Internet Gambling: Two Approaches in the 109th Congress (CRS Report for Congress)
| Release Date |
Revised Nov. 15, 2006 |
| Report Number |
RS22418 |
| Report Type |
Report |
| Authors |
Charles Doyle, American Law Division |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
On September 30, 2006, Congress passed and sent to the President the SAFE Port Act (H.R. 4954) that includes an Internet gambling title added in conference. The President signed the bill on October 13, 2006 (P.L. 109-347). The Internet gambling title prohibits gambling businesses from accepting checks, credit cards, electronic transfers and the like in connection with illegal Internet gambling In doing so, it tracks the language of H.R. 4411 as reported by the Financial Services Committee, but does not contain the amendments to the Wire Act or most of the other provisions folded into H.R. 4411 from H.R. 4777 prior to House passage in July. The title exempts intrastate and intratribal Internet gambling operations that feature age and location verification requirements imposed as a matter of law. It also leaves in place questions as to the extent to which the Interstate Horseracing Act curtails the reach of other federal laws.
The title calls for regulations under which various financial entities will block credit card, check, and similar transactions relating to illegal Internet gambling. It authorizes the federal and state authorities to sue to prevent or restrain violations of its provisions, although it limits the relief available against Internet service providers both under the title and under the Wire Act unless they are directly involved with an unlawful Internet gambling website. It is generally understood that like H.R. 4411 and H.R. 4777, the SAFE Port Act provisions do not apply to individual bettors. Still pending is a proposal, H.R. 5474, to establish a Congressional commission to study the proper response to the threat of Internet gambling.
For a more detailed description of legislative activities in prior Congresses, see CRS Report RS21487, Internet Gambling: A Sketch of Legislative Proposals in the 108th and 109th Congresses, by Charles Doyle and Kenneth R. Thomas.
