The national government, which licenses Internet gambling entities, made a complaint to the World Trade Organization about the U.S. government's actions to impede online gaming. The Caribbean country won the preliminary ruling but WTO's appeals body somewhat narrowed that favorable ruling in April 2005. The appeals decision held that various state laws argued by Antigua and Barbuda to be contrary to the WTO agreements were not sufficiently discussed during the course of the proceedings to be properly assessed by the panel. However, the appeals panel also ruled that the Wire Act and two other federal statutes prohibiting the provision of gambling services from Antigua to the United States violated the WTO's General Agreement on Trade in Services. Although the United States convinced the appeals panel that these laws were "necessary" to protect public health and morals, the asserted United States defense on these grounds was ultimately rejected because its laws relating to remote gambling on horse-racing were not applied equally to foreign and domestic online betting companies, and thus the United States could not establish that its laws were non-discriminatory.
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On April 15, 2011, in U. S. v. Scheinberg et al. (10 Cr. 336), three online poker companies were indicted for violating U.S. laws that prohibit the acceptance of any financial instrument in connection with unlawful Internet gambling, that is, Internet gambling that involves a "bet or wager" that is illegal under the laws of the state where the bet is made. The indictment alleges that the companies used fraudulent methods to evade this law, for example, by disguising online gambling payments as purchases of merchandise, and by investing money in a local bank in return for the bank's willingness to process online poker transactions. The companies argue that poker is a game of skill rather than a game of chance, and therefore, online poker is not unlawful Internet gambling. There are other legal problems with the government's case, and the indictments did not mention the Wire Act. On July 31, 2012, it was announced that two of the three companies indicted for money laundering and forfeiture settled with the Manhattan U.S. Attorney for $731 million without legally admitting guilt. The government also asked the judge to approve a settlement with the third defendant, Absolute Poker. In March 2016, PokerStars spokesman Eric Hollreiser said his company finally had established an important beachhead in the U.S. market by being able to operate legally in New Jersey.
On November 22, 2010, the New Jersey state Senate became the first such US body to pass a bill (S490) expressly legalizing certain forms of online gambling. The bill was passed with a 29–5 majority. The bill allows bets to be taken by in-State companies on poker games, casino games and slots but excludes sports betting, although it allows for the latter to be proposed, voted on and potentially regulated separately in due course. However, a Fairleigh Dickinson University PublicMind poll in April 2009 showed only 26% of New Jersey voters approved of online sports-betting. On a national level, two-thirds (67%) of voters polled by PublicMind in March 2010 opposed changing the law to allow online betting. Men were more likely than women (29–14%) and liberals more likely than conservatives (27–18%) to approve of changing the law to allow online betting. In May 2012, FDU's PublicMind conducted a follow up study which asked voters if they favored or opposed online gaming/gambling and "allowing New Jersey casinos to run betting games online, over the Internet." The results showed that (31%) of voters favored while a sizable majority (58%) opposed the idea. Peter Woolley, director of the PublicMind, commented on the results: "Online gambling may be a good bet for new state revenue, but lots of voters don't think it's a good bet for New Jersey households."