fully.

1. The Lack of Unified Regulations

One of the critical issues is the need for a single standard for regulating the industry worldwide. It depends on the country, which means a legal site in one country is considered unlawful in another.

  • For instance, gambling laws differ from state to state in the United States. While some states have not prohibited the sale of online gambling, others have completely banned it.

  • The European Union also has no unified authority to regulate online gambling, hence the different policies in every member country.

This makes it very difficult for crypto gambling sites to work across borders as they have to fit into different legalities.

2. Problems with Licensing and Legitimacy

For a gambling site to be considered legal, it has to be licensed by a well-recognized regulating authority. Such a license can be an issue for crypto-gambling sites because many licensing agents do not like to grant permits for cryptocurrency-based operations.

  • For instance, Malta, which has progressive laws on online gambling, has been slow to issue licenses to crypto gambling sites.

  • The UK Gambling Commission is another regulatory agency that has raised red flags about the dangers of using cryptocurrencies.

The above authorities’ reluctance significantly hinders many crypto-gambling platforms because it deters them from creating trust and credibility among potential users.

3. Money Laundering and Financial Crime Concerns

Money laundering and other financial crimes have been cited as the primary causes for the stringent regulatory policies against crypto gambling. 

Some challenges include that cryptocurrency transactions are anonymous, thus raising the possibility of the platforms being used to conduct unlawful business.

Based on a Financial Action Task Force report, cryptocurrencies are highly dangerous in terms of money laundering and terrorism financing. That is why most governments have set very strict Anti-Money Laundering (AML) and Know Your Customer (KYC) policies for cryptos in gambling platforms, which creates many hurdles for such sites.

4. Taxation and Revenue Collection

Currently, most governments need help in implementing effective taxation of crypto-gambling sites. The very characteristic of cryptocurrencies as a decentralized and anonymous form of money makes it difficult for governments to monitor transactions and ensure people are paying their taxes.

  • Some countries, such as the United States of America, have started implementing taxation rules on cryptocurrencies, but enforcing these laws requires a lot of effort.

  • In other countries like Japan, for example, crypto gambling is completely banned, in part because it is almost impossible to collect taxes from such a platform.

Clear definitions and regulations are necessary to operate crypto-gambling sites efficiently, legally, and transparently.

The Impact on Players and the Industry

The issues with the regulation that face crypto gambling sites are a problem for the operators and have a strong influence on players and the industry in general.

Lack of Consumer Protection

Some issues players are keen on include adequate consumer protection in unregulated crypto-gambling domains. In contrast to regular online casinos licensed to operate and always under supervision, most crypto-gambling platforms are unregulated, meaning players cannot take action in case of an incident.

  • No Guarantee of Fair Play: For instance, there is no way that the games offered on those platforms can be controlled to ensure they are fair. This can make games unfair and rigged, given that there is no one to oversee the actions of the companies involved.

  • Risk of Fraud: The lack of licensing allows new fake sites to appear and deceive players, taking their money.

Challenges for the Industry’s Growth

Regulative restraints also affect the development of the crypto-gambling business. These platforms can grow, attract the necessary funding, and become more integrated into society thanks to clear and unambiguous rules and laws.

How Crypto Gambling Sites Are Adapting

However, many crypto-gambling sites are now trying to work out how they can continue to operate while staying within the law.

Implementing KYC and AML Procedures

Most crypto-gambling sites have begun incorporating KYC and AML measures to gain legal recognition and operate legally. Such measures include checking the players’ identities and preventing the money from being used illicitly.

  • For example, known crypto casinos such as JackBit Casino have very stringent KYC procedures to avoid fraud and meet global standards.

Seeking Licenses from Crypto-Friendly Jurisdictions

A few crypto-gambling sites are getting licenses from such jurisdictions as Curacao or Costa Rica. These licenses may not be as popular as those from the UK or Malta, but they offer players credibility and confidence.

Blockchain Technology for the Enhancement of Transparency

Cryptocurrencies use blockchain technology, and it is possible to apply it to make the game as transparent and fair as possible. Since all the transactions are recorded on a public ledger, crypto gambling sites can prove that their games are fair and help players trust them.

The Future of Regulation of Crypto Gambling

The future of regulation in providing crypto-gambling services still needs to be discovered. However, there are indications that governments and regulatory agencies are gradually waking up to the realities posed by these forums.

The Shift To More Transparent Laws

For example, the UK and Malta are currenping more explicit rules for crypto gambling sites, which could lead to the legalization of this sector. This would include defining specific regulations regarding licensing, AML measures, and consumer protection.

Embracing Self-Regulation

Another potential trend is industry self-governance, where the industry sets guidelines for various forms of advertising. Groups such as the Blockchain & Cryptocurrency Gambling Association (BCGA) are in the process of creating an ethical, fair, and safe environment for gambling with cryptocurrencies.

Conclusion

Crypto gambling sites have numerous problems with regulators, which cover licensing and legitimacy, money laundering, and taxation. 

As the industry expands, operators and regulators should strive to establish a level playing field for the players so that the market can be healthy. 

Through the KYC procedures, obtaining licenses from friendly states on cryptocurrencies, and using the blockchain for transparency, crypto gambling sites can successfully overcome these challenges and establish a more secure future for crypto gambling.


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