Despite having their butts handed to them by a Federal Judge last June, the DOJ Wire Act position refuses to budge. Not even a little. In fact, they are doubling down on their bet that with 1961 act applies to the internet and all forms of gambling.

The New Hampshire District Court ruled last year that the Wire Act only applies to sports betting — and not to online gambling more broadly. That decision threw a fat wrench in the government’s plans to broaden the scope of the antiquated 46 year old statute via a 2018 memorandum, which flew in the face of their previos opinion.

Undeterred by the District Court ruling, the Department of Justice filed an appeal to the First Circuit Court of Appeals over the summer. Just 47 minutes before last Friday’s deadline, the government finally filed its opening brief.

Unsatisfied with the loss it took in District Court — and apparently determined to press forward with its new interpretation of the Wire Act — the government appealed. You can find the full story about the DOJ Wire Act opinion (and a brief history) at Online Poker Report.