Home > 106th Congressional Bills > S. 692 (is) To prohibit Internet gambling, and for other purposes. [Introduced in Senate] ...S. 692 (is) To prohibit Internet gambling, and for other purposes. [Introduced in Senate] ...
have occurred, or may occur, on Indian lands (as
defined in section 4 of the Indian Gaming Regulatory
Act (25 U.S.C. 2703))--
``(i) the United States shall have the
enforcement authority provided under
subparagraph (A); and
``(ii) in the case of an alleged violation
that involves class III gaming (as defined in
section 4 of the Indian Gaming Regulatory Act
(25 U.S.C. 2703)), the enforcement authorities
specified in an applicable Tribal-State compact
negotiated under section 11 of the Indian
Gaming Regulatory Act (25 U.S.C. 2710) shall be
carried out in accordance with that compact.
``(E) Expiration.--Any temporary restraining order
or preliminary injunction entered pursuant to
subparagraph (A) or (B) shall expire if, and as soon
as, the United States, or the attorney general (or
other appropriate State official) of the State, as
applicable, notifies the court that issued the order or
injunction that the United States or the State, as
applicable, will not seek a permanent injunction.
``(3) Expedited proceedings.--
``(A) In general.--In addition to any proceeding
under paragraph (2), a district court may, in exigent
circumstances, enter a temporary restraining order
against a person alleged to be in violation of this
section upon application of the United States under
paragraph (2)(A), or the attorney general (or other
appropriate State official) of an affected State under
paragraph (2)(B), without notice and the opportunity
for a hearing as provided in rule 65(b) of the Federal
Rules of Civil Procedure (except as provided in
subsection (d)(3)), if the United States or the State,
as applicable, demonstrates that there is probable
cause to believe that the use of the Internet or other
interactive computer service at issue violates this
section.
``(B) Hearings.--A hearing requested concerning an
order entered under this paragraph shall be held at the
earliest practicable time.
``(d) Interactive Computer Service Providers.--
``(1) Immunity from liability for use by another.--
``(A) In general.--An interactive computer service
provider described in subparagraph (B) shall not be
liable, under this section or any other provision of
Federal or State law prohibiting or regulating gambling
or gambling-related activities, for the use of its
facilities or services by another person to engage in
Internet gambling activity that violates such law--
``(i) arising out of any transmitting,
routing, or providing of connections for
gambling-related material or activity
(including intermediate and temporary storage
in the course of such transmitting, routing, or
providing connections) by the provider, if--
``(I) the material or activity was
initiated by or at the direction of a
person other than the provider;
``(II) the transmitting, routing,
or providing of connections is carried
out through an automatic process
without selection of the material or
activity by the provider;
``(III) the provider does not
select the recipients of the material
or activity, except as an automatic
response to the request of another
person; and
``(IV) the material or activity is
transmitted through the system or
network of the provider without
modification of its content; or
``(ii) arising out of any gambling-related
material or activity at an online site residing
on a computer server owned, controlled, or
operated by or for the provider, or arising out
of referring or linking users to an online
location containing such material or activity,
if the material or activity was initiated by or
at the direction of a person other than the
provider, unless the provider fails to take
expeditiously, with respect to the particular
material or activity at issue, the actions
described in paragraph (2)(A) following the
receipt by the provider of a notice described
in paragraph (2)(B).
``(B) Eligibility.--An interactive computer service
provider is described in this subparagraph only if the
provider--
``(i) maintains and implements a written or
electronic policy that requires the provider to
terminate the account of a subscriber of its
system or network expeditiously following the
receipt by the provider of a notice described
in paragraph (2)(B) alleging that such
subscriber has violated or is violating this
section; and
``(ii) with respect to the particular
material or activity at issue, has not
knowingly permitted its computer server to be
used to engage in activity that the provider
knows is prohibited by this section, with the
specific intent that such server be used for
such purpose.
``(2) Notice to interactive computer service providers.--
``(A) In general.--If an interactive computer
service provider receives from a Federal or State law
enforcement agency, acting within its authority and
jurisdiction, a written or electronic notice described
in subparagraph (B), that a particular online site
residing on a computer server owned, controlled, or
operated by or for the provider is being used by
another person to violate this section, the provider
shall expeditiously--
``(i) remove or disable access to the
material or activity residing at that online
site that allegedly violates this section; or
``(ii) in any case in which the provider
does not control the site at which the subject
material or activity resides, the provider,
through any agent of the provider designated in
accordance with section 512(c)(2) of title 17,
or other responsible identified employee or
contractor--
``(I) notify the Federal or State
law enforcement agency that the
provider is not the proper recipient of
such notice; and
``(II) upon receipt of a subpoena,
cooperate with the Federal or State law
enforcement agency in identifying the
person or persons who control the site.
