However, there is little more than anecdotal evidence to support such claims, and others argue that the rake is sufficiently large that such abuses would be unnecessary and foolish. Many claim to see lots of "bad beats" with large hands pitted against others all too often at a rate that seems to be a lot more common than in live games. This might actually be caused by the fact that online cardrooms deal more hands per hour: online players get to see more hands, so their likelihood of seeing more improbable bad beats or randomly large pots is also increased.

However, to date there has been at least one site, ProPoker.com, that has been found to use serverside bots that play with the knowledge of players' cards and the cards yet to be dealt. It has since been shut down, with many players losing the funds they had on the site.

Many online poker sites are certified by bodies such as the Kahnawake Gaming Commission, and major auditing firms like PricewaterhouseCoopers review the fairness of the shuffle and payouts for some sites.

From a legal perspective, online poker may differ in some ways from online casino gambling, but many of the same issues do apply. For a discussion of the legality of online gambling in general, see online gambling.

Online poker is legal and regulated in many countries including the United Kingdom and several nations in and around the Caribbean Sea.

In February 2005 the North Dakota House of Representatives passed a bill to legalize and regulate online poker and online poker cardroom operators in the State. Testifying before the State Senate, the CEO of one online cardroom, Paradise Poker, pledged to relocate to the state if the bill became law. However, the measure was defeated by the State Senate in March 2005.

Jim Kasper (R-Fargo), one of the main proponents of the legalization bill, has vowed to continue his lobbying efforts, stating that he is "not putting away the idea of getting into Internet gaming licenses in North Dakota" and that the "revenue we missed is too great to pass up."