H.R.3215 - Combating Illegal Gambling Reform and Modernization Act107th Congress (2001-2002)
Summary: H.R.3215 — 107th Congress (2001-2002)
Combating Illegal Gambling Reform and Modernization Act - Amends the Federal criminal code to revise provisions governing interstate gambling to cover Internet gambling overseas.
Reported to House amended, Part I (07/18/2002)
Applies such provisions to communication facilities (current law applies to "wire" communication facilities) and includes transmissions by satellite and microwave as covered means of communication.
Prohibits (with exceptions) any person engaged in a gambling business from knowingly: (1) using a communication facility for the transmission in interstate or foreign commerce, within the special maritime and territorial jurisdiction of the United States, or to or from any place outside the jurisdiction of any nation with respect to any transmission to or from the United States of bets or wagers, of betting information, or of a communication which entitles the recipient to receive money or credit as a result of bets or wagers; or (2) accepting credit, an electronic fund transfer, a check, or the proceeds of other prescribed forms of financial transaction in connection with the transmission of such a communication of information assisting the placing of bets. Sets penalties of up to five years imprisonment and fines for violations.
Lists exceptions, including certain: (1) transmissions of information assisting in the placing of bets for use in news reporting or between one State or foreign country where betting or wagering is permitted and either another State or foreign country where such betting on the same event is permitted or an out-of-State data center for the purposes of assisting in the operation of a State-specific lottery; (2) uses of communication facilities for the transmission of purchases of lottery chances as long as such bets are placed on the premises of a retail outlet that is licensed and open to the public; and (3) transmissions of information assisting in the placing of bets where the individual placing the bet, the gambling business, and processing facility are located in the same State, the State (or Indian tribe) has explicitly authorized such betting, business, and facility, and the State has a secure and effective customer and age verification system.
Requires a common carrier subject to the jurisdiction of the Federal Communications Commission, upon written notification by a Federal, State, tribal, or local law enforcement agency that one of its communication facilities is or will be used unlawfully by its subscriber to transmit or receive gambling information, to discontinue or refuse the leasing, furnishing, or maintaining of such facility, after reasonable notice to the subscriber.
Sets forth remedies for violations. Bars imposition of damages, penalties, or forfeiture against any person or entity for an act done in compliance with notice received from a law enforcement agency. Authorizes a Federal, State, tribal, or local law enforcement agency, in a civil action, to obtain injunctive or declaratory relief, such to specified limitations. Limits relief granted against an interactive computer service to removal or disabling of access to the violating online site, with specified exceptions.