``(B) Notice.--A notice is described in this
subparagraph only if it--
``(i) identifies the material or activity
that allegedly violates this section, and
alleges that such material or activity violates
this section;
``(ii) provides information reasonably
sufficient to permit the provider to locate
(and, as appropriate, in a notice issued
pursuant to paragraph (3)(A) to block access
to) the material or activity;
``(iii) is supplied to any agent of a
provider designated in accordance with section
512(c)(2) of title 17, if information regarding
such designation is readily available to the
public;
``(iv) provides information that is
reasonably sufficient to permit the provider to
contact the law enforcement agency that issued
the notice, including the name of the law
enforcement agency, and the name and telephone
number of an individual to contact at the law
enforcement agency (and, if available, the
electronic mail address of that individual);
and
``(v) declares under penalties of perjury
that the person submitting the notice is an
official of the law enforcement agency
described in clause (iv).
``(3) Injunctive relief.--
``(A) In general.--The United States, or a State
law enforcement agency acting within its authority and
jurisdiction, may, not less than 24 hours following the
issuance to an interactive computer service provider of
a notice described in paragraph (2)(B), in a civil
action, obtain a temporary restraining order, or an
injunction to prevent the use of the interactive
computer service by another person in violation of this
section.
``(B) Limitations.--Notwithstanding any other
provision of this section, in the case of any
application for a temporary restraining order or an
injunction against an interactive computer service
provider described in paragraph (1)(B) to prevent a
violation of this section--
``(i) arising out of activity described in
paragraph (1)(A)(i), the injunctive relief is
limited to--
``(I) an order restraining the
provider from providing access to an
identified subscriber of the system or
network of the interactive computer
service provider, if the court
determines that there is probable cause
to believe that such subscriber is
using that access to violate this
section (or to engage with another
person in a communication that violates
this section), by terminating the
specified account of that subscriber;
and
``(II) an order restraining the
provider from providing access, by
taking reasonable steps specified in
the order to block access, to a
specific, identified, foreign online
location;
``(ii) arising out of activity described in
paragraph (1)(A)(ii), the injunctive relief is
limited to--
``(I) the orders described in
clause (i)(I);
``(II) an order restraining the
provider from providing access to the
material or activity that violates this
section at a particular online site
residing on a computer server operated
or controlled by the provider; and
``(III) such other injunctive
remedies as the court considers
necessary to prevent or restrain access
to specified material or activity that
is prohibited by this section at a
particular online location residing on
a computer server operated or
controlled by the provider, that are
the least burdensome to the provider
among the forms of relief that are
comparably effective for that purpose.
``(C) Considerations.--The court, in determining
appropriate injunctive relief under this paragraph,
shall consider--
``(i) whether such an injunction, either
alone or in combination with other such
injunctions issued, and currently operative,
against the same provider would significantly
(and, in the case of relief under subparagraph
(B)(ii), taking into account, among other
factors, the conduct of the provider,
unreasonably) burden either the provider or the
operation of the system or network of the
provider;
``(ii) whether implementation of such an
injunction would be technically feasible and
effective, and would not materially interfere
with access to lawful material at other online
locations;
``(iii) whether other less burdensome and
comparably effective means of preventing or
restraining access to the illegal material or
activity are available; and
``(iv) the magnitude of the harm likely to
be suffered by the community if the injunction
is not granted.
``(D) Notice and ex parte orders.--Injunctive
relief under this paragraph shall not be available
without notice to the service provider and an
opportunity for such provider to appear before the
court, except for orders ensuring the preservation of
evidence or other orders having no material adverse
effect on the operation of the communications network
of the service provider.
``(4) Advertising or promotion of non-internet gambling.--
``(A) Definitions.--In this paragraph:
``(i) Conducted.--With respect to a
gambling activity, that activity is `conducted'
in a State if the State is the State in which
the gambling establishment (as defined in
section 1081) that offers the gambling activity
being advertised or promoted is physically
located.
``(ii) Non-internet gambling activity.--The
term `non-Internet gambling activity' means--
``(I) a gambling activity in which
the placing of the bet or wager is not
conducted by the Internet; or
``(II) a gambling activity to which
the prohibitions of this section do not
apply.
``(B) Immunity from liability for use by another.--
``(i) In general.--An interactive computer
service provider described in clause (ii) shall
not be liable, under any provision of Federal
or State law prohibiting or regulating gambling
or gambling-related activities, or under any
State law prohibiting or regulating advertising
and promotional activities, for--
``(I) content, provided by another
person, that advertises or promotes
non-Internet gambling activity that
violates such law (unless the provider
is engaged in the business of such
gambling), arising out of any of the
activities described in paragraph
(1)(A) (i) or (ii); or
``(II) content, provided by another
person, that advertises or promotes
non-Internet gambling activity that is
lawful under Federal law and the law of
the State in which such gambling
activity is conducted.
``(ii) Eligibility.--An interactive
computer service is described in this clause
only if the provider--
``(I) maintains and implements a
written or electronic policy that
requires the provider to terminate the
Other Popular 106th Congressional Bills Documents:
|
| GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information. |
 |