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remain overseas while operating Internet gambling sites.56

Law enforcement officials in the United States can therefore

neither arrest nor sentence anyone who offers Internet

gambling services from a safe harbor abroad.

Even if through international negotiations U.S.

authorities managed to export a domestic ban on Internet

gambling, that sort of foreign trade carries too high a

price.  As the Department of Justice observed in its cri-

tique of the Kyl bill, "If we request that foreign coun-

tries investigate, on our behalf, conduct that is legal in

the foreign state, we must be prepared to receive and act

upon foreign requests for assistance when the conduct com-

plained of is legal, or even constitutionally protected,

in the United States."57   That threat looms all too large,

given that most foreign states regulate speech in ways

forbidden by the First Amendment.

Political Demand for Internet Gambling

As discussed above, consumers have already demonstrated

a huge demand for Internet gambling.  Soon, though, the

prohibitionists will have more than angry voters to worry

about.  Law enforcement agents have seized the media spot-

light by telling scary stories and demanding new powers to

crush Internet gambling.  As the futility of prohibition

becomes more and more evident, however, cooler heads in

state revenue departments will begin to see Internet gam-

bling as a huge new cash cow.  Prohibition merely ensures

that Internet gamblers will ship their money to places

like Antigua, New Zealand, and Australia.  State governors

and legislatures will soon demand a share of that bounty.

The same political forces that have led to the widespread

legalization of lottery, casino, and riverboat gambling will

eventually favor the legalization of Internet gambling.58

Indeed, the trend toward the legalization of Internet

gambling has already started.  When he introduced his bill

banning Internet gambling, Senator Kyl proclaimed,

"Gambling erodes values of hard work, sacrifice, and per-

sonal responsibility."59   He nonetheless amended his bill to

ensure that the incumbent gambling industry would remain

free to exploit the Internet (even while would-be competi-

tors remained shut out).  Kyl's generosity attracted the

attention of the Department of Justice, which noted that

"the numerous exceptions for parimutuel wagering would

expand the scope of permissible parimutuel activities

beyond what is currently permitted by existing law."60   As

Internet gambling grows and spreads, both in its official-

ly sanctioned legal forms and in its unstoppable illegal