Kennedy's goal of the legislation was to help the United States Justice Department stop organized crime from trafficking.

The U.S. Fifth Circuit Court of Appeals ruled in 2002 that the Wire Act prohibition on the transmission of wagers applies only to sports betting and not other types of online gambling.

[12] In 2018, the OLC reversed its position again, with an opinion declaring that the Wire Act's prohibitions are "not uniformly limited to gambling on sporting events or contests.

"[19] District Court Judge Paul Barbadoro ruled in the Commission's favor, stating that the Wire Act "is limited to sports gambling", but declined to vacate the 2018 OLC opinion.

[22] In November 2021, International Game Technology filed a lawsuit to declare the 2018 opinion unlawful, seeking to protect itself from possible prosecution for its online lottery operations outside of the First Circuit.