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] ...
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 maintains a
website on a computer server controlled
or operated by the provider for the
purpose of engaging in advertising or
promotion of non-Internet gambling
activity prohibited by a Federal law or
a law of the State in which such
activity is conducted;
``(II) with respect to the
particular material or activity at
issue, has not knowingly permitted its
computer server to be used to engage in
the advertising or promotion of non-
Internet gambling activity that the
provider knows is prohibited by a
Federal law or a law of the State in
which the activity is conducted, with
the specific intent that such server be
used for such purpose; and
``(III) at reasonable cost, offers
residential customers of the provider's
Internet access service, if the
provider provides Internet access
service to such customers, computer
software, or another filtering or
blocking system that includes the
capability of filtering or blocking
access by minors to online Internet
gambling sites that violate this
section.
``(C) Notice to interactive computer service
providers.--
``(i) Notice from federal law enforcement
agency.--If an interactive computer service
provider receives from a Federal law
enforcement agency, acting within its authority
and jurisdiction, a written or electronic
notice described in paragraph (2)(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
advertise or promote non-Internet gambling
activity that violates a Federal law
prohibiting or regulating gambling or gambling-
related activities, the provider shall
expeditiously take the actions described in
paragraph (2)(A) (i) or (ii) with respect to
the advertising or promotion identified in the
notice.
``(ii) Notice from state law enforcement
agency.--If an interactive computer service
provider receives from a State law enforcement
agency, acting within its authority and
jurisdiction, a written or electronic notice
described in paragraph (2)(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
advertise or promote non-Internet gambling
activity that is conducted in that State and
that violates a law of that State prohibiting
or regulating gambling or gambling-related
activities, the provider shall expeditiously
take the actions described in paragraph (2)(A)
(i) or (ii) with respect to the advertising or
promotion identified in the notice.
``(D) Injunctive relief.--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
to advertise or promote non-Internet gambling activity
that violates a Federal law, or a law of the State in
which such activity is conducted that prohibits or
regulates gambling or gambling-related activities, as
applicable. The procedures described in paragraph
(3)(D) shall apply to actions brought under this
subparagraph, and the relief in such actions shall be
limited to--
``(i) an order requiring the provider to
remove or disable access to the advertising or
promotion of non-Internet gambling activity
that violates Federal law, or the law of the
State in which such activity is conducted, as
applicable, at a particular online site
residing on a computer server controlled or
operated by the provider;
``(ii) an order restraining the provider
from providing access to an identified
subscriber of the system or network of the
provider, if the court determines that such
subscriber maintains a website on a computer
server controlled or operated by the provider
that the subscriber is knowingly using or
knowingly permitting to be used to advertise or
promote non-Internet gambling activity that
violates Federal law or the law of the State in
which such activity is conducted; and
``(iii) an order restraining the provider
of the content of the advertising or promotion
of such illegal gambling activity from
disseminating such advertising or promotion on
the computer server controlled or operated by
the provider of such interactive computer
service.
``(E) Applicability.--The provisions of
subparagraphs (C) and (D) do not apply to the content
described in subparagraph (B)(i)(II).
``(5) Effect on other law.--
``(A) Immunity from liability for compliance.--An
interactive computer service provider shall not be
liable for any damages, penalty, or forfeiture, civil
or criminal, under Federal or State law for taking in
good faith any action described in paragraph (2)(A) or
(4) (B)(ii)(I) or (C) to comply with a notice described
in paragraph (2)(B), or complying with any court order
issued under paragraph (3) or (4)(C).
``(B) Disclaimer of obligations.--Nothing in this
section may be construed to impose or authorize an
obligation on an interactive computer service provider
described in paragraph (1)(B)--
``(i) to monitor material or use of its
service; or
``(ii) except as required by a notice or an
order of a court under this subsection, to gain
access to, to remove, or to disable access to
material.
``(C) Rights of subscribers.--Nothing in this
section may be construed to prejudice the right of a
subscriber to secure an appropriate determination, as
otherwise provided by law, in a Federal court or in a
State or local tribunal or agency, that the account of
such subscriber should not be terminated pursuant to
this subsection, or should be restored.
``(e) Availability of Relief.--The availability of relief under
subsections (c) and (d) shall not depend on, or be affected by, the
initiation or resolution of any action under subsection (b), or under
any other provision of Federal or State law.
