Richmond Journal of Law and Technology

On February 17, 2025

Is Time Up for TikTok?

By: Rebecca Herzog

With over 170 million U.S. users, TikTok has a chokehold on the American public.[1] Although the popular social media platform has had immense success, it has also faced years of controversy and criticism in the United States. The U.S. government has fought across presidential administrations to either ban or force the sale of the app to an American company. This post examines the use of an executive order to force a sale and what such an order might mean for the future of TikTok and U.S. government compliance.

Living in a Fantasy: How Fantasy Sports Leagues Circumvent Most Gambling Laws

On February 2, 2025

Living in a Fantasy: How Fantasy Sports Leagues Circumvent Most Gambling Laws

By: Nadia Farashahi

fantasy sports betting

In the past decade or two, the way people engage with sports has shifted from physical participation to digital experiences. Technology has enabled fans to incorporate both professional and amateur events in their personal entertainment.[1] Many people are acquainted with betting on game outcomes in the style of Las Vegas. Now, modern technologies have also “facilitated vicarious involvement by allowing sports fans to become ‘part of the action’ by engaging in fantasy sports.”[2] Fantasy sports leagues are contests where participants compete against one another using fictional teams. These fictional teams are “arranged in virtual leagues and are comprised of actual athletes who are deemed to ‘play’ for them.”[3] Outcomes are based on preset scoring systems linked to the statistical performance of players in actual sporting events.[4]

At the start of the fantasy sports industry, drafts were completed on the phone and fantasy experts were few and far between.[5] With advancements in technology, online commissioner services were able to bring fantasy sports leagues online.[6] Computers could to provide instantaneous access to data concerning different games and players.[7] And especially with fantasy football, the biggest fantasy sports league, this step to the online realm made a huge difference in growing its audience.[8]

This expansion and popularity brought with it concerns about gambling. The National Football League itself saw fantasy football as too close to gambling for comfort.[9] But in the United States, this determination of whether a contest is a game of skill or gambling is up to each individual state.[10] Many states prohibit gambling where participants pay to receive winnings based entirely on chance.[11] However, in states where gambling is legal, this type of gambling is normally strongly restricted. Given this contention, most states allow fantasy sports, even those that are pay-to-play leagues, contingent on the idea that “winning” does not depend on the result of an actual game.[12] Participation in fantasy sports leagues focuses on a myriad of factors that must be taken into account, including injuries, coaching styles, prospects, weather patterns, depth charts, etc.[13] A 2018 study by the Massachusetts Institute of Technology found that the game of fantasy football is “inherently a contest that rewards skill.”[14]

On the federal level, Congress passed the Uniform Internet Gambling Enforcement Act (UIGEA) in 2006 to address gambling on the internet.[15] The UIGEA prohibits any person engaged in the business of betting from “knowingly accepting credit, electronic fund transfers, checks, or any other payment involving a financial institution to settle unlawful internet gambling debts.[16] This federal law was meant to serve as a supplement to state gambling laws, explicitly stating that none of its provisions shall be construed as “altering, limiting, or extending any federal or state law that regulates gambling in the United States.[17]

While there are various federal laws that address gambling, the UIGEA contains a direct reference to fantasy sports leagues.[18] In the definitions section of the UIGEA, the term “unlawful internet gambling” is defined as:

plac[ing], receiv[ing], or otherwise transmit[ing] a bet or wager by any means which involves the use, at least in part, of the internet where such bet or wager is unlawful under any applicable Federal or State law in the State or Tribal lands in which the bet or wager is initiated, received, or otherwise made.”[19]

Within the definitions section, the UIGEA creates a carve out for fantasy sports betting, stating that the term “bet or wager” does not include “participation in any fantasy or simulation sports game . . .” given certain conditions are met.[20] Thus, under federal law, fantasy sports leagues are legal games of skill.

