There is no definitive answer to this question, as the legality of online poker in Oregon is dependent on a variety of factors including state law, jurisdiction, and the specific terms and conditions of any given online poker site. However, based on a review of Oregon state law and relevant case law, it appears that online poker may be legal in the state under certain circumstances.
The key legal issue in determining whether online poker is legal in Oregon is whether online gaming constitutes “bona fide gambling” under state law. In general, gambling activities must constitute a “subject of common interest” for two or more individuals in order for them to be considered bona fide gambling activities under Oregon law. However, this requirement is not explicitly addressed in the statute regulating online gaming.
Rather, the statute provides that any person engaged in gaming activities conducted “electronically” must comply with all applicable rules and regulations governing traditional gaming establishments. Accordingly, it appears that online poker may be legal in Oregon under the following circumstances: 1) if it meets the definition of “bona fide gambling” under state law; and 2) if it is conducted pursuant to applicable state gaming regulations.
However, there are a number of potential complicating factors that could impact whether online poker is actually legal in Oregon. For example, if the terms and conditions of an online poker site prohibit residents from playing from outside of their home state, then online poker may not be considered bona fide gambling under Oregon law.
Additionally, if authorities determine that particular aspects of an online poker site (for example, its payouts or player eligibility) are illegal under state law, then the site may not be able to operate legally in Oregon. Accordingly, while it appears that online poker may be legal in Oregon based on current information, further investigation is required to confirm this conclusion.
