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] ...


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106th CONGRESS
  1st Session
                                 S. 692

_______________________________________________________________________

                                 AN ACT


 
         To prohibit Internet gambling, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Internet Gambling Prohibition Act of 
1999''.

SEC. 2. PROHIBITION ON INTERNET GAMBLING.

    (a) In General.--Chapter 50 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1085. Internet gambling
    ``(a) Definitions.--In this section:
            ``(1) Bets or wagers.--The term `bets or wagers'--
                    ``(A) means the staking or risking by any person of 
                something of value upon the outcome of a contest of 
                others, a sporting event, or a game of chance, upon an 
                agreement or understanding that the person or another 
                person will receive something of value based on that 
                outcome;
                    ``(B) includes the purchase of a chance or 
                opportunity to win a lottery or other prize (which 
                opportunity to win is predominantly subject to chance);
                    ``(C) includes any scheme of a type described in 
                section 3702 of title 28; and
                    ``(D) does not include--
                            ``(i) a bona fide business transaction 
                        governed by the securities laws (as defined in 
                        section 3(a)(47) of the Securities Exchange Act 
                        of 1934 (15 U.S.C. 78c(a)(47))) for the 
                        purchase or sale at a future date of securities 
                        (as defined in section 3(a)(10) of the 
                        Securities Exchange Act of 1934 (15 U.S.C. 
                        78c(a)(10)));
                            ``(ii) a transaction on or subject to the 
                        rules of a contract market designated pursuant 
                        to section 5 of the Commodity Exchange Act (7 
                        U.S.C. 7);
                            ``(iii) a contract of indemnity or 
                        guarantee; or
                            ``(iv) a contract for life, health, or 
                        accident insurance.
            ``(2) Closed-loop subscriber-based service.--The term 
        `closed-loop subscriber-based service' means any information 
        service or system that uses--
                    ``(A) a device or combination of devices--
                            ``(i) expressly authorized and operated in 
                        accordance with the laws of a State, 
                        exclusively for placing, receiving, or 
                        otherwise making a bet or wager described in 
                        subsection (f)(1)(B); and
                            ``(ii) by which a person located within any 
                        State must subscribe and be registered with the 
                        provider of the wagering service by name, 
                        address, and appropriate billing information to 
                        be authorized to place, receive, or otherwise 
                        make a bet or wager, and must be physically 
                        located within that State in order to be 
                        authorized to do so;
                    ``(B) an effective customer verification and age 
                verification system, expressly authorized and operated 
                in accordance with the laws of the State in which it is 
                located, to ensure that all applicable Federal and 
                State legal and regulatory requirements for lawful 
                gambling are met; and
                    ``(C) appropriate data security standards to 
                prevent unauthorized access by any person who has not 
                subscribed or who is a minor.
            ``(3) Foreign jurisdiction.--The term `foreign 
        jurisdiction' means a jurisdiction of a foreign country or 
        political subdivision thereof.
            ``(4) Gambling business.--The term `gambling business' 
        means--
                    ``(A) a business that is conducted at a gambling 
                establishment, or that--
                            ``(i) involves--
                                    ``(I) the placing, receiving, or 
                                otherwise making of bets or wagers; or
                                    ``(II) the offering to engage in 
                                the placing, receiving, or otherwise 
                                making of bets or wagers;
                            ``(ii) involves 1 or more persons who 
                        conduct, finance, manage, supervise, direct, or 
                        own all or part of such business; and
                            ``(iii) has been or remains in 
                        substantially continuous operation for a period 
                        in excess of 10 days or has a gross revenue of 
                        $2,000 or more from such business during any 
                        24-hour period; and
                    ``(B) any soliciting agent of a business described 
                in subparagraph (A).
            ``(5) Information assisting in the placing of a bet or 
        wager.--The term `information assisting in the placing of a bet 
        or wager'--
                    ``(A) means information that is intended by the 
                sender or recipient to be used by a person engaged in 
                the business of betting or wagering to place, receive, 
                or otherwise make a bet or wager; and
                    ``(B) does not include--
                            ``(i) information concerning parimutuel 
                        pools that is exchanged exclusively between or 
                        among 1 or more racetracks or other parimutuel 
                        wagering facilities licensed by the State or 
                        approved by the foreign jurisdiction in which 
                        the facility is located, and 1 or more 
                        parimutuel wagering facilities licensed by the 
                        State or approved by the foreign jurisdiction 
                        in which the facility is located, if that 
                        information is used only to conduct common pool 
                        parimutuel pooling under applicable law;
                            ``(ii) information exchanged exclusively 
                        between or among 1 or more racetracks or other 
                        parimutuel wagering facilities licensed by the 
                        State or approved by the foreign jurisdiction 
                        in which the facility is located, and a support 
                        service located in another State or foreign 
                        jurisdiction, if the information is used only 
                        for processing bets or wagers made with that 
                        facility under applicable law;
                            ``(iii) information exchanged exclusively 
                        between or among 1 or more wagering facilities 
                        that are located within a single State and are 
                        licensed and regulated by that State, and any 
                        support service, wherever located, if the 
                        information is used only for the pooling or 
                        processing of bets or wagers made by or with 
                        the facility or facilities under applicable 
                        State law;
                            ``(iv) any news reporting or analysis of 
                        wagering activity, including odds, racing or 
                        event results, race and event schedules, or 
                        categories of wagering; or
                            ``(v) any posting or reporting of any 