More recently, fantasy sports’ legal has become even clearer. In 2018, the Supreme Court decided Murphy v. National Collegiate Athletic Association and struck down the Professional and Amateur Sports Protection Act, which banned states and individuals from operating sports-gambling schemes.[21] States were now able to legalize sports betting within their own borders if they chose to do so, and “the fantasy industry rejoiced.”[22] Greg Ambrosius, founder of the National Fantasy Baseball and Fantasy Football Championship, commented on this Supreme Court decision, stating that “[i]f sports betting is [okay], then certainly fantasy sports is [okay].”[23] Although the UIGEA still provides a framework for what types of online gambling are allowed, the Murphy decision firmly established each state’s right to regulate sports betting. Therefore, in the states that legalize sports gambling, “there will be no real risk that fantasy sports erroneously will be deemed illegal sports gambling as sports gambling itself will not be illegal.”[24]

[1] Robert B. Frazier, Don’t bet on it: Allowing a fantasy sports league may be gambling with legal trouble, kirton mcconkie (Feb. 2016), https://www.kirtonmcconkie.com/publication-363.

[2] Id.

[3] Id.

[4] Id.

[5] Steve Gardner, Money. Power. Women. The driving forces behind fantasy football’s skyrocketing popularity, usa today (Dec. 20, 2023, 1:12 AM), https://www.usatoday.com/story/sports/nfl/fantasy/2023/12/15/fantasy-football-sports-economy/71870731007/.

[6] Id.

[7] See Frazier, supra note 1.

[8] Gardner, supra note 5.

[9] Gardner, supra note 5.

[10] Distinguishing Fantasy Sports From Sports Betting, fantasy sports & gaming ass’n, https://thefsga.org/distinguishin.g-fantasy-sports-from-sports-betting/.

[11] Frazier, supra note 1.

[12] Frazier, supra note 1.

[13] Distinguishing Fantasy Sports From Sports Betting, supra note 10.

[14] Distinguishing Fantasy Sports From Sports Betting, supra note 10.

[15] Kevin Vela, Why Playing Fantasy Sports Is Legal (For the Most Part), vela wood (Oct. 7, 2013), https://velawood.com/why-playing-fantasy-sports-is-legal-for-the-most-part/.

[16] 31 U.S.C.A. § 5363 (West 2006).

[17] Vela, supra note 15; see 31 U.S.C.A. § 5363 (West 2006).

[18] Kevin Vela, Why Playing Fantasy Sports Is Legal (For the Most Part) Part II, vela wood (Jan. 15, 2024), https://velawood.com/why-playing-fantasy-sports-is-legal-for-the-most-part-part-ii/.

[19] 31 U.S.C.A. § 5362 (West 2006) (emphasis added).

[20] Id.

[21] 584 U.S. 453 (2018).

[22] Gardner, supra note 5.

[23] Gardner, supra note 5.

[24] Richard L. Brand & Glenn C. Colton, What the Supreme Court’s Murphy v. NCAA Decision Means for Fantasy Sports, ArentFox Schiff (Aug. 7, 2018), https://www.afslaw.com/perspectives/alerts/what-the-supreme-courts-murphy-v-ncaa-decision-means-fantasy-sports.

Image via PlayToday.co: https://playtoday.co/blog/guides/fantasy-sports-betting/

Strategic Patenting Stifles Antibiotic Innovation

Strategic Patenting Stifles Antibiotic Innovation

By: Brian Wilmans

Antibiotics are one of humanity’s greatest discoveries. They’ve made it possible to eradicate instances where a cut on a finger could turn fatal due to bacterial infection.

However, today, antibiotics are losing their efficacy. The CDC tracked seven different strains of antibiotic-resistant bacteria from 2019-2022, and six out of the seven increased their prevalence by 20 percent.[1] Overprescription of antibiotics is certainly a contributing factor in the increase in resistance, but another factor is the decreased number of new antibiotic classes being brought to market. Since the first antibiotic, penicillin, was discovered in 1940, the largest gap between new types of antibiotics being invented had been 13 years.[2] We are now in year 15 since the last novel class of antibiotic was created. There are myriad reasons for that, from funding for R&D to decreased profit margin for pharmaceutical companies. However, another reason for it that may be more on the periphery: pharmaceutical companies’ practice of strategic patenting.

Who Owns GMOs?

