Massachusetts Gaming Commission Will Evaluate Use of AI in Sports Betting Following New York Times Report

• The Massachusetts Gaming Commission today announced it will evaluate the use of artificial intelligence and machine learning by sports betting operators in the state
• The commission’s executive director will speak directly with DraftKings about its use of artificial intelligence following a New York Times report
• The New York Times recently reported DraftKings used artificial intelligence and machine learning to identify and target gamblers most likely to lose

Following a recent report from The New York Times and a popular sports betting operator’s alleged use of artificial intelligence and machine learning to target specific gamblers, the Massachusetts Gaming Commission announced it will evaluate each of its licensed sports betting operator’s use of the controversial technology in the Commonwealth and how it affects their customer base.

Massachusetts Gaming Commission Chairman (MGC) Jordan Maynard today announced the planned evaluations. The decision to do so is base on a recent The New York Times report in which it investigated DraftKings’ use of artificial intelligence and machine learning, alleging the company used the technology to intentionally target gamblers likeliest to lose.

The MGC will evaluate DraftKings’ use of the technology in the state, but will also evaluate how its other licensed online sports betting operators and how they implement artificial intelligence for use in such practices as customer acquisition, promotions, and responsible gaming.

MGC Focused on AI

The New York Times recently published a report on DraftKings and its use of artificial intelligence, alleging the company directed employees to develop a machine learning model to identify customers who would be most likely to respond to gaming promotions and most likely to lose.

The report included interviews with more than 40 former DraftKings employees, internal research memos, Slack messages, and betting records from customers.

The first step, Maynard said, is to conduct an evaluation of DraftKings’ use of artificial intelligence and machine learning in Massachusetts to “understand the specifics that were reported.”

“The commission is aware of a report from The New York Times regarding the use of AI and machine learning by an operator. These AI technologies are evolving rapidly across our society and we share the concerns over their application,” he said.

The Massachusetts Gaming Commission has had artificial intelligence and its affect on gambling on its radar over the last several years. The Massachusetts Gaming Commission commissioned a first of its kind study on artificial intelligence, player and risk report conducted by the UNLV International Gaming Institute. The study investigated the current and possible uses of artificial intelligence in the gaming industry. Researchers focused on how gaming operators use artificial intelligence with marketing, player acquisition, responsible gaming tools, and player health.

The study, released in November 2025, recommended several strategies to the MGC, including appointing an internal artificial intelligence champion or task force to monitor the use of the technology in its licensed gaming operators. The MGC formed an artificial intelligence task force, which Maynard said will be used to evaluate the technology in each of the state’s licensed sports betting operators.

MGC Executive Director Dean Serpa and the artificial intelligence task force will conduct those evaluations.

Potential Regulations Forthcoming?

Maynard said the MGC will first evaluate the interviews with its operators and then potentially decide on future regulations regarding the use of artificial intelligence and machine learning by sports betting operators.

“Any further action or policy making can then be determined by the commission when and if appropriate,” Maynard said.

MGC Commissioner Paul Brodeur described The New York Times report as “troubling,” but credited the MGC with being one of the only, and maybe the lone regulatory commission, to reference artificial intelligence in its regulatory rules.

“That is to our credit, but to your point we need to find out the facts on the ground, with no disrespect to The New York Times, but also recognize that this is a very important issue with gaming and gaming regulation. This is something that is true across any retail experience, anything that is customer facing. It has the same challenges in determining the potential for AI to potentially exploit customers. These are great steps,” he said.