USA Law and Practice Contributed by: Chao Yu (Charles Yu) and Greg Pilarowski, Pillar Legal
gambling are required to be registered with the New Jersey Division of Gaming Enforcement. However, in Nevada (NV Revised Statutes, Section 463.650), there are no registration requirements, but the law prohibits “any person, either as owner, lessee, or employee, whether for hire or not, to operate, carry on, conduct, or maintain any form of manufacture, selling or distribution of any gaming device, cashless wagering system or interactive gaming system for use or play in Nevada without first procuring and maintain- ing all required federal, state, county, and municipal licenses.” 6.3 Affiliates Affiliate marketing in online gambling is regulated at the state level, and requirements differ across jurisdic- tions. Generally, affiliates that receive revenue share or commission-based compensation must register or obtain approval from state gaming authorities, as they have a financial interest in gambling outcomes. Affiliates must also comply with advertising and responsible gambling standards, including avoiding misleading promotions, targeting minors, and dis- playing helpline information. Licensed operators are responsible for monitoring their affiliates’ conduct and ensuring compliance with state advertising and mar- keting laws. 6.4 White Labels White-label models, where an unlicensed brand oper- ates under another company’s gambling licence, are not generally permitted in the USA. Gambling regu- lation in the USA is state-based, and each licensed operator must be individually approved by the relevant state regulator. 6.5 Technical Measures State laws impose rigorous technical and cyberse- curity standards to ensure player protection, system integrity, and real-time regulatory oversight. Each licensed operator must maintain certified gaming sys- tems located within the state, implement robust data security controls, and operate under the continuous supervision of state gaming authorities.
For example, New Jersey Administrative Code, Sec- tion 13:69O-3.1 sets out comprehensive technical requirements for remote gaming systems, including certification standards, system architecture, data pro- tection measures, and connectivity with the regula- tor’s monitoring network. 7. Responsible Gambling (RG), Also Known as Safer Gambling (SG) 7.1 RG Requirements Responsible gambling (often referred to as safer gam- bling) is a fundamental principle of the US gaming reg- ulatory framework. Although there is no single federal policy, every state that authorises gambling – whether land-based, tribal, or online – requires operators to implement measures that protect players and promote safe, transparent participation. These measures are designed to prevent harm, ensure fair play, and main- tain public confidence in the gaming industry. At the national level, organisations such as the Amer- ican Gaming Association (AGA) lead voluntary pro- grammes and publish reports that complement state responsible gaming laws. Across the jurisdictions with legalised commercial or online gambling, responsible gaming regulations commonly include the following elements. • Responsible gaming plans – operators are gener- ally expected to develop and maintain a written plan outlining how they promote responsible play. These plans typically cover employee training, player-education initiatives, and public-awareness measures. • Self-exclusion programmes – licensed operators must provide mechanisms that allow individuals to voluntarily exclude themselves from gambling activities, both in-person and online. Operators are required to honour self-exclusions by denying access, credit, or marketing to enrolled individuals. • Signage and information disclosure – gaming ven- ues and digital platforms are expected to display clear and visible responsible-gaming messages, educational materials, and helpline numbers in all gaming areas and advertisements.
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