Who Owns GMOs?

By: Brian Wilmans

Genetically modified organisms (GMO) have been around since the early 1970s and have steadily grown to impact all forms of commerce. From food to healthcare, the growing impact of GMOs has been felt around the world but very heavily in the United States specifically. As the landmass and population of the U.S. are significantly larger than that of most other countries and most of its farming is done on a larger, industrial scale, the U.S. has leaned more heavily on the use of GMOs to provide security for the country’s food supply.[1] In the U.S., it is estimated that over ninety percent of crops are genetically modified and that up to ninety-five percent of meat and dairy products feed on genetically modified crops.[2]

This has led to questions surrounding the ownership of those GMOs. If the organism could be obtained naturally, how do you determine that someone is the owner?

NFL and UFC Mobilize the Feds Against Illegal Streams

Image via Homeland Security Investigations *HSI) and WIBX.

NFL and UFC Mobilize the Feds Against Illegal Streams

By: Donovan Sbiroli

Homeland Security Investigations (HSI)

For fans of the National Football League (NFL) to have access to most out-of-market games throughout a season, they need to purchase “NFL Sunday Ticket.” The product, which is sold by Alphabet, Inc. under its YouTube TV service, costs $479 at the start of the season.[1] In lieu of paying the base price of $479, millions of fans have turned to piracy and illegal streams.

Domain names of such illegal streams can be seized, however. Section 2323 of Title 18 of the U.S. Code provides for civil asset forfeiture and seizure. Paragraph (a) of the section reads:

“The following property is subject to forfeiture to the United States Government: any article, the making or trafficking of which is prohibited under section 506 of title 17… any property used, or intended to be used, in any manner or part to commit or facilitate the commission of an offense referred to in subparagraph (A)…For seizures made under this section, the court shall enter an appropriate protective order with respect to discovery and use of any records or information that has been seized . . . the court shall order that any property forfeited under paragraph (1) be destroyed.”[2]

Artificial Intelligence in the Law Classroom: Good? Bad? Or Maybe Both?

Artificial Intelligence in the Law Classroom: Good? Bad? Or Maybe Both?

By: Nadia Farashahi

Whether we like it or not, artificial intelligence has taken its place in our society. Law schools are no exception.[1] With the rise in artificial intelligence, law schools are faced with the challenge of adapting to this new technology.

Bloomberg Law’s Spring 2024 Path to Practice survey encompassed data from more than 150 U.S. Law schools.[2] This survey reflected that the status quo is changing: “technological advancements have pushed law schools to address longstanding gaps in tech skill development, specifically by embracing and offering more AI-focused courses.”[3] Faculty respondents were asked whether their law schools “asked or encouraged them” to update their courses to reflect these new technological advancements in the legal field, and more than a third of the respondents said “yes.”[4] The survey also inquired about AI specific courses that are available to law students. Around 40% of respondents indicated that the courses give students “practical experiences using AI for legal work.”[5]

The American Bar Association Task Force on Law and Artificial Intelligence conducted a similar survey.[6] The survey, completed by 29 law school deans or faculty members in 2023 to 2024, showed that AI is steadily establishing a firm presence in the law school classroom. Around 55% of the law school respondents reported that they have classes centered around teaching students about AI, and around 83% reported having curricular opportunities that allowed students to learn to use AI effectively.[7]

AI in Contract Drafting: Transforming Legal Practice

By JOLT

On October 22, 2024

AI in Contract Drafting: Transforming Legal Practice

By: Audrey Zhang Yang

Introduction

The legal profession is experiencing an unprecedented transformation driven by the integration of Artificial Intelligence (AI) into various aspects of legal practice. Among these changes, the evolution of contract drafting and management stands as a particularly significant development. As law firms and legal departments navigate the opportunities and challenges presented by evolving legal technologies, understanding how AI is reshaping contract drafting becomes crucial for legal practitioners and law school students. This paper examines the current state of AI in contract drafting, its practical applications, and its implications for the legal profession.

The EU AI Act: Pioneering Regulatory Framework for Artificial Intelligence

By JOLT

On July 23, 2024