Currently, daily fantasy sports betting (DFS) is not a regulated form of gambling anywhere in the US—but it has not technically been deemed illegal. This is because DFS is considered in most states to be a “skill,” opposed to gambling which is a game of chance. The Nevada Gaming Control Board (NGCB) Chairman AG Burnett recently announced that they were conducting a “legal analysis” of fantasy sports betting.
The results of their analysis are expected to be released in the near future, Legal Sports Report reports. But it is important to understand that their findings could have little to no impact on the legal status of daily fantasy sports. In fact, some are concerned that if their findings are not positive, that their findings will negatively impact the DFS community.
Some wonder if the decision by the NGCB to analyze DFS, has any ulterior motives. For example, if it is ruled illegal—maybe current fanatics will turn to online gambling instead.
“When you start offering daily fantasy contests, then you start to blur the line between skill and chance. When chance begins to govern the outcome more than skill, you have a form of gaming, and that’s when the need for regulation kicks in,” said Burnett “I don’t have an opinion yet (on the legality)… The issue is not whether skill is present. It is whether the skill of the players determines the outcome of the game they are playing.”
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