``(f) Applicability.--
``(1) In general.--Subject to paragraph (2), the
prohibition in this section does not apply to--
``(A) any otherwise lawful bet or wager that is
placed, received, or otherwise made wholly intrastate
for a State lottery, or for a multi-State lottery
operated jointly between 2 or more States in
conjunction with State lotteries if--
``(i) each such lottery is expressly
authorized, and licensed or regulated, under
applicable State law;
``(ii) the bet or wager is placed on an
interactive computer service that uses a
private network;
``(iii) each person placing or otherwise
making that bet or wager is physically located
when such bet or wager is placed at a facility
that is open to the general public; and
``(iv) each such lottery complies with
sections 1301 through 1304, and other
applicable provisions of Federal law;
``(B) any otherwise lawful bet or wager that is
placed, received, or otherwise made on an interstate or
intrastate basis on a live horse or a live dog race, or
the sending, receiving, or inviting of information
assisting in the placing of such a bet or wager, if
such bet or wager, or the transmission of such
information, as applicable, is--
``(i) expressly authorized, and licensed or
regulated by the State in which such bet or
wager is received, under applicable Federal and
such State's laws;
``(ii) placed on a closed-loop subscriber-
based service;
``(iii) initiated from a State in which
betting or wagering on that same type of live
horse or live dog racing is lawful and received
in a State in which such betting or wagering is
lawful;
``(iv) subject to the regulatory oversight
of the State in which the bet or wager is
received and subject by such State to minimum
control standards for the accounting,
regulatory inspection, and auditing of all such
bets or wagers transmitted from 1 State to
another; and
``(v) in the case of--
``(I) live horse racing, made in
accordance with the Interstate Horse
Racing Act of 1978 (15 U.S.C. 3001 et
seq.) and the requirements, if any,
established by an appropriate
legislative or regulatory body of the
State in which the bet or wager
originates; or
``(II) live dog racing, subject to
consent agreements that are comparable
to those required by the Interstate
Horse Racing Act of 1978, approved by
the appropriate State regulatory
agencies, in the State receiving the
signal, and in the State in which the
bet or wager originates; or
``(C) any otherwise lawful bet or wager that is
placed, received, or otherwise made for a fantasy
sports league game or contest.
``(2) Bets or wagers made by agents or proxies.--
``(A) In general.--Paragraph (1) does not apply in
any case in which a bet or wager is placed, received,
or otherwise made by the use of an agent or proxy using
the Internet or an interactive computer service.
``(B) Qualification.--Nothing in this paragraph may
be construed to prohibit the owner operator of a
parimutuel wagering facility that is licensed by a
State from employing an agent in the operation of the
account wagering system owned or operated by the
parimutuel facility.
``(3) Advertising and promotion.--The prohibition of
subsection (b)(1)(B) does not apply to advertising or promotion
of any activity that is not prohibited by subsection (b)(1)(A).
``(4) Indian Gaming.--
``(A) In general.--Subject to paragraph (2), the
prohibition in this section does not apply to any
otherwise lawful bet or wager that is placed, received,
or otherwise made on any game that constitutes class II
gaming or class III gaming (as those terms are defined
in section 4 of the Indian Gaming Regulatory Act, 25
U.S.C. 2703), or the sending, receiving, or inviting of
information assisting in the placing of any such bet or
wager, as applicable, if--
``(i) the game is permitted under and
conducted in accordance with the Indian Gaming
Regulatory Act (25 U.S.C. 2701 et seq.);
``(ii) each person placing, receiving, or
otherwise making such bet or wager, or
transmitting such information, is physically
located on Indian lands (as that term is
defined in section 4 of the Indian Gaming
Regulatory Act, 25 U.S.C. 2703) when such
person places, receives, or otherwise makes the
bet or wager, or transmits such information;
``(iii) the game is conducted on a closed-
loop subscriber-based system or a private
network; and
``(iv) in the case of a game that
constitutes class III gaming--
``(I) the game is authorized under,
and is conducted in accordance with,
the respective Tribal-State compacts
(entered into and approved pursuant to
section 11(d) of the Indian Gaming
Regulatory Act, 25 U.S.C. 2710)
governing gaming activity on the Indian
lands, in each respective State, on
which each person placing, receiving,
or otherwise making such bet or wager,
or transmitting such information, is
physically located when such person
places, receives, or otherwise makes
the bet or wager, or transmits such
information; and
``(II) each such Tribal-State
compact expressly provides that the
game may be conducted using the
Internet or other interactive computer
service only on a closed-loop
subscriber-based system or a private
network.
``(B) Activities under existing compacts.--The
requirement of subparagraph (A)(iv)(II) shall not apply
in the case of gaming activity, otherwise subject to
this section, that was being conducted on Indian lands
on September 1, 1999, with the approval of the State
gaming commission or like regulatory authority of the
State in which such Indian lands are located, but
without such required compact approval, until the date
on which the compact governing gaming activity on such
Indian lands expires (exclusive of any automatic or
discretionary renewal or extension of such compact), so
long as such gaming activity is conducted using the
Internet or other interactive computer service only on
a closed-loop subscriber-based system or a private
network. For purposes of this subparagraph, the phrase
`conducted on Indian lands' shall refer to all Indian
lands on which any person placing, receiving, or
otherwise making a bet or wager, or sending, receiving,
or inviting information assisting in the placing of a
bet or wager, is physically located when such person
places, receives, or otherwise makes the bet or wager,
or sends, receives, or invites such information.
``(g) Rules of Construction.--
``(1) No immunity from prosecution.--Except as provided in
subsection (d), nothing in this section may be construed to
create immunity from criminal prosecution under any provision
of Federal or State law.
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