                        educational information on how to make a bet or 
                        wager or the nature of betting or wagering.
            ``(6) Interactive computer service.--The term `interactive 
        computer service' means any information service, system, or 
        access software provider that operates in, or uses a channel or 
        instrumentality of, interstate or foreign commerce to provide 
        or enable access by multiple users to a computer server, 
        including specifically a service or system that provides access 
        to the Internet.
            ``(7) Interactive computer service provider.--The term 
        `interactive computer service provider' means any person that 
        provides an interactive computer service, to the extent that 
        such person offers or provides such service.
            ``(8) Internet.--The term `Internet' means the 
        international computer network of both Federal and non-Federal 
        interoperable packet switched data networks.
            ``(9) Person.--The term `person' means any individual, 
        association, partnership, joint venture, corporation (or any 
        affiliate of a corporation), State or political subdivision 
        thereof, department, agency, or instrumentality of a State or 
        political subdivision thereof, or any other government, 
        organization, or entity (including any governmental entity (as 
        defined in section 3701(2) of title 28)).
            ``(10) Private network.--The term `private network' means a 
        communications channel or channels, including voice or computer 
        data transmission facilities, that use either--
                    ``(A) private dedicated lines; or
                    ``(B) the public communications infrastructure, if 
                the infrastructure is secured by means of the 
                appropriate private communications technology to 
                prevent unauthorized access.
            ``(11) State.--The term `State' means a State of the United 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, or a commonwealth, territory, or possession of the United 
        States.
            ``(12) Subscriber.--The term `subscriber'--
                    ``(A) means any person with a business relationship 
                with the interactive computer service provider through 
                which such person receives access to the system, 
                service, or network of that provider, even if no formal 
                subscription agreement exists; and
                    ``(B) includes registrants, students who are 
                granted access to a university system or network, and 
                employees or contractors who are granted access to the 
                system or network of their employer.
    ``(b) Internet Gambling.--
            ``(1) Prohibition.--Subject to subsection (f), it shall be 
        unlawful for a person engaged in a gambling business knowingly 
        to use the Internet or any other interactive computer service--
                    ``(A) to place, receive, or otherwise make a bet or 
                wager; or
                    ``(B) to send, receive, or invite information 
                assisting in the placing of a bet or wager.
            ``(2) Penalties.--A person engaged in a gambling business 
        who violates this section shall be--
                    ``(A) fined in an amount equal to not more than the 
                greater of--
                            ``(i) the total amount that such person bet 
                        or wagered, or placed, received, or accepted in 
                        bets or wagers, as a result of engaging in that 
                        business in violation of this section; or
                            ``(ii) $20,000;
                    ``(B) imprisoned not more than 4 years; or
                    ``(C) both.
            ``(3) Permanent injunctions.--Upon conviction of a person 
        under this section, the court may enter a permanent injunction 
        enjoining such person from placing, receiving, or otherwise 
        making bets or wagers or sending, receiving, or inviting 
        information assisting in the placing of bets or wagers.
    ``(c) Civil Remedies.--
            ``(1) Jurisdiction.--The district courts of the United 
        States shall have original and exclusive jurisdiction to 
        prevent and restrain violations of this section by issuing 
        appropriate orders in accordance with this section, regardless 
        of whether a prosecution has been initiated under this section.
            ``(2) Proceedings.--
                    ``(A) Institution by federal government.--
                            ``(i) In general.--The United States may 
                        institute proceedings under this subsection to 
                        prevent or restrain a violation of this 
                        section.
                            ``(ii) Relief.--Upon application of the 
                        United States under this subparagraph, the 
                        district court may enter a temporary 
                        restraining order or an injunction against any 
                        person to prevent or restrain a violation of 
                        this section if the court determines, after 
                        notice and an opportunity for a hearing, that 
                        there is a substantial probability that such 
                        violation has occurred or will occur.
                    ``(B) Institution by state attorney general.--
                            ``(i) In general.--The attorney general of 
                        a State (or other appropriate State official) 
                        in which a violation of this section allegedly 
                        has occurred or will occur, after providing 
                        written notice to the United States, may 
                        institute proceedings under this subsection to 
                        prevent or restrain the violation.
                            ``(ii) Relief.--Upon application of the 
                        attorney general (or other appropriate State 
                        official) of an affected State under this 
                        subparagraph, the district court may enter a 
                        temporary restraining order or an injunction 
                        against any person to prevent or restrain a 
                        violation of this section if the court 
                        determines, after notice and an opportunity for 
                        a hearing, that there is a substantial 
                        probability that such violation has occurred or 
                        will occur.
                    ``(C) Proceedings by a sports organization.--A 
                professional sports organization or an amateur sports 
                organization (as those terms are defined in section 
                3701 of title 28) whose games, or the performances of 
                whose athletes in such games, are alleged to be the 
                basis of a violation of this section, may, after 
                providing written notice to the United States, 
                institute civil proceedings in an appropriate district 
                court of the United States to prevent or restrain such 
                violation. Upon application of the professional or 
                amateur sports organization, the district court may 
                enter any relief authorized by this subsection in 
                proceedings instituted thereunder by the United States 
                or a State Attorney General (or other appropriate State 
                official). This subparagraph does not authorize 
                proceedings against an interactive computer service 
                provider described in subsection (d)(1)(B).
                    ``(D) Indian lands.--Notwithstanding subparagraph 
                (A), (B), or (C), for a violation that is alleged to 

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