When Pennsylvania’s Lottery Law created the state’s lottery in 1971, the internet was still a figment of Al Gore’s imagination. Fast forward half a century, the internet has become a digital battleground, where state lotteries and online casino operators are jostling for position and consumer dollars. This battle has taken center stage within the state’s judicial system in Pennsylvania, the outcome of which will be instructive in other jurisdictions across the U.S.
In 2017, the Pennsylvania legislature authorized online casino gaming, but also allowed for the state lottery – run by the Pennsylvania Department of Revenue – to operate an “iLottery” product as well. In defining what iLottery could entail, the law stated that permitted games included “internet instant games.”